[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Rules and Regulations]
[Pages 47078-47083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22615]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4145a; FRL-7050-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Seven 
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 seven 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 26, 2001, without further 
notice, unless EPA receives adverse written comment by October 11, 
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 CTG's.
    On February 4, 1994, PADEP submitted a revision to its SIP to 
require major sources of NOX and additional major sources of 
VOC emissions (not covered by a CTG) to implement RACT. The February 4, 
1994 submittal was amended on May 3, 1994 to correct and clarify 
certain presumptive NOX RACT requirements. In the 
Philadelphia area, a major source of VOC is defined as one having the 
potential to emit 25 tons per year (tpy) or more, and a major source of 
NOX is also defined as one having the potential to emit 25 
tpy or more. Pennsylvania's RACT regulations require sources, in the 
Philadelphia area, that have the potential to emit 25 tpy or more of 
VOC and sources which have the potential to emit 25 tpy or more of 
NOX 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. Once EPA has approved 
the case-by-case RACT determinations submitted by PADEP to satisfy the 
conditional

[[Page 47079]]

approval for subject sources located in Bucks, Chester, Delaware, 
Montgomery and Philadelphia Counties; the limited approval of 
Pennsylvania's generic VOC and NOX RACT regulations shall 
convert to a full approval for the Philadelphia area.
    It must be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the OTR. That rule's compliance date is May 
1999. That regulation was approved as SIP revision on June 6, 2000 (65 
FR 35842). Pennsylvania has also adopted regulations to satisfy Phase I 
of the NOX SIP call and submitted those regulations to EPA 
for SIP approval. Pennsylvania's SIP revision to address the 
requirements of the NOX SIP Call Phase I consists of the 
adoption of Chapter 145--Interstate Pollution Transport Reduction and 
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001 
(66 FR 29064), EPA proposed approval of the Commonwealth's 
NOX SIP call rule SIP submittal. EPA published its final 
approval on August 21, 2001 (66 FR 43795). 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 August 1, 1995, February 2, 1999, July 27, 2001, and August 8, 
2001, PADEP submitted revisions to the Pennsylvania SIP which establish 
and impose RACT for several sources of VOC and/or NOX. This 
rulemaking pertains to seven of those sources. The remaining sources 
are or have been the subject of separate rulemakings. The 
Commonwealth's submittals consist of operating permits (OPs) or 
compliance permits (CPs) which impose VOC and/or NOX RACT 
requirements for each source. The table below identifies the sources 
and the individual permits 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
----------------------------------------------------------------------------------------------------------------
                                                     Operating permit (OP
            Source                    County         #), compliance permit     Source type     ``Major source''
                                                             (CP)                                  pollutant
----------------------------------------------------------------------------------------------------------------
G-Seven, Ltd.................  Montgomery.........  OP-46-0078              Wood Furniture    VOC
                                                                             Plant.
Kimberly-Clark Corporation...  Delaware...........  OP-23-0014A             Paper Mill......  NOX & VOC
Leonard Kunkin Associates....  Bucks..............  OP-09-0073              Coating Facility  VOC
PECO Energy Company--Cromby    Chester............  OP-15-0019              Power Generating  NOX & VOC
 Generating Station.                                                         Station.
Sunoco, Inc. (R&M)--Marcus     Delaware...........  CP-23-0001 &            Refinery........   NOX & VOC
 Hook Plant.
Waste Management Disposal      Bucks..............  OP-09-0007              Landfill........  VOC
 Services of Pennsylvania,
 Inc. (GROWS Landfill).
Waste Resource Energy, Inc.    Delaware...........  OP-23-0004              Municipal Waste   NOX & VOC
 (Operator) and Shawmut Bank,                                                Combustors &
 Conn. National Assoc.                                                       Power
 (Owner)--Delaware County                                                    Generators.
 Resource Recovery Facility.
----------------------------------------------------------------------------------------------------------------

A. G-Seven, Ltd.

    G-Seven, Ltd. (G-Seven) operates a wood office furniture production 
plant located in Hatfield, Montgomery County, Pennsylvania. G-Seven is 
a major source of VOC. The majority of the VOC emitting installations 
and processes at this source are subject to categoric specific SIP-
approved requirements adopted by the Commonwealth in accordance with 
the applicable CTG. For the other small sources including 19 space 
heaters and a Rupp CFA-25 Make-up Air unit, the PADEP issued OP-46-0078 
to impose RACT. OP-46-0078 limits the VOC emissions from these small 
units to less than 3 pounds per hour, 15 pounds per day, or 2.7 tons 
per year on a 12 month rolling basis. Also requires that the combustion 
units be operated and maintained in accordance with manufacturer's 
specifications and good air pollution control practices. OP-46-0078 
also requires G-Seven to meet the recordkeeping requirements specified 
at 25 Pa. Code Sec. 129.95.

