[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Rules and Regulations]
[Pages 62389-62392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA135-4101a; FRL-7389-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County's Generic VOC and NOX RACT 
Regulation and Revised Definitions

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 
Pennsylvania State Implementation Plan (SIP) submitted by the 
Commonwealth of Pennsylvania on behalf of the Allegheny County Health 
Department, Bureau of Environmental Quality, Division of Air Quality 
(hereafter the ACHD). These revisions consist of a generic regulation 
which requires major sources of volatile organic compounds (VOC) and 
nitrogen oxides (NOX) to implement reasonably available 
control technology (RACT) and related changes to the definitions of the 
terms ``major source'' and ``potential emissions'' and ``low 
NOX burner with separate overfire air.'' This generic RACT 
regulation applies to major sources not otherwise subject to RACT 
pursuant to other ACHD regulations. These sources are located in 
Allegheny County. EPA is approving this revision to the SIP in 
accordance with the Clean Air Act (CAA).

DATES: This final rule is effective on November 21, 2002 without 
further notice, unless EPA receives adverse comments by November 6, 
2002. If adverse comments are received, EPA 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 and Information Services Branch, 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 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, PO Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105; Allegheny County Health Department, Bureau of Environmental 
Quality, Division of Air Quality, 301 39th Street, Pittsburgh, 
Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 814-2185, at 
the EPA Region III address above, or via e-mail at 
[email protected]. While information may be requested via e-mail, 
any comments must be submitted in writing to the EPA Region III address 
above. 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

    On October 30, 1998, the Pennsylvania Department of Environmental 
Protection (PADEP), submitted on behalf of Allegheny County Health 
Department (ACHD) a formal revision to the State Implementation Plan 
(SIP) for the control of VOC and NOX emissions from major 
sources. This revision included amendments to the definitions of the 
terms major source, potential emissions, and low NOX burner 
with separate overair. This revision consists of new reasonably 
available control technology (RACT) regulations which would require 
sources that emit or have the

[[Page 62390]]

potential to emit 50 tons per year (tpy) or more of VOC or 100 tpy or 
more of NOX in Allegheny County to comply with RACT 
requirements by May 31, 1995.
    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), major sources of VOC & NOX located in Allegheny 
County were required to implement RACT by no later than May 31, 1995. 
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). At the time of the SIP revision submittal, Allegheny County was 
classified as a moderate ozone nonattainment area. On October 19, 2001 
(66 FR 53094), the Pittsburgh-Beaver Valley Ozone Area, which includes 
Allegheny County, was redesignated to attainment. The SIP submittal 
which is the subject of this rulemaking consists of Allegheny County's; 
Article XXI; Section 2105.06--Major Sources of NOX and VOC 
Compounds and revisions to Section 2101.20 which amends definitions of 
the terms Major Source, Potential Emissions and Low NOX 
Burner with Separate Overfire Air.

II. Summary of SIP Revisions

A. Section 2105.06--Major Sources of Nitrogen Oxides (NOX) 
and Volatile Organic Compounds (VOC)

    Allegheny County's Article XXI, Section 2105.06 requires major 
sources of VOCs and NOX for which no applicable emission 
limitations have been established, to identify their emissions, propose 
RACT, and to complete implementation of RACT by May 31, 1995. 
Subsequently, PADEP will submit for ACHD each source-specific RACT 
determination to EPA for approval as a SIP revision.

