[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Rules and Regulations]
[Pages 36108-36109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12837]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA183-4192a; FRL-7211-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Bethlehem 
Steel Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The 
revision was submitted by the Pennsylvania Department of Environmental 
Protection (PADEP) to establish and require reasonably available 
control technology (RACT) for Bethlehem Steel Corporation. Bethlehem 
Steel Corporation is a major source of volatile organic compounds (VOC) 
and nitrogen oxides (NOX) located in Dauphin County, 
Pennsylvania. EPA is approving this revision to establish RACT 
requirements in the SIP in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on July 22, 2002 without further notice, 
unless EPA receives adverse written comment by June 24, 2002. 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, Branch 
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: Rose Quinto at (215) 814-2182 or Betty 
Harris at (215) 814-2168 or via e-mail at [email protected] or 
[email protected]. Please note that while questions may be posed via 
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.

II. Summary of the SIP Revision

    On December 21, 2001, PADEP submitted formal revisions to its SIP 
to establish and impose RACT for several major sources of VOC and 
NOX. This rulemaking pertains to one of those sources. The 
other sources are the subject of separate rulemaking actions. The RACT 
determinations and requirements are included in plan approvals or 
operating permits issued by PADEP.
    Bethlehem Steel Corporation (BSC) manufactures steel materials. 
This facility is located in Dauphin County, Pennsylvania and is 
considered a major VOC and NOX emitting facility. In this 
instance, RACT has been established and imposed by PADEP in an 
operating permit. On December 21, 2001, PADEP submitted operating 
permit No. OP 22-02012 to EPA as a SIP revision. This permit requires 
BSC sources and any associated air cleaning devices to be operated and 
maintained in a manner consistent with good operating and management 
practices. This permit also contains a facility-wide NOX 
emission limit of 1,206 tons per year based on a 12-month rolling 
total, and includes NOX emissions generated by BSC's steel 
production sources, combustion units of rated capacity greater than 50 
million British Thermal Units per hour (mmbtu/hr), and combustion 
sources of rated capacity between 20-50 mmbtu/hr. Additionally, VOC 
emissions from this facility shall not exceed 210 tons per year based 
on a 12-month rolling total. The annual capacities of BSC's Boilers 2 
and 5; 20-inch Mill Reheat Furnace; 35-inch Mill Reheat Furnaces 3 and 
4; and Soaking Pit Batteries 1 through 6, shall not exceed the 
aforementioned facility-wide VOC emission limit. This permit also 
requires BSC to perform stack testing in accordance with 25 Pa Code 
Chapter 139 and approved by PADEP. BSC must comply with the 
recordkeeping requirements of 25 Pa Code, section 129.95, and shall 
consist of records pertaining to fuel usage, steel production 
throughput, and operating hours for NOX sources. For the VOC 
sources, BSC shall maintain records pertaining to operating hours and 
usage of coatings, isopropylene, quench oil, and safety kleen. These 
records shall be retained for two years, and made available to PADEP 
upon request.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving this SIP submittal because the Commonwealth 
established and imposed requirements in accordance with the criteria 
set forth in SIP-approved regulations for imposing RACT or for limiting 
a source's potential to emit. The Commonwealth has also imposed record-
keeping, monitoring, and testing requirements on these sources 
sufficient to determine compliance with these requirements.

IV. Final Action

    EPA is approving a revision to the Commonwealth of Pennsylvania's 
SIP which establishes and requires RACT for Bethlehem Steel Corporation 
located in Dauphin County, Pennsylvania. EPA is publishing this rule 
without prior proposal because we view this as a noncontroversial 
amendment and anticipate no adverse comment. However, in the ``Proposed 
Rules''

[[Page 36109]]

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 direct final rule will be effective on 
July 22, 2002 without further notice unless we receive adverse comment 
by June 24, 2002. 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.

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'' (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 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will 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). 
This action also does not have Federalism implications because it does 
not 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). 
This action 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 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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. 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 Bethlehem Steel Corporation.

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 July 22, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action.
    This action approving the Commonwealth's source-specific RACT 
requirements to control VOC and NOX from Bethlehem Steel 
Corporation 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: May 8, 2002.
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)(191) to read 
as follows:


 52.2020  Identification of plan.

* * * * *
    (c) *-*-*
    (191) Revisions pertaining to VOC and NOX RACT 
determinations for a major source submitted by the Pennsylvania 
Department of Environmental Protection on December 21, 2001.
    (i) Incorporation by reference.
    (A) A letter submitted on December 21, 2001 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and NOX RACT determinations.
    (B) Operating permit (OP) for Bethlehem Steel Corporation, Dauphin 
County, 22-02012, effective April 9, 1999.
    (ii) Additional material. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(191)(i)(B) of 
this section.

[FR Doc. 02-12837 Filed 5-22-02; 8:45 am]
BILLING CODE 6560-50-P