[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Rules and Regulations]
[Pages 59884-59887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29656]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA-4081a; FRL-6184-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of VOC and NOX RACT Determinations
for Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. This revision
establishes and requires volatile organic compounds (VOC) and nitrogen
oxides (NOX) reasonably available control technology (RACT)
for 16 major sources located in Pennsylvania. The intended effect of
this rule is to approve source-specific plan approvals and operating
permits that establish the above-mentioned RACT requirements in
accordance with the Clean Air Act.
DATES: This direct final rule is effective without further notice on
January 5, 1999, unless EPA receives adverse written comment by
December 7, 1998. Should EPA receive 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 mailed to David Campbell, Air Protection
Division, Mailcode 3AP11, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 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, 401 M Street,
SW, Washington, DC 20460; Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: David Campbell, (215) 814-2196, at the
EPA Region III office or via e-mail at campbell.daveepamail.epa.gov.
While information may be requested via e-mail, any comments must be
submitted in writing to the above Region III address.
[[Page 59885]]
SUPPLEMENTARY INFORMATION:
I. Background
On April 20, May 29, and July 24, 1998, the Commonwealth of
Pennsylvania submitted formal revisions to its State Implementation
Plan (SIP). Each source subject to this rulemaking will be identified
and discussed below. Any plan approvals and operating permits submitted
coincidentally with those being approved in this document, and not
identified below, will be addressed in a separate rulemaking action.
Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act
(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
sections 182(b)(2) and 182(f)) apply throughout the OTR. Therefore,
RACT is applicable statewide in Pennsylvania. The Pennsylvania
submittals that are the subject of this document are meant to satisfy
the RACT requirements for 16 sources in Pennsylvania.
Summary of SIP Revision
The details of the RACT requirements for the source-specific plan
approvals and operating permits can be found in the docket and
accompanying technical support document (TSD) and will not be
reiterated in this document. Briefly, EPA is approving a revision to
the Pennsylvania SIP pertaining to the determination of RACT for 16
major sources. Several of the plan approvals and operating permits
contain conditions irrelevant to the determination of VOC or
NOX RACT. Consequently, these provisions are not being
included in this approval for source-specific VOC or NOX
RACT.
RACT Determinations
The following table identifies the individual plan approvals and
operating permits EPA is approving. The specific emission limitations
and other RACT requirements for these sources are summarized in the
accompanying technical support document, which is available upon
further request from the EPA Region III office listed in the ADDRESSES
section of this document.
Pennsylvania--VOC and NOX. Ract Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan approval (PA ``Major
Source County #) operating Source type source''
permit (OP #) pollutant
----------------------------------------------------------------------------------------------------------------
Eldorado Properties Northumberland......... OP 49-0016 Petroleum storage VOC.
Corporation. and distribution.
Endura Products, Inc........ Bucks.................. OP 09-0028 Surface coating..... NOX. , VOC.
Ford Electronics & Montgomery............. OP 46-0036 Electronics NOX., VOC.
Refrigeration Company. manufacturing.
H&N Packaging, Inc.......... Bucks.................. OP 09-0038 Graphic arts........ VOC.
Lancaster County Solid Waste Lancaster.............. PA 36-2013 Municipal waste NOX.
Management Authority. combustion.
Monsey Products Company..... Chester................ OP 15-0031 Protective coatings VOC.
manufacturing.
Ortho-McNeil Pharmaceutical. Montgomery............. OP 46-0027 Pharmaceutical NOX., VOC.
manufacturing.
Piccari Press, Inc.......... Bucks.................. OP 09-0040 Graphic arts........ VOC.
Pierce and Stevens Chester................ OP 15-0011 Coatings and VOC.
Corporation. adhesives
manufacturing.
PQ Corporation.............. Delaware............... OP 23-0016 Flat glass NOX.
manufacturing.
Reynolds Metals Company..... Chester................ OP 15-0004 Graphic arts........ NOX., VOC.
Rhone-Poulenc Rorer Montgomery............. OP 46-0048B Pharmaceutical NOX., VOC.
Pharmaceuticals, Inc.. manufacturing.
Superior Tube Company....... Montgomery............. OP 46-0020 Steel tubing NOX., VOC.
manufacturing.
Uniform Tubes Company....... Montgomery............. OP 46-0046A Steel tubing VOC.
manufacturing.
U.S. Air Force--Willow Grove Montgomery............. OP 46-0072 Military NOX., VOC.
Air Reserve Station. installation.
U.S. Navy--Willow Grove Montgomery............. OP 46-0079 Military NOX., VOC.
Naval Air Station Joint installation.
Reserve Base.
----------------------------------------------------------------------------------------------------------------
EPA is approving this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the rule should adverse
comments be filed. This rule will be effective January 5, 1999 without
further notice unless the Agency receives adverse comments by December
7, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on January 5, 1999 and no
further action will be taken on the proposed rule. If adverse comments
are received that do not pertain to all paragraphs subject to this
rule, those paragraphs not affected by the adverse comments will be
finalized in the manner described here. Only those paragraphs that
receive adverse comments will be withdrawn in the manner described
here.