B. Section 2105.06(d) Presumptive RACT Requirements for Certain 
NOX Sources

    Section 2105.06(d) provides certain major NOX sources 
with an alternative to case-by-case RACT determinations. This section 
specifies that presumptive RACT for coal-fired combustion units with a 
rated heat input equal to or greater than 100 million British Thermal 
Units per hour (mmBTU/hr) is the installation of low NOX 
burners with separate overfired air. For units with a rated heat input 
between 20 mmBTUs/hr and 50 mmBTUs/hr presumptive RACT is an annual 
adjustment or tune-up of the combustion process to include at a 
minimum; Inspection, adjustment, cleaning, or replacement of fuel-
burning equipment, including the burners and moving parts necessary for 
proper operation as specified by the manufacturer; inspection of the 
flame pattern or characteristics and adjustments necessary to minimize 
total emissions of NOX, and to the extent practicable 
minimize emissions of CO; and inspection of the air-to-fuel ration 
control system and adjustments necessary to ensure proper calibration 
and operation as specified by the manufacturer. For all combustion 
units with a rated heat input equal to or greater than 20 mmBTU/hr and 
less than 50 mmBTU/hr, presumptive RACT is to record each adjustment in 
a permanently bound log book, or other methods approved by ACHD, which 
contains, at a minimum: The date of the adjustment procedure, the name 
of the service company and technicians, the operating rate or load 
after adjustment, the CO and NOX emission rates after 
adjustment, the excess oxygen rate after adjustment, and other 
information required by the applicable operating permit.
    For the following source types, presumptive RACT is the 
installation, maintenance, and operation of the source in accordance 
with manufacturer's specifications: (1) Boilers and other combustion 
sources with individual rated gross heat inputs less than 20mmBTUs/hr 
of operation; (2) combustion turbines with individual heat input rates 
less than 25mmBTU/hr which are used for natural gas distribution; (3) 
internal combustion engines rated at less than 50 brake horsepower 
(bhp) gross which are set and maintaining 4 degree retarded timing 
relative to standard timing; (4) incinerators or thermal/catalytic 
oxidizers used primarily for air pollution control; (5) any fuel-
burning equipment, gas turbine, or internal combustion engine with an 
annual capacity factor of less than 5 percent, or an emergency standby 
engine operating less than 500 hours in a consecutive 12-month period; 
(6) sources which have been approved as meeting the Lowest Available 
Emission Rate (LAER) for NOX emissions since November 15, 
1990, with federally enforceable emission limitations; and (7) sources 
which have been approved as meeting the Best Available Control 
Technology (BACT) for NOX emissions since November 15, 1990, 
with federally enforceable emissions limitations, also these sources 
must still meet any applicable, more stringent category-wide RACT 
requirements.

C. Section 2105.06(e) NOX RACT Emission Averaging General 
Requirements

    Section 2105.06(e) permits major NOX sources to submit a 
RACT proposal that includes averaging of emissions at two or more 
facilities provided several conditions are met and the proposal is 
approved by EPA as a revision to the Pennsylvania SIP for Allegheny 
County. Among other conditions, the averaging scheme must require 
emission caps and enforceable emission rates at each participating 
source, telemetry links between the participating sources, and an up-
front agreement that a violation at one of the participating sources is 
considered a violations at all of the participating sources.

D. Section 2105.06(f) Presumptive RACT Requirements for Certain VOC 
Sources

    Section 2105.06(f) provides that RACT for VOC sources is the 
installation, maintenance, and operation of the source in accordance 
with the manufacturer's specifications. VOC sources that have been 
approved as meeting BACT and/or LAER since November 15, 1990, must also 
meet more stringent category-wide RACT emission limitations.

E. Section 2105.06(g) Recordkeeping

    The recordkeeping provisions apply to all VOC and NOX 
sources in Allegheny County. This section clearly requires that records 
be kept for a period of at least 2 years and that such records must 
provide sufficient data and calculations to demonstrate compliance with 
the applicable RACT requirements. This section also requires that 
sources of VOC and NOX that claim exemptions from RACT 
maintain records that clearly demonstrate their exempt status.

F. Section 2101.20 Definition for Major Source, Potential Emissions and 
Low NOX Burner With Separate Overfire Air

    1. Major Source--The October 30, 1996 submittal amends the 
definitions of the terms Major Source, Potential Emissions and Low 
NOX Burner with Separate Overfire Air found in Section 
2101.20. Allegheny County defines the term Major Source as any 
stationary source, or any group of stationary sources, that is located 
on one or more contiguous or adjacent properties, is under common 
control of the same person (or persons under common control), belongs 
to a single major industrial grouping, and is described as follows: For 
ozone nonattainment areas, sources with the potential to emit 100 tpy 
or more of VOC or NOX in areas classified as ``marginal'' or 
``moderate,'' 50 tpy or more in areas classified as

[[Page 62391]]

