[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Pages 67229-67232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32369]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 083-4036a, PA 083-4037a, PA 069-4035a; FRL-5659-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of Source-Specific VOC and NOX RACT
Determinations, and 1990 Baseyear Emissions for One Source
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Pennsylvania. These revisions
establish and require reasonably available control technology (RACT)
for three facilities, and make corrections to the 1990 baseyear
volatile organic compounds (VOC) and nitrogen oxides (NOX)
emissions for one of the facilities. This action affects a total of
three companies. The intended effect of this action is to approve three
source-specific RACT determinations, and the 1990 emissions inventory
figures for three emissions units at one facility. This action is being
taken under section 110 of the Clean Air Act.
DATES: This final rule is effective February 21, 1997 unless within
January 21, 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 and
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, D.C. 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: Janice Bolden, (215) 566-2185, or
Carolyn Donahue, (215) 566-2095, at the EPA Region III office, or via
E-mail at bolden-janice@epamail.epa.gov or carolyn@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, December 8, 1995, June
10, 1996, and September 13, 1996, the Commonwealth of Pennsylvania
submitted formal revisions to its State Implementation Plan (SIP),
consisting of plan approvals and operating permits for many facilities.
The SIP revisions that are the subject of this rulemaking consist of
RACT determinations for only three of those facilities and includes one
operating permit and one plan approval. These three individual
facilities emit volatile organic compounds (VOCs) and/or nitrogen
oxides (NOX) and are located in Mercer and Blair Counties in
Pennsylvania. These three facilities are (1) Caparo Steel Company
(Mercer Co.)--steel mill, (2) Sharon Steel Company (Mercer Co.)--steel
mill, and (3) Pennsylvania Electric Company (Penelec)--Williamsburg
Station (Blair Co.)--utility. The remaining plan approvals and
operating permits in the August 1, 1995, December 8, 1995, June 10,
1996, and September 13, 1996, submittals will be the subject of a
separate rulemaking notice.
Background
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 ozone nonattainment 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 August 1, 1995,
December 8, 1995, June 10, 1996, and September 13, 1996, Pennsylvania
submittals that are the subject of this notice are meant to satisfy the
RACT requirements for three facilities in Pennsylvania.
Summary of SIP Revisions
This rulemaking approves the operating permit issued to Caparo
Steel Company by the Pennsylvania Department of Environmental
Protection (PADEP) on November 3, 1995, the plan approval issued to
Sharon Steel Company by PADEP on November 3, 1995, and the RACT
determination for Pennsylvania Electric Company (Penelec)--Williamsburg
Station. In addition, on June 10, 1996, Pennsylvania submitted 1990
baseyear emission inventory figures for Sharon Steel Company for EPA
approval into the Pennsylvania SIP. Therefore, this rulemaking also
establishes the 1990 baseyear emissions for emissions units at Sharon
Steel. The details of the RACT requirements for the source-specific
operating permit for Caparo Steel and the plan approval for Sharon
Steel can be found in the docket and accompanying Technical Support
Document and will not be reiterated in this document.
Caparo Steel RACT
EPA is approving the operating permit (OP 43-285) for Caparo Steel
Company, located in Mercer County, which is part of the Youngstown-
Warren-Sharon Ohio/Pennsylvania ozone marginal nonattainment area. This
operating permit imposes RACT on Caparo Steel and requires compliance
by May 31, 1995. Caparo Steel Company is a steel mill and is a major
source of NOX and VOC emissions. In general, the RACT requirements
in the permit include operation and maintenance in accordance with
manufacturer specifications and good air pollution control practices to
minimize NOX and
[[Page 67230]]
VOC emissions in addition to VOC and NOX emission rate limitations
and VOC and NOX annual emission caps.
