[Federal Register Volume 67, Number 123 (Wednesday, June 26, 2002)]
[Rules and Regulations]
[Pages 43002-43004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA183-4195a; FRL-7230-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Hershey 
Chocolate USA and Pennsylvania Power Company

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 Hershey Chocolate USA and the 
Pennsylvania Power Company, New Castle Plant. Hershey Chocolate USA is 
located in Dauphin County, Pennsylvania and is a major source of 
nitrogen oxides (NOX). The Pennsylvania Power Company's New 
Castle Plant is located in Lawrence County, Pennsylvania and is a major 
source of volatile organic compounds (VOC) and NOX. 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 August 26, 2002, without further 
notice, unless EPA receives adverse written comment by July 26, 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: Janice Lewis at (215) 814-2185 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 Revisions

    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 two 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.
    (1) Hershey Chocolate USA (Hershey) is a chocolate candy and 
confectionery manufacturing facility. This facility is located in 
Dauphin County, Pennsylvania and is a major 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 22-02004A to EPA as a SIP revision. This permit 
requires Hershey to ensure that all combustion units subject to 
monitoring, recordkeeping and reporting requirements comply with RACT. 
In

[[Page 43003]]

addition, all facility units must be operated and maintained in a 
manner consistent with good operating and management practices. 
Operating Permit No. OP 22-02004A also requires Hershey NOX 
emissions limit of 100 tons per year. NOX emissions from 
Hershey's Boilers Nos. 5 and 7 shall not exceed 0.54 lb/mmBtu when 
firing natural gas and 0.45 lb/mmBtu when firing No. 6 fuel oil. 
Combined NOX emissions from Boilers Nos. 5 and 7 shall not 
exceed 14 tons per consecutive 12 month period. This limit represents 
an annual capacity factor of less than two percent which satisfies the 
presumptive RACT requirements specified under 25 PA Code section 129.93 
(c)(5) of the SIP. NOX emissions from Boilers Nos. 2 and 3 
shall not exceed 0.04 lb/mmBtu when firing natural gas and 0.40 lb/
mmBtu when firing No. 6 fuel oil. These emission rates must be verified 
annually by stack testing or other means approved by PADEP. Records 
must be maintained in accordance with 25 Pa Code, section 129.95 
requirements.
    (2) Pennsylvania Power Company (PPC), New Castle Plant, is a 
utility facility. This facility is located in Lawrence County, 
Pennsylvania and is a major VOC and NOX emitting facility. 
There are several large combustion units at this facility, and they 
include five medium bituminous coal-fired steam electric generating 
units and two oil-fired diesel generators. RACT has been established 
and imposed by PADEP in an operating permit issued by the state. On 
December 21, 2001, PADEP submitted Operating Permit No. OP 37-0023 to 
EPA as a SIP revision. This permit requires that NOX emission rates for 
PPC Boilers Nos. 3, 4 and 5 shall not exceed 0.50 lb/mmBtu on a 30-day 
rolling average. The NOX emission rates for PPC Boilers Nos. 
1 and 2 shall not exceed 0.50 lb/mmBtu on an annual basis. PPC's 
Electron Diesel units A and B shall have an annual capacity factor for 
each diesel unit at less than 5 percent as required under 25 PA Code 
section 129.93 (c)(5) of the SIP. All combustion units are subject to 
monitoring, recordkeeping and reporting requirements, and must comply 
with RACT. PPC must maintain all records in accordance with the 
recordkeeping requirements of 25 PA Code section 129.95. All units must 
be operated and maintained in a manner consistent with good air 
pollution control practices and manufacturer's specifications as 
identified in PPC's operating permit. 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 these SIP submittals 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 
recordkeeping, monitoring, and testing requirements on these sources 
sufficient to determine compliance with these requirements.

IV. Final Action

    EPA is approving revisions to the Commonwealth of Pennsylvania's 
SIP which establishes and requires RACT for Hershey Chocolate USA 
located in Dauphin County, Pennsylvania and Pennsylvania Power 
Company's New Castle Plant, located in Lawrence 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'' 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 August 26, 2002, without further notice 
unless we receive adverse comment by July 26, 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. Please note that if EPA receives adverse comment for a specific 
source or subset of sources covered by an amendment, paragraph, or 
section of this rule, only that amendment, paragraph, or section of 
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'' (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 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

[[Page 43004]]

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 Hershey Chocolate USA and Pennsylvania Power 
Company, New Castle Plant.

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 August 26, 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 
Hershey Chocolate USA and Pennsylvania Power Company, New Castle Plant, 
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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: June 3, 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)(194) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (194) 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) :
    (1) Hershey Chocolate USA, Dauphin County, 22-02004A, effective 
January 24, 2000.
    (2) Pennsylvania Power Company, Lawrence County, New Castle Plant, 
OP 37-0023, effective April 8, 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)(194)(i)(B) of 
this section.

[FR Doc. 02-16036 Filed 6-25-02; 8:45 am]
BILLING CODE 6560-50-P