II. Final Action
EPA is approving 1 plan approval and 15 operating permits as
NOX and/or VOC RACT for 16 individual sources.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866,
[[Page 59886]]
entitled ``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is
``economically significant,'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not address an environmental health
or safety risk that would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. This action does not involve or impose any requirements
that affect Indian Tribes. Accordingly, the requirements of section
3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, 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).
F. 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
annual 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 annual 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. 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, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and 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.
H. 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 January 5, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does
[[Page 59887]]
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 to approve VOC and NOX RACT
determinations for a number of individual sources in Pennsylvania as a
revision to the Commonwealth's SIP 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: October 27, 1998.
Thomas Voltaggio,
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 et seq.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(136) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(136) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on April 20, May
29, and July 24, 1998, by the Pennsylvania Department of Environmental
Protection.
(i) Incorporation by reference.
(A) Three letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC and/or
NOX RACT determinations in the form of plan approvals or
operating permits on the following dates: April 20, May 29, and July
24, 1998.
(B) Plan approvals (PA), Operating permits (OP):
(1) Eldorado Properties Corporation, Northumberland County, OP 49-
0016, effective May 1, 1998; except for the operating permit expiration
date and item (or portions thereof) Nos. 7, 8, 9, and 10 relating to
non-RACT provisions.
(2) Endura Products, Inc., Bucks County, OP 09-0028, effective May
13, 1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 11A and 15 through 21 relating to non-RACT
provisions.
(3) Ford Electronics & Refrigeration Company, Montgomery County, OP
46-0036 , effective April 30, 1998; except for the operating permit
expiration date and item (or portions thereof) Nos. 11 through 18, 20,
and 22 through 26 relating to non-RACT provisions.
(4) H & N Packaging, Inc., Bucks County, OP 09-0038, effective June
8, 1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 4, 7, 8, and 11 through 20 relating to non-RACT
provisions.
(5) Lancaster County Solid Waste Management Authority, Lancaster
County, PA 36-2013, effective June 3, 1998; except for the plan
approval expiration date and item (or portions thereof) Nos. 3 through
9, 11 through 24, 27 through 37, and 39 relating to non-RACT
provisions.
(6) Monsey Products Company, Chester County, OP 15-0031, effective
June 4, 1998; except for the operating permit expiration date and item
(or portions thereof) Nos. 9 through 24 relating to non-RACT
provisions.
(7) Ortho-McNeil Pharmaceutical, Montgomery County, OP 46-0027,
effective June 4, 1998; except for the operating permit expiration date
and item (or portions thereof) Nos. 4, 9, and 13 through 20 relating to
non-RACT provisions.
(8) Piccari Press, Inc, Bucks County, OP 09-0040, effective April
29, 1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 14, 15, 17, and 19 through 22 relating to non-
RACT provisions.
(9) Pierce and Stevens Corporation, Chester County, OP 15-0011,
effective March 27, 1998; except for the operating permit expiration
date and item (or portions thereof) Nos. 11 through 15 relating to non-
RACT provisions.
(10) PQ Corporation, Delaware County, OP 23-0016, effective June
16, 1998; except for the operating permit expiration date and item (or
portions thereof) Nos. 8, 13, and 15 through 19 relating to non-RACT
provisions.
(11) Reynolds Metals Company, Chester County, OP 15-0004, effective
May 8, 1998; except for the operating permit expiration date and item
(or portions thereof) Nos. 4, 5, 14, 15, 17 through 42, and 44 through
48 relating to non-RACT provisions.
(12) Rhone-Poulenc Rorer Pharmaceutical, Inc, Montgomery County, OP
46-0048B, effective April 2, 1998; except for the operating permit
expiration date and item (or portions thereof) Nos. 11 through 42
relating to non-RACT provisions.
(13) Superior Tube Company, Montgomery County, OP 46-0020,
effective April 17, 1998; except for the operating permit expiration
date and item (or portions thereof) Nos. 17 through 25 relating to non-
RACT provisions.
(14) Uniform Tubes Inc., Montgomery County, OP 46-0046A, effective
March 26, 1998; except for the operating permit expiration date and
item (or portions thereof) Nos. 16, 17, and 19 through 24 relating to
non-RACT provisions.
(15) U.S. Air Force--Willow Grove Air Reserve Station, Montgomery
County, OP 46-0072, effective May 1, 1998; except for the operating
permit expiration date and item (or portions thereof) Nos. 11 through
15 relating to non-RACT provisions.
(16) U.S. Navy--Willow Grove Naval Air Station Joint Reserve Base,
Montgomery County, OP 46-0079, effective May 4, 1998; except for the
operating permit expiration date and item (or portions thereof) Nos.
11, 12, 15 through 26, and 28 through 33 relating to non-RACT
provisions.
(ii) Additional Material.
(A) Remainder of the Commonwealth of Pennsylvania's April 20, May
29, and July 24, 1998 submittals VOC and NOX RACT SIP
submittals.
[FR Doc. 98-29656 Filed 11-5-98; 8:45 am]
BILLING CODE 6560-50-P