In addition to imposing RACT on the currently operating units at
Caparo Steel, this revision also establishes RACT for four, now
shutdown, emission units at Caparo Steel Company. These four units,
which are not addressed in operating permit OP 43-285, are the package
boilers, and BW boilers 1 to 3. All of these units ceased operation and
were retired on November 30, 1992. EPA is also using this document to
recognize the 868.6 tons of NOx per year and 1.8 tons of VOC per
year emission reduction credits created by the shutdown of these four
emissions units at Caparo Steel.
Sharon Steel RACT/Baseyear Inventory
EPA is approving the plan approval (PA 43-017) for Sharon Steel
Company, which is adjacent to the Caparo Steel facility and is located
in Mercer County. This plan approval imposes RACT on Sharon Steel and
requires compliance by May 31, 1995. Sharon Steel Company is a steel
mill and is a major source of NOX and VOC emissions. In general,
the RACT requirements in the plan approval include operation and
maintenance in accordance with manufacturer specifications and good air
pollution control practices to minimize NOX and VOC emissions in
addition to VOC and NOX emission rate limitations and VOC and
NOX annual emission caps.
This revision also establishes RACT for three, now shutdown,
emission units at Sharon Steel Company. These three units, not
addressed in plan approval PA 43-017, are the Blast Furnace Operations
(flame suppression, heaters and torpedo cars, flare stack, tuyeres),
Basic Oxygen Furnace Shop (scrap preheating, ladle preheating and
heaters), and Blast Furnace Casthouse. All of these emission units
ceased operation and were retired on November 30, 1992. Chemical usage
units, once maintained by Sharon Steel Company, remain in use and are
now operated by Caparo Steel Company. These chemical usage units are
included in operating permit OP 43-285.
As previously stated, RACT for the Blast Furnace Operations, Basic
Oxygen Furnace Shop, and Blast Furnace Casthouse is determined to be
good air pollution control practices. The 1990 baseyear VOC and
NOX emissions for these three emission units are also being
approved. The 1990 VOC and NOX emissions from the Blast Furnace
Operations (flame suppression, heaters and torpedo cars, flare stack,
tuyeres) are 0.4 tons per year (TPY) and 49.3 TPY, respectively. The
1990 VOC and NOX emissions from the Basic Oxygen Furnace Shop
(scrap preheating, ladle preheating and heaters) are 1.4 TPY and 39.6
TPY, respectively. The 1990 VOC and NOX emissions from the Blast
Furnace Casthouse are 205.4 TPY and 11.0 TPY, respectively. EPA is also
using this document to recognize the 469.6 tons of NOX per year
and 215.7 tons of VOC per year emission reduction credits created by
the shutdown of the Sharon Steel facility.
Pennsylvania Electric Company (Penelec)--Williamsburg RACT
This revision establishes RACT for three, now shutdown, emission
units at Pennsylvania Electric Company (Penelec)--Williamsburg Station,
located in Blair County. These units are the unit #11 boiler, auxiliary
boiler, and all fugitive VOC sources. All of these emission units
ceased operation and were retired on January 18, 1991. In general, the
RACT requirements include operation and maintenance in accordance with
manufacturer specifications and good air pollution control practices to
minimize NOx and VOC emissions in addition to VOC and NOX
emission rate limitations and VOC and NOX annual emission caps.
EPA is also using this document to recognize the 869 tons of NOX
per year and 3.37 tons of VOC per year emission reduction credits
created by the shutdown of the Penelec--Williamsburg facility.
The specific emission limitations and other RACT requirements for
these facilities are summarized in the accompanying Technical Support
Document, which is available from the EPA Region III office, listed in
the ADDRESSES section of this notice. The source-specific RACT
determinations that are being approved into the Pennsylvania SIP are
those that were submitted by PADEP for Caparo Steel, Sharon Steel, and
Penelec--Williamsburg on August 1, 1995, December 8, 1995, June 10,
1996, and September 13, 1996.
