[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Rules and Regulations]
[Pages 14154-14156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6816]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA188-4204a; FRL-7465-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determinations for PPG Industries, Inc.

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 PPG Industries, Inc. (PPG). PPG 
is a major source of nitrogen oxides (NOX) located in 
Greenwood Township, Crawford County, Pennsylvania. EPA is approving 
these revisions to establish NOX RACT requirements in the 
SIP in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on May 23, 2003, without further notice, 
unless EPA receives adverse written comment by April 23, 2003. 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 Makeba Morris, Acting 
Branch 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, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the CAA, the 
Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is 
required to establish and implement RACT for all major volatile organic 
compound (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 SIP Revision

    On October 30, 2002, PADEP submitted a formal revision to its SIP 
to establish and impose case-by-case RACT for three major sources of 
VOC and NOX. This rulemaking pertains to one of those 
sources. The other sources are subject to separate rulemaking actions. 
The RACT determinations and requirements are included in the operating 
permit issued by PADEP. PPG is a facility that produces flat glass 
using float bath technology. PPG is located in Greenwood Township, 
Crawford

[[Page 14155]]

County, Pennsylvania, and is considered a major source of 
NOX. In this instance, RACT has been established and imposed 
by PADEP in an operating permit. On October 30, 2002, PADEP submitted 
operating permit No. OP 20-145 to EPA as a SIP revision. This permit 
contains NOX emission limits of 26.75 lbs. NOX 
per ton per furnace of glass produced from two glass melting furnaces 
that are fueled by natural gas; No. 1 and No. 2. To show compliance 
with NOX RACT emission limits, stack testing of No. 1 and 
No. 2 glass melting furnaces shall take place on an annual basis, to 
commence during the period from May 1 through October 31 (first test in 
1995). Stack testing shall be performed in accordance with 25 Pa. Code 
Chapter 139 for NOX emission testing of stationary sources. 
Operating conditions at the time of stack testing of No. 1 and No. 2 
glass melting furnaces shall be set as standard operating conditions. 
If, after three consecutive annual tests, compliance with RACT emission 
limits is shown in a consistent manner, testing frequency may be 
altered as determined by PADEP. At least 30 days prior to stack 
testing, a pretest protocol shall be submitted to PADEP. The protocol 
shall include sampling port locations, specifications of test methods, 
procedures and equipment, and additional applicable information 
regarding planned testing protocol. In addition, at least two weeks 
prior to the test, PADEP shall be informed of the date and time of 
testing. Within 60 days after testing, two copies of the complete test 
report shall be submitted, including a furnace pull rate, oxygen 
concentrations in the upper regenerator chambers, a comparison of glass 
produced during the stack test versus the design product mix, and other 
parameters which may be monitored for NOX emission 
optimization. Low excess air operations of No. 1 and No. 2 glass 
melting furnaces shall be implemented in accordance with 25 Pa. Code 
section 129.91. The permit also contains presumptive RACT requirements 
as defined in 25 Pa. Code section 129.93 and specified units shall be 
operated in such a manner as not to cause air pollution. The permit 
specifies: (1) Boilers Nos. 1, 2, and 3 shall comply with section 
129.93 (b)(2-5); (2) Boiler No. 4 shall comply with section 
129.93(c)(1); (3) Emergency Diesel Generators Nos. 1, and 2, Mill Use 
Water Emergency Pump, Emergency Fire Water Pump, City Water Emergency 
Pump, and the Boiler Room Emergency Generator shall comply with section 
129(c)(5) and also shall not exceed 500 hours of operation on an annual 
basis, individually; and (4) Line 2 Lehr shall comply with section 
129.93(c)(1).
    The permit requires PPG to comply with 25 Pa. Code section 129.95 
for recordkeeping requirements.

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 PPG Industries, Inc. (OP 
20-145) located in Crawford County, Pennsylvania. 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 May 23, 2003, without further notice unless EPA 
receives adverse comment by April 23, 2003. 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. Statutory and Executive Order Reviews

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

[[Page 14156]]

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 PPG Industries, Inc.

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 May 23, 2003. 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 Pennsylvania's source-
specific RACT requirements to control NOX emissions from PPG 
Industries, Inc., in Crawford County, 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: March 5, 2003.
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)(201) to read 
as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (201) Revisions pertaining to NOX RACT determinations 
for a major source submitted by the Pennsylvania Department of 
Environmental Protection on October 30, 2002.
    (i) Incorporation by reference.
    (A) Letter of October 30, 2002 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations.
    (B) Operating permit (OP) for PPG Industries, Inc., Crawford 
County, OP 20-145, effective May 31, 1995.
    (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)(201)(i)(B) of 
this section.

[FR Doc. 03-6816 Filed 3-21-03; 8:45 am]
BILLING CODE 6560-50-P