[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Rules and Regulations]
[Pages 15661-15664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7642]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA183-4198a; FRL-7465-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determinations for Five Individual 
Sources

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 five major sources of nitrogen 
oxides (NOX) located in Pennsylvania. EPA is approving these 
revisions to establish RACT requirements in the SIP in accordance with 
the Clean Air Act (CAA).

DATES: This rule is effective on June 2, 2003, without further notice, 
unless EPA receives adverse written comment by May 1, 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 Walter K. Wilkie, 
Deputy 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: Betty Harris at (215) 814-2168 or Rose 
Quinto at (215) 814-2182 or via e-mail at [email protected] or 
[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 the SIP Revision

    On December 21, 2001, PADEP submitted formal revisions to its SIP 
to establish and impose case-by-case RACT for several major sources of 
VOC and NOX. This rulemaking pertains to five of those 
sources. The other sources are subject to separate rulemaking actions. 
The RACT determinations and requirements are included in plan approvals 
(PA) or operating permits (OP) issued by PADEP.
    The following table identifies the individual plan approval or 
operating permit that EPA is approving for each source.

                          Pennsylvania--NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                                                                        Major
            Source                       County              OP or PA        Source type       source
                                                                                                      pollutant
----------------------------------------------------------------------------------------------------------------
Lafarge Corporation...........  Lehigh..................  OP-39-0011B              Cement Facility.  NOX.
The Peoples Natural Gas         Cambria.................  OP-11-000-356            Natural Gas       NOX.
 Company.                                                                           Reciprocating
                                                                                    Engines.
Horsehead Resource Development  Carbon..................  OP-13-0001               Recycling         NOX.
 Company, Inc.                                                                      Operation.
Williams Generation Company...  Luzerne.................  OP-40-0031A              Natural Gas       NOX.
                                                                                    Turbine.
Pennsylvania Power and Light    Lancaster...............  PA-36-2016               Steam Generating  NOX.
 Company, Holtwood.                                                                 Station.
----------------------------------------------------------------------------------------------------------------

A. Lafarge Corporation

    Lafarge Corporation owns and operates a cement producing company. 
This facility is located in Lehigh County, Pennsylvania and is 
considered 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-39-0011B 
to EPA as a SIP revision. This permit requires Lafarge Corporation and 
any associated air cleaning devices to be operated and maintained in a 
manner consistent with good operating and maintenance practices. This 
permit contains firing rate limitations for the boiler of 37.5 gallons 
per hour of No. 2 oil, and 35.5 gallons per hour of No. 5 oil. The 
facility shall record the amount of the oil fired in the boiler in an 
hourly and yearly basis and submit to PADEP by March 31 of the 
following year. Based on a 30-day rolling average, the permit contains 
NOX emission limits for the operation of the cement kilns 
without burning tires of 297.7 pounds per hour for Kiln No. 2, and 
202.3 pounds per hour for Kiln No. 3. Also based on a 30-day rolling 
average, the

[[Page 15662]]

permit contains NOX emission limits for the operation of the 
cement kilns, while burning tires, of 260.5 pounds per hour for Kiln 
No. 2 and 166.0 pounds per hour for Kiln No. 3. For both Kilns No. 2 
and No. 3, the facility shall operate and maintain NOX 
continuous emission monitors in conformance with 40 CFR Part 60, 25 Pa. 
Code Chapter 139 and PADEP's Continuous Source Monitoring Manual (CEM 
Manual). Monitoring and recording of exhaust gas flow shall be 
conducted. The facility shall maintain records in accordance with the 
recordkeeping requirements of 25 Pa. Code Chapter 129.95 and maintain a 
file containing all records and other data that are required to be 
collected pursuant to the various provisions of this permit. This file 
shall include, but is not limited to the following: all air pollution 
control system performance evaluations and records of calibration 
checks, adjustments and maintenance performed on all equipment which is 
subject to this permit. All measurements, records, and other data 
required to be maintained, shall be retained for at least two years 
following the date on which such measurements, records or other data 
are recorded. All continuous emission monitoring (CEM) reports shall be 
submitted to PADEP within 30 days after each quarter but no later than 
the time frame established in the PADEP's latest CEM Manual. The 
facility shall keep a record of fuel usage and operating hours for each 
generator and maintained for at least two years, and made available to 
PADEP upon request. The generators shall be maintained and operated in 
accordance with the manufacturers' specifications.

