[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Rules and Regulations]
[Pages 23404-23407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA183-4203a; FRL-7480-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Three 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 SIP 
revisions were submitted by the Pennsylvania Department of 
Environmental Protection (PADEP) to establish and require reasonably 
available control technology (RACT) for three major sources of volatile 
organic compounds (VOC) and 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 July 1, 2003, without further notice, 
unless EPA receives adverse written comment by June 2, 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 & 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, 1301 
Constitution Avenue, NW., Room B108, 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 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 three 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 identifies the individual plan approval or operating 
permit that EPA is approving for each source.

[[Page 23405]]

A. Bethlehem Structural Products Corporation

    Bethlehem Structural Products Corporation (BSPC) is a coke and coal 
chemical production facility located in Northampton 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-48-0013 to EPA as a SIP revision. This permit 
requires BSPC sources and any associated air cleaning devices to be 
operated and maintained in a manner consistent with good operating and 
maintenance practices. This permit contains the following 
NOX emission limits: (a) Battery ``A'' combustion stack--
0.71 lb./MMBTU heat input for a 30-day rolling average; (b) Battery 
``2A'' combustion stack--0.24 lb./MMBTU heat input for a 30-day rolling 
average; (c) Desulfurizer--4.25 tons per year; (d) Coke bleeders 
(operations)--0.85 tons per day; and (e) Coke Plant Boilerhouse--Boiler 
Nos. 1, 2, 3 and 4--0.25 lb./MMBTU heat input (daily average). This 
permit also contains VOC emission limits for the coke side from Battery 
``A'' that shall not exceed 438 tons per year.
    This permit contains testing requirements for the following: (a) 
Source tests for NOX for the boiler house, Battery ``A'' 
combustion stack and for Battery ``2A'' (each of under fire stacks 2 
and 3) shall be conducted in accordance with 25 Pa. Code Chapter 139 as 
per PADEP's source testing procedures described in the latest Source 
Testing Manual or source testing procedure approved by PADEP prior to 
testing. Compliance shall be based on average of these consecutive 
source tests and the source tests are to be conducted on an annual 
basis; (b) At least 60 days prior to the tests, pre-test protocol shall 
be submitted to PADEP for approval; and (c) Within 60 days of 
completion of the tests, two copies of the complete test reports, 
including all operating conditions shall be submitted to PADEP for 
approval.
    The permit also contains requirements for the coke and chemical 
production sources:
    (1) Battery ``A'' and ``2A'' Under fire--The NOX RACT 
shall be the operation and maintenance of low excess air technology, by 
minimizing fuel use and maintaining the best air-to-fuel ratio that 
satisfies the process. The company shall maintain records in accordance 
with the record keeping requirements of 25 Pa. Code section 129.95 and 
shall include as a minimum, data which clearly demonstrate that the 
NOX emission limits are met. All records shall be maintained 
for at least two years and made available to PADEP upon request.
    (2) Desulfurizer--NOX and VOC RACT for the desulfurizer 
operation, specifically the tail-gas incinerator of the desulfurizer, 
shall be the operation and maintenance of the source according to the 
manufacturers specifications. The facility shall not be less than 
22,000,000 SCFD of the minimum daily amount of coke oven gas entering 
the oven gas desulfurizer unit and shall not exceed 70,000,000 SCFD of 
the maximum daily amount of coke oven gas entering the coke oven gas 
desulfurizer unit. The facility shall record the daily amount of coke 
oven gas produced by the coke oven batteries and those records be 
maintained for a period of two years and made available to PADEP upon 
request. Within 14 days of the completion of the annual desulfurizer 
plant outage for the boiler inspection and plant maintenance, the 
facility shall submit a written notification to PADEP giving the 
details of the maintenance work performed on the plant, and the dates 
of the outage. The facility shall maintain records in accordance with 
the recordkeeping requirements of 25 Pa. Code section 129.95 and shall 
include as a minimum, data which clearly demonstrate that the 
NOX emission limits are met. All records shall be maintained 
for a period of at least two years and made available to PADEP upon 
request.
    (3) Coke Bleeders--The NOX RACT for the Coke Bleeders 
shall be the operation and maintenance of the sources according to the 
current operating practice. The facility shall maintain records in 
accordance with the recordkeeping requirements of 25 Pa. Code section 
129.95 and shall include as a minimum, data which clearly demonstrate 
that the NOX emission limits are met. All records shall be 
maintained for a period of at least two years and made available to 
PADEP upon request.
    (4) Coke Plant Boiler house--Boiler Nos. 1, 2 and 3 can be fired by 
a combination of tar derivatives, used oil, and No. 6 fuel oil; a 
combination of tar and grease derived fuel oil; and a combination of 
desulfurized coke oven gas and natural gas. Boiler No. 4 can be fired 
by a combination of No. 6 fuel oil, tar derivatives and used oil or a 
combination of desulfurized coke oven gas and natural gas. 
NOX RACT shall be the operation and maintenance of the 
boilers according to manufacturers specifications. In addition, an 
annual tune-up of each boiler's combustion process shall be performed. 
The facility shall maintain records in accordance with the 
recordkeeping requirements of 25 Pa. Code section 129.95 and shall 
include as a minimum, data which clearly demonstrate that the 
NOX emission limits are met. All records shall be maintained 
for a period of at least two years and made available to PADEP upon 
request.
    (5) Coal Chemical Process--VOC RACT of the coal chemical process 
shall be the operation and maintenance of the sources according to the 
manufacturer's specifications. Sources shall also be operated and 
maintained in accordance with good air pollution control practices. The 
coal chemical process consists of sources and associated gas blanketing 
systems identified in the permit. The facility shall maintain records 
in accordance with the recordkeeping requirements of 25 Pa. Code 
section 129.95. All records shall be maintained for at least two years 
and made available to PADEP upon request.
    (6) Coke Oven Batteries ``A'' and ``2A''--VOC RACT for the Coke 
Oven Batteries ``A'' and ``2A'', push and coke sides, shall be the 
operation and maintenance of the sources according to the 
manufacturer's specifications. Sources shall also be operated and 
maintained in accordance with good air pollution control practices. The 
facility shall maintain records in accordance with the recordkeeping 
requirements of 25 Pa. Code section 129.95 and shall include as a 
minimum, data which clearly demonstrate that the VOC emission limit is 
met. All records shall be maintained for a period of at least two years 
and made available to PADEP upon request.
    (7) VOC RACT for in-plant painting and the compressed air system 
shall be the operation and maintenance of the sources according to 
manufacturers' specifications.

