[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59318-59321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25929]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA208-4216a; FRL-7569-1]


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 
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 December 15, 2003 without further 
notice, unless EPA receives adverse written comment by November 14, 
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 IV 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 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 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 July 2, 2003, the Pennsylvania Department of Environmental 
Protection (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 in this SIP revision are included in 
plan approvals (PA) and operating permits (OP) issued by PADEP.
    The following identifies the individual PA or OP that EPA is 
approving for each source.

A. Andritz, Inc.

    Andritz, Inc. is a facility with foundry operations located in 
Lycoming County, Pennsylvania and is considered a major VOC emitting 
facility. In this instance, RACT has been established and

[[Page 59319]]

imposed by PADEP in a plan approval. On July 2, 2003, PADEP submitted 
plan approval No. 41-00010C to EPA as a SIP revision. This plan 
approval incorporates RACT determinations as required by the provisions 
of Title I of the CAA and sections 129.91 through 129.95 of Chapter 129 
of Article III of the rules and regulations of PADEP for the refiner 
plate molding line, the green sand molding line, the no-bake floor 
molding line and a core making operation, propane generators and 
several other minor sources. In any 12 consecutive month period, the 
total combined VOC emissions from the refiner plate molding shall not 
exceed 57.99 tons and the line shall not be operated more than 7,000 
hours. The total amount of steel processed by the refiner plate molding 
line shall not exceed 11,000 tons in any 12 consecutive month period. 
The total combined VOC emissions from the green sand molding line, the 
no-bake floor molding line and the core making operation, plus the 
combined VOC emissions from the propane-fired generators and minor 
sources identified below, shall not exceed a total of 69.86 tons in any 
12 consecutive month period. The total combined amount of steel 
processed by the green sand molding line and the no-bake floor molding 
line shall not exceed 8,000 tons and these lines shall not be operated 
more that 7,000 hours in any 12 consecutive month period. In addition, 
the total combined VOC from the core making operation shall not exceed 
2.70 tons in any 12 consecutive month period.
    The facility shall maintain accurate and comprehensive records of 
the following: (1) The amount of steel processed each month by the 
refiner plate molding line, the green sand molding line, and the no-
bake floor molding line; (2) the number of hours of operation each 
month of the refiner plate molding line, the green sand molding line, 
and the no-bake floor molding line; and (3) the amount of binders/
resins used in the core making operation each month. These records 
shall be used by the facility to calculate the monthly emission of VOCs 
from the refiner plate molding line, the green sand molding line, the 
no-bake floor molding line and the core making operation. All records 
generated, including the VOC emissions calculations, shall be retained 
on site for at least five years from the date of generation and shall 
be provided to PADEP upon request. The monthly emissions report shall 
include all background information and calculations used in the 
derivation of these emissions.

B. Brodart Company

    Brodart Company is a wood furniture finishing operation facility 
located in Clinton County, Pennsylvania and is considered a major VOC 
emitting facility. In this instance, RACT has been established and 
imposed by PADEP in a plan approval. On July 2, 2003, PADEP submitted 
plan approval No. 18-0007A to EPA as a SIP revision. This plan approval 
also incorporates RACT determinations as required by the provisions of 
Title I of the CAA and sections 129.91 through 129.95 of Chapter 129 of 
Article III of the Rules and Regulations of PADEP for the following: 
(1) A 2.6 million BTU per hour (MMBTU/hr) De Burg natural gas-fired 
oven; (2) a 2.5 MMBTU/hr North American natural gas-fired oven; (3) a 
2.5 MMBTU/hr Weil McLain natural gas/2 oil-fired boiler; (4) a 
15 kW Kohler natural gas-fired emergency generator that shall not be 
operated more than 500 hours in any 12 consecutive month period; (5) 
gluing operations and several miscellaneous sources.
    The total combined VOC emissions from these sources shall not 
exceed 2.70 tons in any 12 consecutive month period. The 15 KW natural 
gas energy generator shall not be operated more than 500 hours in any 
12 consecutive month period. In addition, the plan approval contains 
reference to specific low VOC content glues and adhesives that shall 
used in the gluing operation. The facility shall maintain accurate and 
comprehensive records of the number of hours the emergency generator 
was operated during each month. All records generated shall be retained 
on site for a period of at least five years from the date of generation 
and shall be provided to PADEP upon request. In addition, all records 
generated for each calendar quarter, including air contaminant emission 
calculations, shall be submitted to PADEP by no later than the 30th day 
following the respective calendar quarter (reports due on January 30, 
April 30, July 30 and October 30). This report shall include all 
background information and calculations used in the derivation of the 
reported values.