B. Kimberly-Clark Corporation

    Kimberly-Clark Corporation (Kimberly-Clark) operates a paper mill 
in Chester, Delaware County, Pennsylvania. Kimberly-Clark's paper mill 
is a major source of NOX and VOC. Most of the installations 
and processes at this source are subject to categoric specific SIP-
approved VOC RACT requirements adopted by the Commonwealth in 
accordance with applicable CTGs, and/or to SIP-approved presumptive 
RACT requirements adopted by the Commonwealth to control 
NOX. Other installations and processes, including a 
circulating fluidized bed (CFB) boiler (the #10 boiler), two other 
boilers (#8 and #9), and several paper machines which are equipped with 
product drying hoods and associated heaters, are subject to the generic 
provisions of Pennsylvania's RACT regulation. The PADEP issued OP-23-
0014A to impose RACT. As RACT requirements for the CFB boiler, OP-23-
0014A limits NOX emissions to 0.11 lb./MMBtu on a 30 day 
rolling average, and limits VOC emissions to 23.94 tons per year as a 
12 month rolling sum. OP-23-0014A requires Kimberly-Clark to operate 
Continued In Stack NOX monitors for this boiler. As RACT 
requirements for the #8 boiler, OP-23-0014A limits NOX 
emissions to 91.08 lb. per hour, and limits VOC emissions to 9.90 lb. 
per hour. As RACT requirements for the #9 boiler, OP-23-0014A limits 
NOX emissions to 114.54 lb. per hour, and limits VOC 
emissions to 12.45 lb. per hour. OP-23-0014A also requires the #8 and 
#9 boilers to be operated and maintained in a manner consistent with 
good operating and maintenance practices. OP-23-0014A limits the 
combined VOC emissions from paper machines Nos. 8, 10, 12, 16, 17, 18, 
and 19 to 223 tons per year as a 12 month rolling sum to be calculated 
monthly. OP-23-0014A also requires that the VOC emissions of any 
individual machine not exceed 125 tons per year, except for machine No. 
10, for which the permit sets a limit of 123.6 tons per year. In 
addition, OP-23-0014A limits the VOC emissions from the pulp

[[Page 47080]]

brightening process to 28.96 tons per year. In addition, OP-23-0014A 
establishes limits on NOX and VOC emissions from the burners 
at paper machines #16, #18, and #19. As RACT requirements for two 
burners at paper machine #16, OP-23-0014A specifies that the 
NOX emissions shall be limited to 0.1 lb/MM Btu and 19.71 
tpy as 12 month rolling sum, and specifies that VOC emissions shall be 
limited to 0.54 tpy as a 12 month rolling sum. OP-23-0014A also 
requires the unit to be operated and maintained in a manner consistent 
with good operating and maintenance practices. In addition, OP-23-0014A 
requires that the burners at paper machine #16 be fired only with 
natural gas. As RACT requirements for the burners associated with paper 
machine #18, OP-23-0014A specifies that the NOX emissions 
from the drying hood burners shall be limited to 4.80 lbs./hr. and that 
non-methane total organic compound emissions shall be limited to 0.16 
lbs./hr. As RACT requirements for the burners at paper machine #19, OP-
23-0014A specifies that the NOX emissions shall be limited 
to 0.2 lb/MMBtu and 99 tpy as 12 month rolling sum, and that VOC 
emissions shall be limited to 1.34 tpy as 12-month rolling sum. OP-23-
0014A also requires an annual adjustment or tune-up of the burners at 
paper machine #19. In addition, OP-23-0014A requires that the burners 
at paper machine #19 be fired only with natural gas or No. 2 fuel oil. 
As RACT requirements for the burners at the 20 inch experimental paper 
machine, OP-23-0014A requires that operation of the machine be limited 
to 2,000 hours per year, that only natural gas be used as a fuel, and 
that operation and maintenance be in accordance with manufacturer's 
specifications. OP-23-0014A also contains requirements applicable to 
some other miscellaneous emissions units. OP-23-0014A requires that the 
total emissions of VOC from tanks 036A, 050A, 064A, 065A, a generator 
tank, the building/grounds, and coal yards shall not exceed 4.42 tpy as 
a 12 month rolling sum. The permit also requires that each tank shall 
be operated with VOC emission rates of no greater than 3 lbs./hr., 15 
lbs./day, and 2.7 tons/year. OP-23-0014A also requires that two 
emergency generators and an emergency fire pump be operated less than 
500 hours in any consecutive 12-month period, which results in 
presumptive RACT requirements being applicable to these units. In 
addition to the in stack monitors that must be operated for the CFB 
boiler, the permit also requires that records be kept of the monitored 
emissions levels of the CFB boiler, of the firing rate of boiler, and 
of the fuels fired by the boiler. OP-23-0014A requires the fuel used by 
the No. 8 and 9 boilers to be measured by fuel meters, and the hours of 
operation of the boilers to be recorded. For the paper process, OP-23-
0014A requires records to be kept of the various chemical compounds 
used in the process and their VOC contents, the emissions of VOC per 
paper machine, and the production in tons per day for each paper 
machine. OP-23-0014A also requires the Company to keep all records and 
other data required to demonstrate compliance with the NOX/
VOC RACT requirements of 25 Pa. Code Sections 129.91-129.95.

