[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Rules and Regulations]
[Pages 24365-24368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11181]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA188-4205a; FRL-7482-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Two 
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 two major sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) located in 
Pennsylvania. The two major sources are Dominion Trans Inc. in Clinton 
County, and Textron Inc. in Lycoming County. EPA is approving these 
revisions to establish VOC and NOX RACT requirements in the 
SIP in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on July 7, 2003 without further notice, 
unless EPA receives adverse written comment by June 6, 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, PO 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 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 formal revisions to its SIP to 
establish and impose case-by-case RACT for three major sources of VOC 
and NOX. This rulemaking pertains to two of those sources. 
The other source is subject to a separate rulemaking action. The RACT 
determinations and requirements are included in operating permits (OP) 
issued by PADEP.
    The following identifies the individual operating permit that EPA 
is approving for each source.

A. Textron Lycoming

    Textron Inc., owns and operates the Textron Lycoming Reciprocating 
Engine Division (TLRED) facility in Williamsport, Lycoming County, 
Pennsylvania. Aircraft engines and engine parts are manufactured at the 
facility, which is considered a major source of VOC. 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 41-00005 
to EPA as a SIP revision. The operating permit lists the following 
sources:
    (1) The permit contains VOC emission limit of 3.040 tons per year 
(tpy) for the combustion source group. The combustion source group 
includes: 7 firetube boilers, 5 air make-up units, 140 Cercor heaters, 
42 Dravos air heaters, 2 heat treat furnaces, and 4 aqueous washer 
burners (Source IDs: 032, 033, 034, 035, 036, 037, respectively). RACT 
for Source IDs 032, 033, 034, 035, 036, and 037 are the installation, 
maintenance and operation of the source in accordance to the 
manufacturers specifications. The operating permit contains the 
description of each source:
    (a) Source ID 32 includes seven natural gas fired Firetube Boilers 
rated at 6.28 MMBTU/hr each;
    (b) Source ID 033 includes five natural gas fired Air Make-Up Units 
with one rated at 3.89 MMBTU/hr, three rated at 5.20 MMBTU/hr each, and 
another one rated at 6.54 MMBTU/hr;
    (c) Source ID034 includes 140 natural gas Cercor Heaters with 111 
rated at 0.05 MMBTU/hr each, and 29 rated at 0.10 MMBTU/hr; (d) Source 
ID 035 includes 42 natural gas fired Dravos Air Heaters rated from 0.10 
to 2.38 MMBTU/hr each. An air heater which has been taken out of 
service must comply with all applicable requirements of 25 Pa. Code 
section 127.11a in order to be reactivated; (e) Source ID 036 includes 
two natural gas fired heat treat furnaces using methanol for 
carburization, rated at 0.7 MMBTU/hr each; and (f) Source ID 037 
includes four natural gas fired aqueous washer burners rated at 0.24 
MMBTU/hr associated with a washer; 0.36 MMBTU/hr associated with a 
washer; 0.36 MMBTU/hr associated with a belt washer; and 0.36 MMBTU/hr 
associated with a spray washer.
    (2) Source ID P202 includes 5 large Cooper Tanks with surface area 
of more than 10 square feet and Source ID P203 includes 6 Cooper Tanks 
with surface area less than 10 square feet. The permit contains a total 
combined VOC emission limits of 36.54 tpy from Source IDs P202 and P203 
in any 12 consecutive month period. The tanks range in size from 85 to 
470 gallons. Each tank contains solvent for the cold degreasing of 
metal parts. A Cooper Tank, which has been taken out of service, must 
comply with all applicable requirements of 25 Pa. Code section 127.11a 
in order to be reactivated.
    (3) Source ID P204 includes 76 dip tanks. The permit contains a 
total combined VOC emission of 4.8 tpy from

[[Page 24366]]