EPA is approving these SIP revisions without prior proposal because
the Agency views these as noncontroversial amendments and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revisions
should adverse or critical comments be filed. This action will be
effective February 21, 1997 unless, within 30 days of publication,
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 February 21, 1997.
Final Action
EPA is approving the RACT determinations for Caparo Steel Company,
Sharon Steel Company, and Pennsylvania Electric Company (Penelec)--
Williamsburg Station. EPA is approving an operating permit for Caparo
Steel and a plan approval for Sharon Steel, and incorporating them by
reference in the Pennsylvania SIP. At 40 CFR 52.2037, EPA is also
approving and codifying the RACT determination for Penelec--
Williamsburg, and those RACT requirements for Caparo Steel and Sharon
Steel not covered by the operating permit and plan approval being
approved and incorporated by reference into the Pennsylvania SIP at 40
CFR 52.2020. At 40 CFR 52.2036, EPA is approving 1990 baseyear
emissions for three emission units at Sharon Steel.
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.
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.
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
[[Page 67231]]
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
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 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).
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 proposed/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.
Under section 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
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to the VOC and NOX RACT
determination for Caparo Steel Company, Sharon Steel Company, and
Pennsylvania Electric Company (Penelec)--Williamsburg Station, must be
filed in the United States Court of Appeals for the appropriate circuit
by February 21, 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: November 22, 1996.
Stanley L. Laskowski, 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 paragraph (c)(113) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(113) Revisions to the Pennsylvania Regulations, Chapter 129.93
pertaining to VOC and NOX RACT, submitted on August 1, 1995,
December 8, 1995, June 10, 1996, and September 13, 1996, by the
Pennsylvania Department of Environmental Resources (now known as the
Pennsylvania Department of Environmental Protection):
(i) Incorporation by reference.
(A) Four letters, dated August 1, 1995, December 8, 1995, June 10,
1996, and September 13, 1996, from the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection) transmitting source-specific VOC and/or
NOX RACT determinations for Caparo Steel Company (Mercer Co.)--
steel mill, Sharon Steel Company (Mercer Co.)--steel mill, and
Pennsylvania Electric Company (Penelec)--Williamsburg Station (Blair
Co.)--utility.
(B) Plan approval (PA) and Operating permit (OP):
(1) Caparo Steel Company--OP 43-285, effective November 3, 1995,
except condition #9 pertaining to non-NOX and non-VOC pollutants.
(2) Sharon Steel Company--PA 43-017, effective November 3, 1995,
except condition #9 pertaining to non-NOX and non-VOC pollutants.
(ii) Additional material.
(A) Remainder of August 1, 1995, December 8, 1995, June 10, 1996,
and September 13, 1996, State submittals pertaining to Caparo Steel
Company, Sharon Steel Company, and Pennsylvania Electric Company
(Penelec)--Williamsburg Station.
3. Section 52.2037 is amended by adding paragraphs (e), (f), and
(g) to read as follows:
Sec. 52.2037 Control Strategy: Carbon monoxide and ozone
(hydrocarbons).
* * * * *
(e) Sharon Steel Company--VOC and NOX RACT determination for
three emission units at Sharon Steel Company, not covered by plan
approval PA 43-017: Blast Furnace Operations (flame suppression,
heaters and torpedo cars, tuyeres), Basic Oxygen Furnace Shop (scrap
preheating, ladle preheating and heaters), Blast Furnace Casthouse.