C. Leonard Kunkin Associates

    Leonard Kunkin Associates (Leonard Kunkin) operates a coating 
facility located in Bucks County, Pennsylvania. Most of the VOC 
emitting installations and processes at this source are subject to 
categoric specific SIP-approved requirements adopted by the 
Commonwealth in accordance with applicable CTGs. The PADEP issued OP-
09-0073 to impose RACT for the facility's clean-up operations. 
Pennsylvania determined that RACT for the clean-up operations is the 
use of work practices to minimize VOC emissions. OP-09-0073 requires 
the Company to keep records associated with the cleaning solvent 
accounting system.

D. PECO Energy Company's (now Exelon Generation Company's) Cromby 
Generating Station

    PECO Energy Company (now Exelon Generation Company) operates the 
Cromby Power Generating Station located in Chester County, 
Pennsylvania. The Cromby Generating Station is a major NOX 
and VOC emitting facility. The units at this facility which emit 
NOX and/or VOC consist of the #1 coal fired boiler, which is 
rated at 1537 MMBtu/hr, the #2 oil and/or natural gas fired boiler, 
which is rated at 2300 MMBtu/hr, an auxiliary boiler rated at 42 MMBtu/
hr, and an emergency diesel generator rated at 28.7 MMBtu/hr. The PADEP 
issued OP-15-0019 to impose RACT for these operations. OP-15-0019 
specifies that the #1 coal fired boiler is subject to presumptive 
NOX RACT requirements. OP-15-0019 notes that under 
Pennsylvania's presumptive NOX RACT requirements the #1 
boiler must be equipped with low NOX burners and separate 
overfire air. OP-15-0019 also establishes a NOX emission 
limit for the #1 boiler of 0.50 lbs/MMBtu on a 30-day rolling average, 
and a VOC emissions limit of 0.003 lbs/MMBtu and 25 tpy, whichever is 
more stringent. OP-15-0019 specifies that Cromby Unit No. 1 must use a 
Continuous Emissions Monitoring System (CEMS). OP-15-0019 specifies 
that NOX RACT for the #2 oil-fired boiler consists of the 
use of an air biasing technique which involves air staging to the upper 
compartments in the windbox to create a function of close coupled 
overfire air. OP-15-0019 establishes NOX emissions limits 
for the #2 boiler as follows: (1) An hourly rate of 0.30 lbs/MMBtu as a 
24-hour average while burning fuel oil, or 0.21 lbs/MMBTU as a 24-hour 
average while burning natural gas, or a 0.28 lbs/MMBtu as a 24-hour 
average when co-firing both fuels; (2) 0.30 lbs/MMBtu on a 30-day 
rolling average while burning fuel oil or, 0.21 lbs/MMBtu on a 30-day 
rolling average while burning natural gas, or a 0.28 lbs/MMBtu on a 30-
day rolling average while co-firing both fuels, and 1,287 tpy per year 
whichever is more stringent. OP-15-0019 also establishes a VOC 
emissions limit for the #2 boiler of 0.002 LB/MMBTU and 6.2 tpy, 
whichever is more stringent. OP-15-0019 specifies that a CEMS shall be 
installed on Cromby Unit No. 2. OP-15-0019 also notes that the 
auxiliary boiler and the emergency diesel generator are subject to 
presumptive NOX RACT requirements. OP-15-0019 specifies that 
compliance with the VOC emissions requirements of both boilers are to 
be determined by stack test. The permit also requires records to be 
kept of fuel throughput and fuel characteristics. The permit also 
contains requirements that sufficient data and calculations be kept to 
clearly demonstrate compliance with the requirements of 25 Pa. Code 
129.91-129.94. PECO Energy Company's (now Exelon Generation Company's) 
Cromby Power Generating Station is also subject to additional post-RACT 
requirements to reduce NOX found at 25 PA Code Chapters 121, 
123 and 145.

