[Federal Register Volume 69, Number 100 (Monday, May 24, 2004)]
[Rules and Regulations]
[Pages 29444-29446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11668]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA208-4215a; FRL-7664-8]


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. 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 23, 2004, without further notice, 
unless EPA receives adverse written comment by June 23, 2004. 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: Submit your comments, identified by PA208-4215 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: [email protected]
    C. Mail: Makeba Morris, Chief, Air Quality Planning Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. PA208-4215. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    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; Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400 
Market Street, Harrisburg, Pennsylvania 17105; Air and Radiation Docket 
and Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Betty Harris at (215) 814-2168 or via 
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 Revisions

    On July 2, 2003, 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 two of those sources, 
namely, National Fuel Gas Supply Corporation's Roystone Compressor 
Station, located in Sheffield, Warren County, Pennsylvania; and 
Crompton Corporation's facility located in Fairview Township, Butler 
County, Pennsylvania. These facilities are considered major for 
NOX and VOC. The RACT determinations and requirements are 
included in operating permits issued by PADEP. The RACT requirements 
imposed by PADEP and submitted to EPA for approval as SIP revisions are 
described in the following paragraphs.

A. National Fuel Gas Supply Corporation

    The National Fuel Gas Supply Corporation (National) operates 
natural gas compressors and generators at its Roystone Compressor 
Station located in Sheffield Township, Warren County. The PADEP 
established and imposed RACT for both NOX and VOC in 
operating permit No. OP 62-141F, issued and effective April 1, 2003. 
Under the conditions of the permit, the allowable NOX 
emission rate for Units 1, 2, and 3 shall not exceed 5.3 pounds per 
hour (lbs/hr) and the allowable NOX emission rate for Units 
4, 5, 6, 7 and 8 shall not exceed 2.5 lbs/hr. The three boilers 
manufactured by Penneco, Struthers and Peerless; the two Smith 
Reboilers for Line D and Line L; and the two Pipeline Heaters (Erie L 
and Line D) are subject to 25 PA Code Section 129.93(c)(1). The RACT 
emission limitations for these sources are the installation, 
maintenance and operation of the sources in accordance with the 
manufacturers specifications. Standby generators 1 and 2 and the 
Waukesha Air Compressor shall comply with the presumptive RACT 
requirements as stated in 25 PA Code Section 129.93(c)(5). These units 
are to be installed, maintained, and operated in accordance with the 
manufacturer's specifications and good air pollution control practices. 
Under the conditions of its operating permit for the Roystone station, 
National must maintain records of the VOC emissions from the Line D and 
Line L dehydrators. National must maintain records of the actual 
throughput per day, the actual hours of operation and the glycol 
circulation rate

[[Page 29445]]

for each dehydrator. The emissions from the regenerator overheads shall 
be exhausted through the reboiler heater exhaust stack. National must 
monitor the control device by conducting a visual observation of the 
device and the pilot light at least once per manned 8-hour shift, and 
maintain a log of the visual observations. National must maintain a 
Leak Detection and Repair (LDAR) Plan for the fugitive emissions from 
the facility to represent RACT for facility-wide fugitive emissions.

B. Crompton Corporation

    The Crompton Corporation (Crompton) operates a facility in Fairview 
Township, Butler County subject to RACT for NOX and VOC. The 
PADEP established and imposed RACT for this facility in operating 
permit No. 10-037, issued and effective June 4, 2003. Under the 
conditions of this permit, NOX emissions at Boiler 
7 shall not exceed 0.180 lbs/MMBTU while burning natural gas, 
and shall not exceed 0.40 lbs/MMBTU while burning oil. Under the 
conditions of the permit, RACT for Boiler 7 shall also consist 
of an annual adjustment or tune-up that will consist of an inspection, 
adjustment, cleaning or replacement of the fuel burning equipment, 
inspection and adjustment of the flame characteristics, and the 
inspection and adjustment of the air-to-fuel control system. The tune 
up shall be performed in accordance with the EPA document ``Combustion 
Efficiency Optimization Manual for Operators of Oil and Gas-Fired 
Boilers'', EPA-340/1-83-023, September 1983. The permit also requires 
that Boiler 7 boiler be tested annually by Crompton with a 
PADEP-approved portable analyzer. Under the conditions of the permit, 
PADEP may require annual stack tests in accordance with EPA reference 
methods pending the submission of the results from the portable 
analyzer. Separate tests shall be performed to demonstrate compliance 
with the NOX emission rates imposed on Boiler 7 
when firing natural gas and when firing oil. The VOC emissions from the 
Low-Cat Hydrogen Recovery Unit Vent V-64 (Source 125) shall not exceed 
9.29 lbs/hr. The facility shall comply with the record-keeping 
requirements of 25 PA Code Section 129.95. It should also be noted that 
under Condition 8 of OP 10-137, the Utility Fractionator Unit Vent D-
204 (Source 131) which had potential VOC emissions of 20.95 lbs/hr and 
82.11 tons/year (based upon 7838 hours of operation) was shutdown in 
January 2002 and shall no longer be operated. Therefore, under OP 10-
137, Crompton is not required to demonstrate RACT for this source.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving the operating permits issued to the National and 
Crompton facilities by PADEP as described in section II. EPA is 
approving them as SIP revisions 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 recordkeeping, 
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 submitted by PADEP on July 2, 2003. These revisions consist of 
operating permits which establish and require RACT for National Fuel 
Gas Supply Corporation's Roystone Compressor Station, located in 
Sheffield, Warren County, Pennsylvania (OP 62-141F); and Crompton 
Corporation's facility located in Fairview Township, Butler County, 
Pennsylvania (OP 10-037). 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 23, 2004, without further notice unless we receive adverse comment 
by June 23, 2004. 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

[[Page 29446]]

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 23, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule to 
approve RACT for National Fuel Gas Supply Corporation's Roystone 
Compressor Station located in Sheffield, Warren County, Pennsylvania 
and Crompton Corporation's facility located in Fairview Township, 
Butler County, Pennsylvania 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 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, Volatile organic compounds.

    Dated: May 13, 2004.
Richard J. Kampf,
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

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2. Section 52.2020 is amended by adding paragraph (c)(213) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (213) Revisions pertaining to NOX and VOC RACT for 
National Fuel Gas Supply Corporation's Roystone Compressor Station, 
located in Sheffield, Warren County, Pennsylvania; and Crompton 
Corporation's facility located in Fairview Township, Butler County, 
Pennsylvania submitted by the Secretary of the Pennsylvania Department 
of the Environment on July 2, 2003.
    (i) Incorporation by reference.
    (A) Letter submitted on July 2, 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 permit (OP):
    (1) National Fuel Gas Supply Corp., Roystone Compressor Station, 
Sheffield, Warren County, OP 62-141F, effective date April 1, 2003.
    (2) Crompton Corporation, Fairview Township, Butler County, OP 10-
037, effective date June 4, 2003.
    (ii) Additional Material--Additional materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(213)(i) of this 
section.

[FR Doc. 04-11668 Filed 5-21-04; 8:45 am]
BILLING CODE 6560-50-P