B. International Paper Company, Erie Mill

    International Paper Company, Erie Mill, operates an integrated pulp 
and paper manufacturing facility located in Lancaster County, 
Pennsylvania and is considered a major VOC and NOX emitting 
facility. Boilers 18, 19, 21, and 23 provide power for the 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-
25-028 to EPA as a SIP revision. The plan approval is for the 
installation of Low NOX Burners on Boilers 18 and 19. Stack 
testing shall be done in accordance with 25 Pa. Code Chapter 139 for 
determining the amount of NOX emissions. The facility shall 
conduct

[[Page 23406]]

annual stack testing on Boilers 18 and 19 within 10 weeks after the 
installation of Low NOX Burners. Stack testing shall be 
performed on Boiler 23 on or before the stack testing date set for 
Boilers 18 and 19. A pre-test procedure shall be submitted at least 30 
days prior to actual testing. PADEP shall be notified at least two 
weeks in advance of the date and time of stack testing. Two copies of 
the complete test reports shall be submitted within 60 days after the 
source test.
    The plan approval requires the facility to comply with 25 Pa. Code 
section 129.95 for recordkeeping requirements.
    The plan approval contains emission limits of NOX for 
Boiler No. 21 and the Recovery Boiler based on a 30-day rolling average 
of 0.54 lbs./MMBTU and 0.20 lbs./MMBTU, respectively. Both Boiler No. 
21 and the Recovery Boiler are equipped with a NOX 
continuous emission monitoring (CEM) system, which will be used to show 
compliance with the NOX RACT limit.
    VOC emissions from the pulp production area, paper mill, and 
recausticizing areas shall be maintained at the lowest possible level. 
International Paper shall maintain a program of continual evaluation of 
available chemical formulations for replacement where possible with 
chemical formulations containing a lower level of VOC. International 
Paper shall maintain records of usage of VOC containing materials in 
accordance with 25 Pa. Code section 129.95, and shall inform PADEP upon 
changes in currently used VOC containing chemical formulations.