E. Sunoco, Inc. (R&M)'s Marcus Hook Refinery

    Sunoco, Inc. (R&M) operates the Marcus Hook Refinery located in 
Delaware County, Pennsylvania. The Marcus Hook Refinery is a major 
NOX and VOC emitting facility. The majority of the 
installations and processes at this source are subject to categoric 
specific SIP-approved VOC RACT requirements adopted by the Commonwealth 
in accordance with applicable CTGs, and/or to SIP-approved presumptive 
RACT requirements adopted by the Commonwealth to control 
NOX. The PADEP issuedCP-23-0001 to Sunoco to

[[Page 47081]]

impose RACT. CP-23-0001 also establishes NOX emission limits 
for the following emission units, which in the case of boilers #2--#5 
vary depending on the fuel being burned. The units for which 
NOX limits are established, and the applicable limits, are 
shown below:

------------------------------------------------------------------------
                                            Limit when      Limit when
                                            burning gas     burning oil
                  Unit                         (lbs.           (lbs.
                                             NOXMMBtu)       NOXMMBtu)
------------------------------------------------------------------------
Boiler #1 located in the #15 Boilerhouse          *0.25              N/A
Boilers #2 through #5 located in the #15          *0.25             *0.4
 Boilerhouse............................
Boilers #6 and #7 located in the #15              *0.25              N/A
 Boilerhouse............................
Vacuum Heater # H-301 at the 12-3 Crude            0.064             N/A
 and Vacuum Distillation Unit...........
Heater H3006 at the 12-3 Crude and                 0.131             N/A
 Vacuum Distillation Unit...............
Crude Heater #3 located at the 15-1                0.161             N/A
 Crude Distillation Unit................
10-4 FCCU/CO Boiler.....................          *0.25              N/A
17-2A BTX Reforming Heater..............          *0.25              N/A
Heater # H-101 at the 17-1A Octane                *0.25              N/A
 Reforming Unit.........................
10-4 Catalytic Cracker Feed Heater......          *0.25              N/A
------------------------------------------------------------------------
* Pennsylvania specified that these limits apply on a 24 hour basis.