B. The Peoples Natural Gas Company

    The Peoples Natural Gas Company (PNG) is a natural gas utility and 
is considered a major NOX emitting facility. PNG owns and 
operates the Rager Mountain/Laurel Ridge Compressor Station Complex 
located in Jackson Township, Cambria County, Pennsylvania. 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-11-000-356 to EPA as a SIP revision. This permit requires 
PNG and any associated air cleaning devices to be operated and 
maintained in a manner consistent with good operating and maintenance 
practices. The permit contains NOX emission limits in pounds 
per hour per unit for three compressor engines of the facility: (1) 
Dresser-Clark--49.8, (2) Cooper-Superior--4.2, and (3) Ingersoll-Rand--
3.0. The permit also contains operational limits for the three 
compressor engines: (1) Dresser-Clark--3 units with combined total 
hours of 7625, (2) Cooper-Superior--2 units with combined total hours 
of 7625, and (3) Ingersoll-Rand--2 units with combines total hours of 
8784. The permit requires PNG to perform stack testing in accordance 
with 25 Pa. Code Chapter 139 regulations and PADEP's Source Testing 
Manual. Two copies of the stack test results shall be supplied to PADEP 
for review within 60 days of completion of testing.

C. Horsehead Resource Development Company, Inc.

    Horsehead Resource Development Company, Inc. (HRD) is a recycling 
operation located in Palmerton, Carbon County, Pennsylvania and is 
considered 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-13-0001 
to EPA as a SIP revision. This permit requires HRD and any associated 
air cleaning devices to be operated and maintained in a manner 
consistent with good operating and maintenance practices. Stack tests 
shall be performed in accordance with Chapter 139 of the Rules and 
Regulations of PADEP to show compliance with the NOX and VOC 
emission rates of each kiln listed in the permit. The stack tests shall 
be performed while operating at the maximum rated capacity. Two copies 
of the complete stack test reports, including all operating conditions, 
shall be submitted to PADEP.

D. Williams Generation Company, Hazleton

    Williams Generation Company--Hazleton is a cogeneration facility 
located in Luzerne, Pennsylvania and is considered a major 
NOX emitting facility. The facility has a natural gas fired 
turbine with a water injection control. 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-40-0031A to EPA as a 
SIP revision. This permit requires Williams Generation Company and any 
associated air cleaning devices to be operated and maintained in a 
manner consistent with good operating and maintenance practices. This 
permit contains NOX emission limits for the facility's 
combustion unit (turbine) of 252.4 allowable pounds per hour at any 
time, established pursuant to the best available control technology 
provision of 25 Pa. Code 127.83 (40 CFR, 52.1(j)(2)). The permit limits 
the facility to 252.4 tons per year of NOX based on a 12 
month rolling average. The facility must cease operation or obtain 
prior approval under applicable regulations if the facility exceeds 
this total annual emissions limit. The facility shall not operate more 
than 2,000 hours per year. This annual limit must be met on a rolling 
monthly basis over every consecutive 12-month period. The facility 
shall maintain the following records: (1) Data which clearly 
demonstrates that the heat input for the turbine never exceeds its 
rated capacity; (2) data which clearly demonstrates that the turbine 
never exceeds the operational limit of 2,000 hours per year on a 12-
month rolling sum; (3) the records shall provide sufficient data to 
clearly demonstrate that the requirements of this operating permit are 
met; and (4) all records shall be maintained for at least two years and 
shall be made available to PADEP upon request. The permit requires the 
facility to install and operate a continuous monitoring system to 
monitor and record the fuel consumption and the water injection rate in 
the turbine. The permit also requires the facility to maintain a file 
containing all records and other data that are required to be collected 
pursuant to the various provisions of this permit and 25 Pa. Code 
Section 129.95, such that records provide sufficient data and 
calculations to clearly demonstrate that the requirements of 25 Pa. 
Code Sections 129.91-4 are met. The file shall include, but is not 
limited to all air pollution control system performance evaluations and 
records of calibration checks, adjustments and maintenance performed on 
all equipment which is subject to this permit. All measurements, 
records and other data required to be maintained by the facility shall 
be retained for at least two years following the date on which such 
measurements, records or data are recorded.