NOX RACT for the Blast Furnace Operations is determined to be good
air pollution control practices such that NOX emissions do not
exceed: 100 pounds of NOX per million cubic feet (lb NOX/
MMft3) of natural gas and 10.69 tons of NOX per year (TPY)
for flame suppression, heaters, and torpedo cars; and 140 lb NOX/
MMft3 of natural gas and 0.6 TPY for tuyeres. VOC RACT for the
Blast Furnace Operations is determined to be good air pollution control
practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft3
of natural gas and 0.41 TPY for flame suppression, heaters and torpedo
cars; and 2.8 lb VOC/MMft3 of natural gas and 0.01 TPY for
tuyeres. NOX RACT for the Basic Oxygen Furnace Shop is determined
to be good air pollution control practices such that NOX emissions
do not exceed: 100 lb NOX/MMft3 of natural gas and 1.1 TPY
[[Page 67232]]
for scrap preheating; and 140 lb NOX/MMft3 of natural gas and
10.8 TPY for ladle preheating and heaters. VOC RACT for the Basic
Oxygen Furnace Shop is determined to be good air pollution control
practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft3
of natural gas and 0.04 TPY for scrap preheating; and 2.8 lb VOC/
MMft3 of natural gas and 0.22 TPY for ladle preheating and
heaters. NOX RACT for the Blast Furnace Casthouse is determined to
be good air pollution control practices such that NOX emissions do
not exceed 0.03 lb NOX/ton of steel processed and 11.0 TPY.
(f) Pennsylvania Electric Company--Williamsburg Station--VOC and
NOX RACT determination for three emission units at Pennsylvania
Electric Company (Penelec)--Williamsburg Station: unit #11 boiler,
auxiliary boiler, fugitive VOC sources. NOX and VOC RACT for the
unit #11 boiler is determined to be good air pollution control
practices such that emissions limits shall be 21.7 pounds of NOX
per million British thermal units (lb/MMBtu) and 0.1459 lb/MMBtu of No.
2 oil fired with annual fuel usage records, and no more than 867 tons
per year (TPY) of NOX and 3 TPY of VOC. NOX and VOC RACT for
the auxiliary boiler is determined to be the requirements of 25 Pa Code
129.93 (c)(1), pertaining to units with individual rated gross heat
inputs less than 20 million British thermal units per hour (MMBtu/hr)
of operation maintenance and operation in accordance with
manufacturer's specifications, and the units are operated using good
air pollution control practices.
(g) Caparo Steel Company--VOC and NOX RACT determination for
four emission units at Caparo Steel Company, not covered by operating
permit OP 43-285: Package boilers, BW boiler #1, BW boiler #2, and BW
boiler #3. NOX RACT for the package boilers is determined to be
good air pollution control practices such that NOX emissions do
not exceed 550 pounds of NOX per million cubic feet (lb NOX/
MMft3) of natural gas and 529.82 tons of NOX per year (TPY).
VOC RACT for the package boilers is determined to be good air pollution
control practices such that VOC emissions do not exceed 1.4 lb VOC/
MMft3 of natural gas and 1.35 TPY. NOX RACT for each of the
BW boilers is determined to be good air pollution control practices
such that NOX emissions do not exceed 23 lb NOX/MMft3 of
BFG and 80.1 TPY.
4. Section 52.2036 is amended by adding paragraph (f) to read as
follows:
Sec. 52.2036 1990 Baseyear emission inventory.
* * * * *
(f) Sharon Steel Company 1990 VOC and NOX emissions for three
emission units (Blast Furnace Operations, Basic Oxygen Furnace Shop,
Blast Furnace Casthouse), submitted June 10, 1996, are approved. Sharon
Steel Company is located in Mercer County, Pennsylvania, which is in a
marginal ozone nonattainment area. The 1990 VOC and NOX emissions
from the Blast Furnace Operations (flame suppression, heaters and
torpedo cars, flare stack, tuyeres) are 0.4 TPY and 49.3 TPY,
respectively. The 1990 VOC and NOX emissions from the Basic Oxygen
Furnace Shop (scrap preheating, ladle preheating and heaters) are 1.4
TPY and 39.6 TPY, respectively. The 1990 VOC and NOX emissions
from the Blast Furnace Casthouse are 205.4 TPY and 11.0 TPY,
respectively.
[FR Doc. 96-32369 Filed 12-19-96; 8:45 am]
BILLING CODE 6560-50-P