    Stack testing or CEMS are required for all combustion units except 
for those that are designated as permanently shutdown . CP-23-0001 
specifies that the 17-1A Octane Reforming Unit HTR-101, and the Nos. 2, 
3, and 4 boilers were permanently removed from service on February 1, 
1997 and in May 1999, respectively. CP-23-0001 identifies the following 
units or processes as subject to RACT requirements for VOCs: marine 
vessel loading, truck loading of xylene and toluene, cooling towers, 
the Middle Creek Wastewater Conveyance, and combustion sources. For 
marine vessel loading, CP-23-0001 requires that the VOC emissions be 
captured by the respective vapor recovery systems and be distributed 
via a piping network to the refinery vapor control system. All VOC 
vapors collected by the refinery vapor recovery system shall be fed a 
primary fuel to the process heaters and boilers in the refinery. CP-23-
0001 requires that the VOC vapors be destroyed at a minimum of 90% by 
weight. With regard to benzene, CP-23-0001 also imposes the applicable 
requirements of 40 CFR 61.302 and 40 CFR 61.242. For tank truck loading 
of xylene and toluene, CP-23-0001 specifies the use of a submerged 
loading method to reduce vapor loss. CP-23-0001 limits emissions from 
the toluene and xylene truck loading operations to a maximum of 7.8 
tons per year as a 12-month rolling sum. The potential emissions from 
all 13 cooling towers calculates to 38.30 tpy of VOC. CP-23-0001 
requires that they be operated and maintained in a manner consistent 
with good operating and maintenance practices, and that an equipment 
maintenance and repair program be used to minimize and repair program 
to minimize and repair exchanger leaks. CP-23-0001 indicates that the 
Middle Creek wastewater system was an open wastewater conveyance system 
. CP-23-0001 explains that the Company has replaced the open system 
with a closed system. The pre-RACT 1990 baseline emissions were 1,105.2 
tpy. CP-23-0001 establishes RACT for the wastewater conveyance system 
as: (1) use of a bio-treatment unit to control the No. 16 separator 
effluent discharge, (2) enclosing the No. 14 separator flume for 
discharge to the No. 16 separator, and (3) a VOC emissions limit of 
509.4 tons per year. The Middle Creek Abatement Project (MCAP) was 
undertaken to replace the pre-existing wastewater conveyance system 
with enclosed piping to further reduce emissions from this system. The 
project was a result of the Toxicity Characteristics Rule under the 
Resource Conservation and Recovery Act (RCRA) and 40 CFR 61 Subpart FF. 
CP-23-0001 specifies the control devices and the resulting VOC emission 
rates.The VOC emissions are 1, 825.0 lbs/yr (0.9 tpy). With respect to 
the combustion sources, CP-23-0001 limits their total VOC emissions to 
a maximum of 93.1 tons per year as a rolling sum calculated monthly. 
CP-23-0001 contains numerous emissions testing and monitoring 
provisions associated with individual emissions units. In addition, the 
refinery is subject to the recordkeeping requirements specified at 25 
Pa. Code Sec. 129.95.

F. Waste Management Disposal Services of Pennsylvania, Inc.'s GROWS 
Landfill

    Waste Management Disposal Services of Pennsylvania, Inc. owns and 
operates the GROWS Landfill (Waste Management) located in Bucks County, 
Pennsylvania. Waste Management's GROWS landfill is a major source of 
VOC. The landfill's VOC emissions result from materials in the landfill 
decomposing and generating landfill gas which contains VOCs. The 
landfill is subject to the generic provisions of Pennsylvania's RACT 
regulation because of the landfill gas emissions. The PADEP issued OP-
09-0007 to impose RACT. OP-09-0007 specifies that RACT for the landfill 
consists of a system for collecting the landfill gas emissions, the use 
of a pre-treatment system to process the collected gas, and the routing 
of the gas through a pipeline to an off-site source or to a flare. The 
permit specifies that gas is to be sent to off-site sources at all 
times except during periods of start-up, shakedown, scheduled 
maintenance, testing, or malfunction in the gas transfer or pre-
treatment system, or when unavoidable due to circumstances beyond the 
control of permitee. The off-site sources burn the gas as a fuel. 
During situations when the gas cannot be sent to an off-site source, 
the gas is required to be burned in a back-up flare. OP-09-0007 
requires the flare to have a minimum destruction and removal efficiency 
for VOC of 98% (by weight), or the VOC concentration in the exhaust gas 
to be less than 20 ppmv (dry basis as hexane at 3% oxygen), whichever 
is less stringent. In addition, OP-09-0007 requires the flare to be 
operated within a temperature range of 1550 to 1700 degrees F. OP-09-
0007 also requires the flare to be operated no more than 4,380 hours 
per year and to be used to burn a maximum of 5,000 scfm of landfill 
gas. OP-09-0007 requires that the landfill gas collection system be 
capable of handling the maximum expected gas flow rate from the entire 
area of the landfill. In addition, OP-09-0007 requires that the gas 
collection system be designed to minimize off-site migration of the 
subsurface gas. Further, OP-09-0007 requires that the collection 
efficiency of

[[Page 47082]]

the gas management system for the final design of the landfill at 
closure shall be not less than a minimum of 90%. It should be noted 
that OP-09-0007 also imposes the applicable landfill requirements 
specified in EPA's ``Emission Guidelines and Compliance Times for 
Municipal Solid Waste Landfills,'' which is found at 40 CFR 60, Subpart 
Cc. OP-09-0007 requires the Company to comply with the reporting 
requirements referenced in 40 CFR 60, Subpart Cc, unless alternative 
requirements are approved pursuant to the provisions of that Subpart. 
In addition, the landfill is subject to the recordkeeping requirements 
specified at 25 Pa. Code Sec. 129.95.

