[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Rules and Regulations]
[Pages 11079-11082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5974]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA069-4040, PA078-4041, PA083-4043; FRL-5697-7]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Approval of Source-Specific RACT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. This revision
establishes and requires reasonably available control technology (RACT)
on three major sources. The intended effect of this action is to
approve source-specific RACT determinations which establish the above-
mentioned requirements in accordance with Clean Air Act (CAA). This
action is being taken under section 110 of the CAA.
DATES: This final rule is effective May 12, 1997 unless by April 10,
1997, adverse or critical comments are received. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO &
Mobile Sources Section, Mailcode 3AT21, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW, 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: Jeffrey M. Boylan, (215) 566-2094, at
the EPA Region III office or via e-mail at
[[Page 11080]]
boylan.jeffrey@epamail.epa.gov. While information may be requested via
e-mail, comments must be submitted in writing to the above Region III
address.
SUPPLEMENTARY INFORMATION: On August 1, 1995, September 20, 1995,
December 8, 1995 and September 13, 1996, the Commonwealth of
Pennsylvania submitted formal revisions to its State Implementation
Plan (SIP). The SIP revisions that are the subject of this rulemaking
consist of RACT determinations for three individual sources of volatile
organic compounds (VOCs) located in Pennsylvania. This rulemaking
addresses those operating permits pertaining to two facilities, and one
facility (Mercersburg Tanning Company) with no plan approval or
operating permit as the facility has ceased all operations. These
facilities are: 1) DMi Furniture, Inc. (Adams County), 2) R. R.
Donnelley & Sons Company--West Plant (Lancaster County), 3) Mercersburg
Tanning Company--(Franklin County).
Pursuant to section 182(b)(2) and (182(f) of the CAA, Pennsylvania
is required to implement RACT for all major VOC and NOX sources by
no later than May 31, 1995. 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), which is established by the CAA. The
Pennsylvania portion of the Philadelphia ozone nonattainment area
consists of Bucks, Chester, Delaware, Montgomery, and Philadelphia
Counties and is classified as severe. The remaining counties in
Pennsylvania are classified as either moderate or marginal
nonattainment areas or are designated attainment for ozone. However,
under section 184 of the CAA, at a minimum, moderate ozone
nonattainment area requirements (including RACT as specified in section
182(b)(2) and 182(f)) apply throughout the OTR. Therefore, RACT is
applicable statewide in Pennsylvania. The August 1, 1995, September 20,
1995, December 8, 1995, and September 13, 1996, Pennsylvania submittals
that are the subject of this notice, are meant to satisfy the RACT
requirements for three sources in Pennsylvania.
Summary of SIP Revision
The details of the RACT requirements for the source-specific
operating permits can be found in the docket and accompanying technical
support document. Briefly, EPA is approving three RACT determinations
as a revision to the Pennsylvania SIP. Several of the operating permits
contain conditions irrelevant to the determination of VOC or NOX
RACT. Consequently, these provisions are not being included in this
approval for VOC or NOX RACT.
RACT
EPA is approving the operating permit (OP #01-2001) for DMi
Furniture, Inc. located in Adams County. DMi Furniture, Inc. is a wood
furniture manufacturer and is considered to be a major source of VOC
emissions. All DMi spray booths use air assisted airless application of
coatings. In addition, hybrid waterborne systems are to be used for
certain coating operations. DMi expects a VOC emission reduction of
approximately 38% using the reformulated hybrid waterborne system.
Operating permit (OP #01-2001) will require, among other things, VOC
limitations for the following coatings:
Catalyzed Varnish Topcoat--1.8 lb VOC/lb Solids
Waterborne Topcoat--0.8 lb VOC/lb Solids
Basecoats--0.2 lb VOC/lb Solids
Print Line Inks--0.5 lb VOC/lb Solids
Print Line Sealers--4.5 lb VOC/lb Solids
Spray Sealers (tie coat)--3.9 lb VOC/lb Solids
The permit specifies that VOC emissions from this facility can
never exceed 370 TPY. The facility is also required to keep monthly
records of coating usage, VOC emissions including cleanup solvents such
that compliance with RACT requirements can be determined.
Although the 25 Pa. Code, Section 129.52 is for surface coating
processes, Section 11 of Table I has not been federally approved,
subsequently requiring this RACT determination for DMi Furniture, Inc.
EPA is approving the operating permit (OP #36-2026) for R. R.
Donnelley & Sons--West Plant located in Lancaster County. R. R.
Donnelley & Sons--West Plant is primarily a lithographic printing
facility and is considered to be a major source of VOC emissions. The
boilers are not subject to NOX RACT requirements because the
facilities potential NOX emissions are less than 100 TPY.
The five (5) heatset web offset lithographic printing presses ink
and dampening solutions on the webs are dried by evaporation in high
air velocity natural gas fired dryers, with VOC emissions from the
dryers controlled by two (2) thermal oxidizers. Operating Permit (OP
#36-2026) will require, among other things, that destruction removal
efficiency (DRE) of the thermal oxidizers be at least 90% for VOC's and
combustion chamber temperatures be maintained at least at 1375 deg.F.
With regard to capture efficiency parameters listed in the permit, no
actual site testing has been done nor has a protocol been established
to substantiate CE figures in condition #12. VOC content of all heatset
inks and fountain solutions are not to exceed 45% and 3% by weight
respectively.
The five (5) non-heatset web offset lithographic and two (2)
letterpress printing presses are not controlled by add-on control
devices. Operating Permit (OP #36-2026) will require, among other
things, that VOC content of all non-heatset inks and fountain solutions
are not to exceed 25% and 3% by weight respectively.