``serious,'' 25 tpy or more in areas classified as ``severe,'' and ten 
(10) tpy or more in areas classified as ``extreme''; except that the 
references in this paragraph to 100, 50, 25, and ten (10) tpy of 
nitrogen oxides shall not apply with respect to any source of which the 
Administrator has made a finding, under Section 182 (f)(1) or (2) of 
the Clean Air Act, that requirements under Subsection 182(f) of the Act 
do not apply; for ozone transport regions established pursuant to 
Section 184 of the Clean Air Act, sources with the potential to emit 50 
tpy or more of VOCs. The definition of a major source conforms to EPA's 
definition. For the purposes of defining ``major source,'' a stationary 
source or group of stationary sources shall be considered part of a 
single industrial grouping if all of the pollutant emitting activities 
at such source or group of sources on contiguous or adjacent properties 
belong to the same Major Group (i.e., all have the same two-digit code) 
as described in the most recent Standard Industrial Classification 
Manual.
    2. Potential Emissions--Allegheny County defines the term Potential 
Emissions as the maximum capability of a source to emit air 
contaminants, including fugitive emissions, under the physical and 
operational design of the source. Any physical or operational 
limitation on the capability to emit air contaminants, including air 
pollution control equipment and techniques and permit conditions 
limiting the operating rate, hours of operation, or fuels or raw 
materials used, shall be treated as part of the design of the source to 
the extent such limitation, or its effect on emissions, is federally 
enforceable under the provisions of the Clean Air Act.
    3. Low NOX Burner with Separate Overfire Air--Allegheny 
County defines this term as a burner design capable of reducing the 
formation of oxides of nitrogen (NOX) emissions through 
substoichiometric combustion of fuel by means of a burner assembly 
consisting of two or more stages and the addition of secondary 
combustion air introduced downstream of the burner location.

III. EPA's Analysis of the SIP Revisions for Allegheny County

    On October 16, 2001 (66 FR 52506), EPA fully approved the 
Commonwealth of Pennsylvania's Generic VOC and NOX RACT 
regulations as they apply in the Pittsburgh-Beaver Valley Ozone area, 
including Allegheny County. All of the source specific RACT 
determinations for major sources of NOX and VOC located in 
Allegheny County have already been issued by ACHD, submitted to EPA by 
PADEP, and approved by EPA as SIP revisions. In accordance with the EPA 
policy memorandum for ``Approval Options for Generic RACT Rules 
Submitted to Meet the non-CTG VOC RACT Requirement and Certain 
NOX RACT Requirements'' dated November 7, 1996, Allegheny 
County's generic RACT regulation is fully approvable because all of the 
source-specific RACT determinations have already been submitted and 
approved as SIP revisions, and there are no remaining unregulated 
sources. EPA has also determined that Allegheny County's regulation is 
consistent with Pennsylvania's generic VOC and NOX RACT 
regulations which were fully approved for the Pittsburgh-Beaver Valley 
Ozone area, including Allegheny County, on October 16, 2001 (66 FR 
52506).

IV. Final Action

    EPA is granting full approval of Allegheny County's Generic VOC and 
NOX RACT regulations, Article XXI, Section 2105.06--Major 
Sources of NOX and VOC Compounds and revisions to Section 
2101.20--Definitions for the terms Major Source, Potential Emissions 
and Low NOX Burner with Separate Overfire Air, as revisions 
to the Pennsylvania SIP.
    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 November 21, 2002 without further 
notice unless EPA receives adverse comment by November 6, 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 on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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

[[Page 62392]]

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. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

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 December 6, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule to 
approve and revise certain definitions ofAllegheny County's Generic VOC 
and NOX RACT regulations do 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 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, Volatile organic compounds.

    Dated: September 24, 2002.
James M. Newsom,
Acting Regional Administrator, Region III.

    Chapter I, title 40, of the Code of Federal Regulations 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)(157) to read 
as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (157) Approval of revisions to the Allegheny County Regulations, 
Article XXI pertaining to Major Sources of Nitrogen Oxides and Volatile 
Organic Compounds and Definitions for Major Source, Potential Emissions 
and Low NOX burner with separate overfire air submitted on 
October 30, 1998, by the Pennsylvania Department of Environmental 
Protection on behalf of Allegheny County Health Department:
    (i) Incorporation by reference.
    (A) The letter dated October 30, 1998, from the Pennsylvania 
Department of Environmental Protection transmitting Allegheny County's 
Generic VOC and NOX RACT regulations, Appendix 33; Article 
XXI, Section 2105.06--Major Sources of Nitrogen Oxides and Volatile 
Organic Compounds and Section 2101.20--Definition for Major Source, 
Potential Emissions and Low NOX Burner with Separate 
Overfire Air.
    (B) Additions of the following Article XXI definitions and 
regulations, effective October 20, 1995:
    (1) Regulation 2101.20--definitions of ``major source'' 
(introductory paragraph, paragraphs (d) and (e) and closing paragraph; 
only), ``potential emissions'' and ``low NOX burner with 
separate overfire air.''
    (2) Regulation 2105.06--Major Sources of Nitrogen Oxides and 
Volatile Organic Compounds.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(157)(i) of this 
section.

[FR Doc. 02-25285 Filed 10-4-02; 8:45 am]
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