Source ID P204 in any 12 consecutive month period. The tanks range in 
size from 5 to 50 gallons. Each tank contains solvent for the cold 
degreasing of metal parts. A dip tank which has been taken out of 
service must comply with all applicable requirements of 25 Pa. Code 
section 127.11a in order to be reactivated.
    (4) Source ID P205 includes 26 corrosion protection tanks. The 
permit contains a total combined VOC emission limit of 2.76 tpy from 
Source ID P205 in any 12 consecutive month period. The tanks range in 
size from 16 to 158 gallons. Each tank contains mineral spirits and 
ferrocote for preserving of metal parts between machining operations to 
prevent flash rusting. The facility shall maintain records of the total 
amount of mineral spirits (``Varsol''), or any other VOC used each 
month in Source ID P205. The facility shall keep records of the actual 
mineral spirits usage which occurred for each individual month in 
Source ID P205. The facility shall also keep records of the supporting 
calculations used to verify compliance with the annual VOC emission 
limits for Source ID P205. The facility shall retain records for at 
least 5 years and shall be made available to PADEP upon request. A 
corrosion protection tank which has been taken out of service, must 
comply with all applicable requirements of 25 Pa. Code section 127.11a 
in order to be reactivated.
    (5) Source ID P206 includes 23 spray booth degreasers. The permit 
contains a total combined VOC emission limit of 24.69 tpy from Source 
ID P206 in any 12 consecutive month period. Cleaning of parts in the 
spray booths are done by using Varsol pumped through a handheld nozzle 
and directed at the part. A spray booth degreaser, which has been taken 
out of service, must comply with all applicable requirements of 25 Pa. 
Code section 127.11a in order to be reactivated.
    (6) Source ID P210 includes 11 inspection stations containing a 
mixture of iron and iron oxide particles suspended in a low-volatility 
mineral spirit based solution. This solution is used to inspect 
equipment for cracks and inclusions. The permit contains total VOC 
emission limits of three pounds per hour, 15 pounds per day, or 2.7 
tons per 12 consecutive month period for all 11 inspection stations 
combined. An inspection station, which has been taken out of service, 
must comply with all applicable requirements of 25 Pa. Code section 
127.11a in order to be reactivated.
    (7) Source ID P230 includes maintenance welding, general 
maintenance activities, truck maintenance activities (including spray 
booth SB27), floor and general cleaning activities, insect control 
activities, and health service activities. The permit contains total 
VOC emission limits of three pounds per hour, 15 pounds per day, or 2.7 
tons per 12 consecutive month period for all the maintenance activities 
combined.
    (8) Source ID P233 is a fluorescent dye penetrant booth. The permit 
contains a potential to emit VOC emission limit of three pounds per 
day, 15 pounds per day, or 2.7 tons in any 12 consecutive month period. 
A detailed RACT analysis that meets the criteria specified in 25 Pa. 
Code section 129.92 is required and must be submitted to PADEP if these 
limits are exceeded. The facility shall keep the following records for 
Source ID P233: (a) The amount of each VOC containing material used 
each month, and (b) supporting calculations used to verify compliance 
with the 12 consecutive month emission limitation for VOCs. All such 
records shall be retained for a minimum of five years and be provided 
to PADEP upon request.
    (9) Source ID P250 includes three valve check stations that are 
used to check engine head assemblies for proper seating. These check 
stations do not use VOC-containing materials. The facility shall keep 
records, identifying liquid materials used in Source ID P250 and 
information that verifies that these materials does not contain any 
VOCs. All such records shall be retained for a minimum of five years 
and be provided to PADEP upon request.

B. Dominion Trans Inc.

    Dominion Trans Inc., is a natural gas transmission facility located 
in Clinton County, Pennsylvania. The facility, which uses equipment to 
transport and store natural gas is located at the Finnefrock Station 
and is considered a major source of VOC and NOX. In this 
instance, RACT has been established and imposed by PADEP in an 
operating permit for Engine No. 4 identified as Source ID P104. Source 
IP P104 is a natural gas fired internal combustion engine rated at 4000 
horsepower that is used to compress the natural gas in order to send it 
along the pipeline in its destination. On October 30, 2002, PADEP 
submitted operating permit No. OP 18-00005 to EPA as a SIP revision. 
The permit contains NOX emission limit of 44.1 pounds per 
hour and 193.16 tons in any 12 consecutive month period, and VOC 
emission limit of 2.43 pounds per hour and 10.64 tons in any 12 
consecutive month period. The facility shall only use quality natural 
gas as fuel for Source ID P104. The facility shall perform semi-annual 
NOX testing using a portable exhaust gas analyzer approved 
by PADEP. This testing shall be performed during the periods of March 1 
through May 31 and September 1 through November 30. The reference 
method testing required maybe substituted for the portable analyzer 
testing on a one-on-one basis (one occurrence of reference method 
testing may be substituted for one of every six months occurrences of 
the portable analyzer testing). The facility shall submit the results 
of all portable exhaust gas analyzer testing to PADEP no later than 30 
days after the completion of the testing. The facility is required to 
perform EPA reference method stack testing on Source ID P104 sometime 
during the interval beginning on January 1, 2003 and ending on December 
31, 2004 for NOX and VOC. All testing is performed while the 
source is operating at full load and full speed. The facility shall 
maintain records in accordance with the recordkeeping requirements of 
25 Pa. Code section 129.95 that shall include a minimum of the 
following: (1) The total number of hours that Source ID P104 is 
operated each month, and (2) the amount of fuel used in Source ID P104 
each month. These records shall be retained for a minimum of five years 
and be provided 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 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 Textron Inc., Lycoming 
County, and Dominion Trans Inc., Clinton County. 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 July 7, 2003 without further

[[Page 24367]]

notice unless EPA receives adverse comment by June 6, 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 two 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 7, 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 VOC and NOX emissions 
from two 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: April 4, 2003.
Donald S. Welsh,
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)(202) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (202) Revisions pertaining to VOC and NOX RACT 
determinations for major sources 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 Permits (OP):
    (1) Dominion Trans Inc., Clinton County, Title V Permit No.: 18-
00005, effective February 16, 2000.
    (2) Textron Lycoming, Lycoming County, Title V Permit No.: 41-
00005, effective January 12, 2001.
    (ii) Additional Material.
    (A) A letter of February 11, 2003 from the Pennsylvania Department 
of Environmental Protection to EPA transmitting materials related to 
the RACT permits listed in paragraph (c)(202)(i) of this section.

[[Page 24368]]

    (B) Other materials submitted by the Commonwealth of Pennsylvania 
in support of and pertaining to the RACT determinations for the source 
listed in paragraph (c)(202)(i)(B) of this section.

[FR Doc. 03-11181 Filed 5-6-03; 8:45 am]
BILLING CODE 6560-50-P