Permit conditions will require cleaning solutions to have a
composite partial vapor pressure not to exceed 10 mm Hg at 20 deg.C or
VOC content not to exceed 30% by weight. The company will limit the use
of higher vapor pressure cleaning solvents to less than 5% by weight of
the total manual cleaning solvents used. In addition, the company must
keep all solvent laden rags in closed containers when not in use and
keep all containers containing VOC's tightly closed when not in use.
Condition #6 requires the facility to keep applicable records and
reports in accordance with 25 Pa. Code, Chapter 129.95 such that
compliance with RACT requirements can be determined. Therefore, while
no specific CE testing is required by the permit, such testing may be
required in order to determine compliance with the applicable RACT
requirements.
Although the entire Mercersburg Tanning Company facility ceased
operations in October 1994, 25 PA. Code, Chapter 127, Subchapter E does
not allow ERCs to be generated for emission reductions otherwise
required by mandated programs. RACT is such an applicable program for
Mercersburg Tanning Company. Therefore, EPA is approving a RACT
determination for Mercersburg Tanning Company (no permits due to
facility shutdown) located in Franklin County. RACT for the facility is
determined to be:
--Transfer of all leather coating operations to Spray Lines A, B,
and C beginning the phaseout in October 1993.
--Spray Lines A and B, applying solvent based coating, vented to a
Regenerative Thermal Oxidizer (RTO). Based on testing results
performed in May 1993, 100% capture plus a destruction efficiency of
97% used to calculate VOC emissions from Lines A and B.
--Spray Line C, applying water based coatings (water content 70-90%
by volume). Coating restrictions on Line C limited to the following:
3.5 lb VOC/gal (less water) for base coats and 2.8 lb VOC/gal (less
water) for intermediate coat.
[[Page 11081]]
--Cleaning solvents associated with Lines A and B took place within
booths and vented to RTO. Water utilized as cleaning solvent for
Line C.
Mercersburg Tanning Company was a leather coating operations
facility and considered a major source of VOC emissions. In addition,
EPA is using this document to recognize the emission reduction credits
(ERCs) generated by the shutdown of the Mercersburg Tanning Company
facility; a total of 20 tons of VOC per year.
The source-specific RACT emission limitations that are being
approved into the Pennsylvania SIP are those that were submitted on
August 1, 1995, September 20, 1995, December 8, 1995 and September 13,
1996, and are the subject of this rulemaking notice. These emission
limitations will remain unless and until they are replaced pursuant to
40 CFR part 51 and approved by the U.S. EPA.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective May 12, 1997 unless, by April 10, 1997, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on May 12, 1997.
Final Action
EPA is approving three source-specific RACT determinations, two of
which involve operating permits and one (Mercersburg Tanning Company)
which does not involve any type of permit.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR Part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the CAA, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The Clean Air Act forbids EPA to base its actions concerning
SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246,
255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to the RACT approval for DMi
Furniture, Inc, R.R. Donnelley & Sons--West Plant, and Mercersburg
Tanning Company, must be filed in the United States Court of Appeals
for the appropriate circuit by May 12, 1997. 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 may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
[[Page 11082]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: February 13, 1997.
William T. Wisniewski,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraphs (c)(114) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(114) Revisions to the Pennsylvania Regulations Chapter 129.91
through 129.95 pertaining to VOC and NOX RACT, submitted on August
1, 1995, September 20, 1995, December 8, 1995 and September 13, 1996 by
the Pennsylvania Department of Environmental Protection:
(i) Incorporation by reference.
(A) Four letters dated August 1, 1995, September 20, 1995, December
8, 1995 and September 13, 1996 from the Pennsylvania Department of
Environmental Protection transmitting three source-specific RACT
determinations; two of which involve operating permits and one
(Mercersburg Tanning Company) which does not involve any type of
permit. The three sources are:
(1) DMi Furniture, Inc. (Adams County)--wood furniture
manufacturer.
(2) R. R. Donnelley & Sons Company, West Plant (Lancaster County)--
printing facility.
(3) Mercersburg Tanning Company (Franklin County)--leather coating
facility.
(B) Operating Permits (OP):
(1) DMi Furniture, Inc.--OP #01-2001, effective June 13, 1995,
except for the expiration date of the operating permit.
(2) R.R. Donnelley & Sons Company, West Plant--OP #36-2026,
effective July 14, 1995, except for the expiration date of the
operating permit and the parts of conditions 5, 9b & 20 pertaining to
Hazardous Air Pollutants (HAP's).
(ii) Additional material.
(A) Remainder of August 1, 1995, September 20, 1995, December 8,
1995 and September 13, 1996 State submittals pertaining to DMi
Furniture, Inc, R. R. Donnelley & Sons--West Plant, and Mercersburg
Tanning Company.
3. Section 52.2037 is amended by adding paragraph (h) to read as
follows:
Sec. 52.2037 Control Strategy: Carbon monoxide and Ozone.
* * * * *
(h) VOC RACT determination for four emission units at Mercersburg
Tanning Company--Franklin County: Spray Lines 3 thru 7, Attic Line,
Spray Lines A and B, Spray Line C. The VOC RACT determination is as
follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines
A and B, for Attic Line; all work transferred to Spray Line C, for
Spray Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO)
with required 100% capture efficiency and 97% destruction efficiency,
for Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water)
on base coats and 2.8 lb VOC/gal (less water) on intermediate coats.
VOC RACT for cleaning solvents associated with Lines A and B vented to
RTO and water utilized as cleaning solvent for Line C.
[FR Doc. 97-5974 Filed 3-10-97; 8:45 am]
BILLING CODE 6560-50-P