G. Waste Resource Energy, Inc. (Operator) and Shawmut Bank, Conn. 
National Assoc. (Owner)--Delaware County Resource Recovery Facility

    Waste Resource Energy, Inc. operates, and Shawmut Bank, Conn. 
National Associates owns, the Delaware County Resource Recovery 
Facility (the facility) located in Chester, Delaware County, 
Pennsylvania. The facility burns municipal waste in six combustors 
(incinerators), and uses the resulting heat to produce steam which 
drives turbine-generators which produce electricity. The facility is a 
major NOX and VOC emitting facility. The facility is 
equipped with six Westinghouse-O'Connor municipal waste combustors 
(incinerators), which are subject to the generic provisions of 
Pennsylvania's RACT regulation. Each of the combustors is capable of 
burning 448 tons of municipal waste per day and each has a heat input 
rating of 194 x 10\6\ Btu per hour. The PADEP issued OP-23-0004 to 
impose RACT. OP-23-0004 requires the facility to meet NOX 
emissions limits for each combustor (expressed as NO2) of 
180 ppmv on a 24-hour daily average, 88.56 pounds per hour corrected to 
7% O2 on a dry basis, and 0.42 lbs/MMBtu. OP-23-0004 
specifies that these requirements apply at all times when municipal 
waste is being combusted, except during periods of start-up and 
shutdown, provided that the duration of start-up or shutdown shall not 
exceed three hours per occurrence. OP-23-0004 requires the entire 
facility to meet a VOC RACT emissions limit of 50 tons per year, and 
requires the facility's combustors to meet a VOC emissions limit, 
expressed as total hydrocarbons, of 37.6 lbs/hr as a total emissions 
rate for the six combustors. OP-23-0004 requires NOX 
emissions to be monitored by the use of CEMS. In addition, OP-23-0004 
requires stack tests for NOX and VOC to be done every 12 
months. The permit also requires records to be kept of all air 
pollution control system evaluations, of calibration checks, and of 
adjustments and maintenance performed on all equipment subject to the 
permit's requirements.

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

    EPA is approving Pennsylvania's RACT SIP submittals because PADEP 
established and imposed these RACT requirements in accordance with the 
criteria set forth in its SIP-approved RACT regulations applicable to 
these sources. The Commonwealth has also imposed recordkeeping, 
monitoring, and testing requirements on these 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 seven major of sources located in the Philadelphia area. EPA 
is publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on October 26, 2001, without further notice 
unless EPA receives adverse comment by October 11, 2001. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if adverse comment is received for a 
specific source or subset of sources covered by an amendment, section 
or paragraph of this rule, only that amendment, section , or paragraph 
for that source or subset of sources will be withdrawn.

V. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.'' See 66 FR 28355, May 22, 2001. This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and

[[Page 47083]]

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 seven 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 13, 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 
seven 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)(179) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (179) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and/or NOX RACT for seven sources located 
in the Philadelphia-Wilmington-Trenton ozone nonattainment area 
submitted by the Pennsylvania Department of Environmental Protection on 
August 1, 1995, February 2, 1999, July 27, 2001, and August 8, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals, 
operating permits, or compliance permits on the following dates:
    August 1, 1995, February 2, 1999, July 27, 2001, and August 8, 
2001.
    (B) Operating permits (OP), or Compliance Permits (CP) issued to 
the following sources:
    (1) PECO Energy Company, Cromby Generating Station, OP-15-0019, 
effective April 28, 1995.
    (2) Waste Resource Energy, Inc. (Operator); Shawmut Bank, Conn. 
National Assoc. (Owner); Delaware County Resource Recovery Facility, 
OP-23-0004, effective November 16, 1995.
    (3) G-Seven, Ltd., OP-46-0078, effective April 20, 1999.
    (4) Leonard Kunkin Associates, OP-09-0073, effective June 25, 2001.
    (5) Kimberly-Clark Corporation, OP-23-0014A, effective June 24, 
1998 as revised August 1, 2001.
    (6) Sunoco, Inc. (R&M); Marcus Hook Plant; CP-23-0001, effective 
June 8, 1995 as revised August 2, 2001, except for the expiration date.
    (7) Waste Management Disposal Services of Pennsylvania, Inc. (GROWS 
Landfill), Operating Permit OP-09-0007, effective December 19, 1997 as 
revised July 17, 2001.
    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(179)(i)(B) of 
this section.

[FR Doc. 01-22615 Filed 9-10-01; 8:45 am]
BILLING CODE 6560-50-U