[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Rules and Regulations]
[Pages 62585-62588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23940]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA203-4218a; FRL-7821-2]


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 December 27, 2004 without further 
notice, unless EPA receives adverse written comment by November 26, 
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 PA203-4218 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. PA203-4218. 
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; the Air and Radiation Docket 
and Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality, P.O. Box 
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

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

[[Page 62586]]

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 August 15, 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, Tennessee Gas Pipeline Company (TGP), Station 321, located in 
Susquehanna County, Pennsylvania and Tennessee Gas Pipeline Company 
(TGP), Station 219, located in Mercer County, Pennsylvania. The RACT 
determinations and requirements are included in operating permits (OP) 
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. Tennessee Gas Pipeline Company (TGP) (Station 321)

    The TGP Company (Station 321) is in the business of transporting 
natural gas and operates an interstate pipeline system. In this 
instance, RACT has been established and imposed by PADEP in an 
operating permit. On August 15, 2003, PADEP submitted operating permit 
No. OP-58-0001A to EPA as a SIP revision. This operating permit 
incorporates RACT determinations for three (3) Solar Centaur 
Recuperated natural gas-fired turbines, one (1) Waukesha backup 
generator, one (1) boiler, two (2) furnaces, and thirteen (13) heaters. 
The RACT provisions of Section 129.91 through 129.95 limit 
NOX emissions from each of the Solar Centaur Recuperater 
turbines. These units shall not exceed 140 ppmdv corrected at 15% 
oxygen. The NOX emission limits apply at all times except 
during periods of start-up and shut-down, however the duration of 
start-up or shut-down shall not exceed one hour per occurrence. RACT 
requirements under 25 PA Code Section 129.93 (c)(1) for two furnaces, 
one boiler, and thirteen heaters shall be installation, maintenance, 
and operation in accordance with manufacturer's specifications. These 
sources shall also be operated and maintained in accordance with good 
air pollution control practices.
    Under the presumptive RACT requirements 25 Pa. Code Section 
129.93(c)(5), the 228 brake horsepower backup generator shall not 
operate more than 500 hours in any consecutive 12 month period. This 
source shall also be operated and maintained in accordance with good 
air pollution control practices. TGP shall perform semi-annual 
NOX tests on the three Solar Centaur turbines using an PADEP 
approved portable exhaust gas analyzer. The results from these tests 
shall be used to demonstrate compliance with NOX emissions 
limits. The frequency of portable analyzer tests maybe altered by PADEP 
based on the test results and reserve the rights to require stack tests 
in accordance with EPA reference methods should the data from the 
portable analyzer warrant.
    TGP shall maintain records in accordance with the recordkeeping 
requirements of 25 PA Code Section 129.95 which shall include: (a) The 
number of hours per calendar year and (b) the amount of fuel used per 
calendar year in each of the sources identified in the operating 
permit. These records shall be retained for a minimum of 2 years and 
shall be made available to PADEP upon request.

B. Tennessee Gas Pipeline Company (TGP) (Station 219)

    The TGP Company (Station 219) operates a natural gas transmission 
pipeline which transports and distributes gas throughout the area. In 
this instance, RACT has been established and imposed by PADEP in an 
operating permit. On August 15, 2003, PADEP submitted operating permit 
No. OP-43-0272 to EPA as a SIP revision. This operating permit 
incorporates RACT determinations for fourteen (14) Cooper-Bessemer 
engines, four (4) heaters, one (1) boiler, one (1) office and utility 
furnace and three (3) auxiliary engines. NOX emissions from 
each of the following Cooper-Bessemer engines shall not exceed the 
following: Six GMV-IOTF 31.6 lb/hr., Two GMV-IOTFS 11.9 lb/hr., Five 
GMVA-10 33.3 lb/hr., One 16V-250 48.5 lb/hr. The 6 Cooper-Bessemer GMV-
IOTF engines shall be set and maintained with an ignition timing of 6 
degrees before top dead center, which corresponds to a 3 degree retard 
from a standard ignition timing of 9 degrees before top dead center. 
The 5 Cooper-Bessemer GMV10 engines shall be set and maintained with an 
ignition timing of 8 degrees before top dead center, which corresponds 
to a 4 degree retard from a standard ignition timing of 12 degrees 
before top dead center. These engines shall also be operated and 
maintained in accordance with good air pollution control practices. 
RACT requirements under 25 PA Code Section 129.93 (c)(1), 1 boiler, 4 
furnaces and heaters shall be installation, maintenance, and operation 
in accordance with manufacturer's specifications. These sources shall 
also be operated and maintained in accordance with good air pollution 
control practices. RACT requirements under 25 PA Code Section 129.93 
(c) (3), for 3 auxiliary engines shall be set and maintained at 4 
degree retarded before top dead center relative to standard ignition 
timing. These engines shall be maintained and operated in accordance 
with manufacturer's specifications and with good air pollution control 
practices. Rules and Regulations under PADEP RACT provisions of Section 
129.91 through 129.95, volatile organic compounds (VOC) emissions from 
one 16-V250 Cooper-Bessemer engine shall not exceed 6 lbs per hour and 
26.3 tons per year calculated on a 12-month rolling basis. The VOC RACT 
for all sources shall be operated and maintained in accordance with 
good air pollution control practices. TGP (Station 219) shall perform 
semi-annual NOX tests on all 14 Cooper-Bessemer engines 
using PADEP approved portable exhaust gas analyzer. The results from 
these tests shall be used to demonstrate compliance with NOX 
emissions limits.

III. EPA's Evaluation of the SIP Revisions

    EPA is approving the operating permits issued to the two Tennessee 
Gas Pipeline Companys' 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 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 two major sources of VOC 
and NOX: (1) Tennessee Gas Pipeline Company, Station 321, 
located in Susquehanna County, Pennsylvania (OP-58-0001A); (2) 
Tennessee Gas Pipeline Company, Station 219, located in Mercer County, 
Pennsylvania (OP-43-0272). EPA is publishing this rule without prior 
proposal because we view

[[Page 62587]]

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 27, 2004 without further 
notice unless we receive adverse comment by November 26, 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 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 December 27, 2004. 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 NOX and VOC 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, Volatile organic compounds, 
Reporting and recordkeeping requirements.

    Dated: September 22, 2004.
Thomas 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)(218) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (218) Revisions pertaining to VOC and NOX RACT for 
Tennessee Gas Pipeline Company, Station 321, located in Susquehanna 
County, Pennsylvania; and Tennessee Gas Pipeline Company, Station 219, 
located in Mercer County, Pennsylvania submitted by the Secretary of 
the Pennsylvania Department of Environmental Protection on August 15, 
2003.
    (i) Incorporation by reference.
    (A) Letter submitted on August 15, 2003 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT

[[Page 62588]]

determinations, in the form of operating permits:
    (B) Operating permit (OP):
    (1) Tennessee Gas Pipeline Company, Station 321, Susquehanna 
County, OP-58-0001A, effective date April 16, 1999.
    (2) Tennessee Gas Pipeline Company, Station 219, Mercer County, OP-
43-0272, effective date April 7, 1998.
    (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)(218)(i) of this 
section.

[FR Doc. 04-23940 Filed 10-26-04; 8:45 am]
BILLING CODE 6560-50-P