C. Natural Fuel Gas Supply Corporation

    The National Fuel Gas Supply Corporation, Heath Compressor Station, 
is located in Jefferson County, Pennsylvania and is considered a major 
NOX emitting facility. This facility consists of seven 
natural gas compressors and a standby generator. All seven compressors 
are reciprocating internal combustion engines fueled by pipeline 
quality natural gas. The standby generator is driven by a 35 HP 
internal combustion engine fueled by natural gas. In this instance, 
RACT has been established and imposed by PADEP in an operating permit 
for one of the compressors, the Waukesha Unit 9. On December 
21, 2001, PADEP submitted operating permit No. PA-33-144A to EPA as a 
SIP revision. The RACT plan approval is for the installation of an air 
fuel ratio controller and catalytic converter on the Waukesha Unit 
9. Emission limits for the Waukesha Unit 9 will be 
reduced 80 percent to a low NOX emission rate of 7.7 lb./hr. 
The NOX RACT emission limits will be waived for one hour 
period following the sources start up or shutdown. Stack testing to 
determine the emission rates shall be performed within 60 days of 
startup of the unit and every five years thereafter. The facility shall 
perform semi-annual stack tests using a portable analyzer on the 
Waukesha Unit. The protocol shall be approved by PADEP and may require 
annual tests in accordance with EPA reference methods pending the 
submission of the semi-annual stack tests. At least 30 days prior to 
the scheduled stack test, a test procedure and a sketch with dimensions 
indicating the location of sampling ports and other data to ensure the 
collection of representative samples shall be submitted to PADEP for 
approval. Also, at least two weeks prior to the test, PADEP shall be 
informed of the date and time of the test. Two copies of the stack test 
results shall be submitted to PADEP for review within 60 days of 
completion of the testing. The facility shall submit to PADEP all 
recordkeeping reports for all sources subject to RACT requirements 
within 30 days of the end of each calendar year. The facility shall 
also comply with 25 Pa. Code section 129.95 for recordkeeping 
requirements. For the standby generator, this source shall be 
installed, maintained, and operated in accordance with the 
manufacturer's specification, be operating less than 500 hours in a 
consecutive 12 month period, and also be operated and maintained in 
accordance with good air pollution control practices. For Snow units 1, 
2, 3, 4, 6, and 8; and the other sources listed in Table 2 of the RACT 
plan approval, these sources shall be installed, maintained and 
operated in accordance with the manufacturer's specifications, and also 
be operated and maintained in accordance with good air pollution 
control practices.

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 these three major sources of 
VOC and NOX: (1) Bethlehem Structural Products Corporation 
in Northampton County; (2) International Paper Company in Erie County; 
and (3) National Fuel Gas Supply in Jefferson County. 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 July 1, 2003, without further notice 
unless we receive adverse comment by June 2, 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

[[Page 23407]]

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 three 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 July 1, 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 VOC and NOX from three 
individual sources 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, Volatile organic compounds.

    Dated: March 31, 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)(200) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (200) Revisions pertaining to VOC and 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) Bethlehem Structural Products Corporation, Northampton County, 
OP-48-0013, effective October 24, 1996.
    (2) International Paper Company, Erie Mill, Erie County, PA-25-028, 
effective December 21, 1994.
    (3) National Fuel Gas Supply Corporation, Jefferson County, PA-33-
144A, effective October 5, 1998.
    (ii) Additional Material.
    (A) Letters of October 15, 2002 and February 11, 2003 from the 
Pennsylvania Department of Environmental Protection (PADEP) to EPA 
transmitting materials related to the RACT permits listed in paragraph 
(c)(200)(i) of this section.
    (B) Other materials submitted by PADEP in support of and pertaining 
to the RACT determinations for the sources listed in paragraph 
(c)(200)(i) of this section.

[FR Doc. 03-10658 Filed 5-1-03; 8:45 am]
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