C. Erie Sewer Authority

    The Erie Sewer Authority is a waste water treatment plant (WWTP) 
located in Erie County, Pennsylvania and is considered a NOX 
emitting facility. The Erie WWTP is a secondary activated sludge 
treatment plant. In this instance, RACT has been established and 
imposed by PADEP in an operating permit. On July 2, 2003, PADEP 
submitted operating permit No. OP-25-179 to EPA as a SIP revision. The 
sources in this facility are seven space heaters, four emergency 
generators, and two sewage sludge incinerators.
    RACT for the seven (7) heaters, with individual rated gross heat 
inputs less than 20 MMBTU/hr, shall be installation, maintenance, and 
operation in accordance with the manufacturer's specifications. These 
sources shall also be operated and maintained in accordance with good 
air pollution control practices.
    RACT for the four (4) emergency generators, operating less than 500 
hours in a consecutive 12-month period, shall be installation, 
maintenance, and operation in accordance with the manufacturer's 
specifications. These sources shall also be operated and maintained in 
accordance with good air pollution control practices.
    RACT for the two (2) sewage sludge incinerators shall be the 
continued management of the units to ensure proper combustion. This 
includes operation and maintenance of the sources and associated 
control devices in accordance with the manufacturer's specifications 
and consistent with good operating and maintenance practices. The 
NOX emissions from each of the sewage sludge incinerators 
shall not exceed 10.0 pound per ton of sewage sludge (on a dry basis). 
The facility shall test each of the incinerators at least once every 
five years. The stack tests shall be performed at maximum rated 
capacity following the procedures in 25 Pa Code chapter 139.
    The facility shall maintain records in accordance with the 
recordkeeping requirements of 25 Pa Code section 129.95 that will 
include at a minimum: (a) Records that indicate that each of the four 
emergency generators did not operate more than 500 hours in a 
consecutive 12-month period; (b) records that indicate that each of the 
four emergency generators are maintained and operated in accordance 
with the manufacturer's specifications; and (c) records that indicate 
that each of the seven space heaters are maintained and operated in 
accordance with manufacturer's specifications.

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,

[[Page 59320]]

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 three major sources of VOC 
and 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 December 15, 2003, without further notice unless we 
receive adverse comment by November 14, 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 PA208-4216 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. 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: PA208-4216. 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.
    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.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD-ROM, mark the outside of the 
disk or CD-ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

[[Page 59321]]

IV. 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 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 December 15, 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 VOC and 
NOX RACT determinations for 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, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 29, 2003.
James W. Newsom,
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)(214) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (214) Revisions to the Pennsylvania Regulations pertaining to VOC 
and NOX RACT for major sources submitted on July 2, 2003 by 
the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of July 2, 2003 from 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) Andritz, Inc., Lycoming County, 41-00010C, effective April 30, 
2003.
    (2) Brodart Company, Clinton County, 18-0007A, effective April 8, 
2003.
    (3) Erie Sewer Authority, Erie County, OP-25-179, effective June 5, 
2003.
    (ii) Additional Material.--Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(214)(i) of this 
section.

[FR Doc. 03-25929 Filed 10-14-03; 8:45 am]
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