E. Pennsylvania Power & Light Company, Holtwood

    Pennsylvania Power & Light Company (PPL), Holtwood is a steam 
electric station located in Lancaster County, Pennsylvania and is 
considered a major NOX emitting facility. In this instance, 
RACT has been established and imposed by PADEP in a plan approval. On 
December 21, 2001, PADEP submitted plan approval No. PA-36-2016 to EPA 
as a SIP revision. PPL is subject to an interim NOX emission 
limit of 1.4 lb/Mbtu for Boiler 17 imposed in the plan approval. This 
interim limit shall be based on hourly continuous emission monitoring 
data averaged on a 30-day rolling basis. A

[[Page 15663]]

final NOX emission limit will be determined upon evaluation 
of one year's worth of emissions monitoring data. The final 
NOX emission limit will be incorporated into an operating 
permit. Should the final limit in the operating permit differ from the 
interim limit established in the plan approval, the interim limit shall 
remain the applicable Federally enforceable requirement until such time 
as PADEP submits a SIP revision for this facility. The plan approval 
contains a limit of 131,000 gallons on the usage of No. 2 fuel oil in 
Auxiliary Boiler 3 during any consecutive 12-month period. The plan 
approval also contains a limit of 435 hours on the usage of No. 2 Coal 
Dryer during any consecutive 12-month period. The facility shall 
maintain records in accordance with 25 Pa. Code Section 129.95 
requirements.

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 record-
keeping, 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 establish and require RACT for the five major sources of 
NOX listed in this document. 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 June 2, 2003, without further notice unless we receive 
adverse comment by May 1, 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 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 five 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 June 2, 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 Commonwealth's source-specific RACT 
requirements to control NOX from five individual sources may 
not be challenged later in proceedings to

[[Page 15664]]

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.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. Section 52.2020 is amended by adding paragraph (c)(196) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (196) Revisions pertaining to NOX RACT for major sources 
submitted on December 21, 2001.
    (i) Incorporation by reference.
    (A) Letter submitted on December 21, 2001 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations, in the form of plan 
approvals or operating permits.
    (B) Plan approval (PA); Operating permit (OP):
    (1) Lafarge Corporation, Lehigh County, OP-39-0011B, effective May 
19, 1997.
    (2) The Peoples Natural Gas Company, Cambria County, OP-11-000-356, 
effective November 23, 1994.
    (3) Horsehead Resource Development Company, Inc., Carbon County, 
OP-13-0001, effective May 16, 1995.
    (4) Williams Generation Company, Hazleton, Luzerne County, OP-40-
0031A, effective March 10, 2000.
    (5) Pennsylvania Power and Light Company, Holtwood Steam Electric 
Station, Lancaster County, PA-36-2016, effective May 25, 1995.
    (ii) Additional Material.
    (A) Letter of October 15, 2002 from the Pennsylvania Department of 
Environmental Protection to EPA transmitting materials related to the 
RACT permits listed in paragraph (c)(196)(i) of this section.
    (B) Other materials submitted by the Commonwealth of Pennsylvania 
in support of and pertaining to the RACT determinations for the sources 
listed in paragraph (c)(196)(i) of this section.

[FR Doc. 03-7642 Filed 3-31-03; 8:45 am]
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