[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Rules and Regulations]
[Pages 46484-46487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA203-4210a; FRL-7523-6]


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 one major source of nitrogen 
oxides (NOX) and one major source for volatile organic 
compounds (VOC) 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 October 6, 2003 without further 
notice, unless EPA receives adverse written comment by September 5, 
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: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part III of the 
Supplementary Information section. 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

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Avenue, NW., Room B108, Washington, DC 20460; and the Maryland 
Department of the Environment, 1800 Washington Boulevard, Suite 705, 
Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Janice Lewis at (215) 814-2185 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 the SIP Revision

    On October 26, 1999, and February 4, 2003, PADEP submitted formal 
revisions to the Pennsylvania SIP which establish and impose case-by-
case RACT for several major sources of VOC and/or NOX. This 
rulemaking pertains to two of those sources. The remaining sources are 
or have been the subject of separate rulemakings. The RACT 
determinations and requirements are included in plan approvals (PA) or 
operating permits (OP) issued by the Commonwealth. The following table 
below identifies the sources and the individual operating permits (OP) 
which are the subject of this rulemaking.

                             VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
             Source                     County            OP         Source type       Major pollutant
----------------------------------------------------------------------------------------------------------------
Tarkett, Inc....................  Lehigh............  OP 39-0002........  Vinyl Flooring Mfg  VOC.
Harcros Pigments, Inc...........  Northampton.......  OP 48-018.........  Mfg. of Pigments..  NOX.
----------------------------------------------------------------------------------------------------------------

    A. Tarkett Inc.--Tarkett, Inc. (Tarkett) is a vinyl flooring 
manufacturing facility located in Lehigh County. Tarkett is a major 
source of VOC and a minor source for NOX. PADEP issued an 
operating permit (OP 39-0002) to establish and impose RACT for Tarkett. 
Under the OP 39-0002, the NOX emission limit shall never 
exceed 100 tons per year. Under the OP 39-0002, Tarkett must not exceed 
356.81 tons of VOC per year. Both limits must be met on a rolling 
monthly basis over a consecutive 12-month period. Under OP 39-0002 , 
Tarkett must maintain all records, testing data and calculations to 
clearly demonstrate compliance with Sections 129.95 and 129.91-94 of 25 
Pennsylvania's Code of Regulations. Record keeping requirements shall 
include the following, but not be limited to: a record of all VOC 
containing compounds used at the facility as well as calculations on 
the individual source emissions and the VOC emissions for the entire 
facility; the felt mill must maintain monthly records of the 
hydropulper feed materials for all batches, the paper machine slurry 
must maintain monthly feed rates and hours of operation; the four meter 
line must maintain monthly records of the types of urethane, urethane 
usage, and hours of operation; all air pollution control systems must 
conduct performance evaluations, records of calibration checks, 
adjustments and maintenance performed on all equipment which are 
subject to OP 39-0002. Also, the type of VOC contained products stored, 
a record of quantities, identify usage and recovery of all VOC solvents 
used in clean-up operations for the entire facility. All record keeping 
requirements must be calculated on a monthly basis (12-month period). 
The storage and handling of materials collected in the air cleaning 
device(s) shall not at anytime result in the emissions of fugitive air 
contaminants. Temperature measuring and recording devices on the 
thermal incinerator shall be maintained to show gases exiting the 
combustion chamber or zone. All records shall be retained and 
maintained for at least two years. Under OP 39-0002, Tarkett must 
operate and maintain all processes according to good engineering and 
air pollution control practices in accordance with applicable PADEP 
regulations.
    B. Harcros Pigments, Inc.--Harcros Pigments Inc. (Harcros) is a 
manufacturer of synthetic and natural iron oxides for use in chemical 
and pigmenting applications. Harcros is located in Northampton County. 
Harcros is a major source of NOX and minor source for VOC. 
On July 31, 1996, PADEP issued an operating permit (OP 48-0018) to 
establish and impose RACT for Harcros. Under OP 48-0018, Harcros must 
comply with Section 129.93(2) of 25 Pennsylvania Code of Regulations 
for the Cleaver Brooks boiler with a rated heat input of 25.1 MMBtu/hr 
and the Babcock & Wilcox boiler with a rated heat input of 36.4 MMBtu/
hrs. Presumptive RACT for these units shall be the performance of an 
annual adjustment or tune-up on the combustion process. The emergency 
generator shall be limited to 500 hours of operation in a consecutive 
12-month period. The remaining units which have a rated heat input of 
less than 20 MMBtu/hr shall install, maintain, and operate all units in 
accordance with manufacturers' specifications. The total allowable 
NOX emission limit for this facility shall not exceed 207.0 
tons per year. Under OP 48-0018, Harcros must operate and maintain all 
equipment according to good engineering and air pollution control 
practices. All measurements, records and other data required to be 
maintained by the company shall be retained for at least two years 
following the date on which such measurements, records and/or data are 
recorded.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving these SIP revisions because the Commonwealth 
established and imposed RACT 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 to establish and require VOC and/or NOX RACT for two 
major sources 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 October 6, 2003 without further notice unless we receive

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adverse comment by September 5, 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.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number PA203-42104a in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention PA203-4210a. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.

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

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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 October 6, 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 Pennsylvania's source-specific 
RACT requirements to control VOC and/or NOX 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 dioxides, Ozone, Reporting and recordkeeping 
requirements,Volatile organic compounds.

    Dated: June 26, 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)(208) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (208) Revisions pertaining to VOC and NOX RACT for major 
sources submitted on October 25, 1999, and February 4, 2003, by the 
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letters submitted on October 26, 1999, and February 4, 2003 by 
the Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC and/or NOX RACT determinations, in the 
form of operating permits.
    (B) Operating permits (OP) issued to the following sources:
    (1) Tarkett Incorporated, Lehigh County, OP 39-0002, effective May 
31, 1995.
    (2) Harcros Pigments, Inc., Northampton County, OP 48-0018, 
effective July 31, 1996.
    (ii) Additional Material.
    (A) Other materials submitted by the Commonwealth of Pennsylvania 
in support of and pertaining to the RACT determinations for the sources 
listed in paragraph (c)(208)(i) of this section.

[FR Doc. 03-19924 Filed 8-5-03; 8:45 am]
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