[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31379]
[[Page Unknown]]
[Federal Register: December 22, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA23-1-5641a; FRL-5109-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania: Control of Volatile Organic Compounds (VOC) From Surface
Coating, Pneumatic Rubber Tire Manufacturing, Graphic Arts and
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Equipment
Leaks
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 corrects
deficiencies and adds requirements for the control of VOCs from surface
coating, pneumatic rubber tire manufacturing, graphic arts and
synthetic organic chemical manufacturing industry (SOCMI) equipment
leaks. The intended effect of this action is to approve these
Pennsylvania VOC regulations as a revision to the SIP. This action is
being taken pursuant to section 110 of the Clean Air Act (CAA).
DATES: This action will become effective February 21, 1995, unless
adverse or critical comments are received on or before January 23,
1995. If the effective date is delayed, timely notice will be published
in the Federal Register.
ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, 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 and Radiation
Docket and Information Center in the Air, Radiation, and Toxics
Division, U.S. Environmental Protection Agency, Region III, 841
Chestnut Building, Philadelphia, Pennsylvania 19107; and Pennsylvania
Department of Environmental Resources Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Aquanetta Dickens, (215) 597-3164 at
the Region III address above.
SUPPLEMENTARY INFORMATION: On December 31, 1985, June 29, 1988, and
August 19, 1992, the Pennsylvania Department of Environmental Resources
(PADER) formally submitted amendments to 25 Pa Code Chapter 121--
General Provisions and Chapter 129--Standards for VOC as SIP revisions.
These revisions were submitted by PADER to correct existing
deficiencies in its VOC regulations and to control emissions as part of
the Reasonably Available Control Technology (RACT) Fix-up requirement
of Section 182 of the CAA. Specifically, this document approves the
addition of Sec. 129.72--Manufacture of Sulfonates (Surface Active
Agents) and Sec. 129.71--Synthetic Organic Chemical Manufacturing
Industry Equipment (SOCMI) Leaks into the PADER SIP submitted on
December 31, 1985 and June 29, 1988, as well as amendments to the
following section of 25 PA Code Sec. 121.4--Regional Organization of
the Department; Sec. 129.51 General--VOC Recordkeeping Requirements;
Sec. 129.52--Surface Coating; Sec. 129.62--General Standards for Bulk
Gasoline Terminals, Bulk Gasoline Plants and Small Gasoline Storage
Tanks; Sec. 129.66--Compliance Schedules and Final Compliance Dates;
Sec. 129.67--Graphic Arts; and Sec. 129.69--Pneumatic Rubber Tire
Manufacturing; Sec. 129.72--Manufacture of Sulfonates (Surface Active
Agents) and Sec. 129.71--Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Equipment Leaks contained in the August 19, 1992
submittal.
The December 31, 1985 and June 29, 1988 submittals also included a
request that EPA approve the addition of the Commonwealth's wood
cabinet and wood furniture finishing rule into the Pennsylvania's SIP.
That regulation is the subject of a separate rulemaking document.
On May 26, 1988, EPA issued a SIP call letter to Pennsylvania
notifying the Commonwealth that its SIP was substantially inadequate to
achieve the National Ambient Air Quality Standard (NAAQS) for ozone. In
a June 14, 1988 follow-up letter, EPA notified PADER of deficiencies in
its existing VOC regulations which needed to be corrected in order to
make the regulations consistent with EPA policy and guidance. A SIP
call letter is a finding made by EPA that the SIP does not provide for
attainment by the required date, (section 110(a)(2)(H) of the Act, as
amended, 42 U.S.C. 7410(a)(2)(H); 42 U.S.C. 7410(A)(K)(5)). EPA's
review of this material indicates that PADER has addressed the
deficiencies pertaining to the correction of State VOC regulations
required by section 182(a)(2)(A) and section 184(b) of the Act, as
amended in 1990.
Summary of the SIP Revision
Section 121.4--Regional Organization of the Department
The PADER revised the names and the counties included in the six
administrative regions for the purpose of air pollution control.
Southeast Region: Bucks, Chester, Delaware, Montgomery and Philadelphia
Counties; Northeast Region: Carbon, Lackawanna, Lehigh, Luzerne,
Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne and Wyoming
Counties; Southcentral Region: Adams, Bedford, Berks, Blair,
Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster,
Lebanon, Mifflin, Perry and York Counties; Northcentral Region:
Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming,
Montour, Northumberland, Potter, Synder, Sullivan, Tioga, and Union
Counties; Southwest Region: Allegheny, Armstrong, Beaver, Cambria,
Fayette, Greene, Indiana, Somerset, Washington and Westmoreland
Counties; Northwest Region: Butler, Clarion, Crawford, Elk, Erie,
Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren
Counties.
Section 129.51--General
Section 129.51(d) was amended to add general recordkeeping
requirements for regulated sources of VOCs subject to the emission
limitations and control requirements in Chapter 129. Section 129.51
requires the owner or operator of a facility or source to keep records
to demonstrate compliance with the applicable limitation or control
requirement. Those records are to provide sufficient data and
calculations which clearly demonstrate that the emission limitations or
control requirements are met. The data or information required to
determine compliance with the applicable limitation are to be recorded
and maintained in a timeframe consistent with the averaging period of
the standard. The records are to be retained at least two years and
made available to PADER on request. A facility or source which claims
exemption from the emission limitations and control requirements is to
maintain records adequate to demonstrate that the facilities and
sources are entitled to the exemption.
Section 129.52--Surface Coating Processes
Section 129.52(a) was changed to expand the applicability of the
surface coating requirements to statewide for facilities with emissions
greater than 2.7 tons/yr., 15 lbs/day, or 3 lbs/hr. before controls.
Section 129.62--General Standards for Bulk Gasoline Terminals, Bulk
Plants and Small Gasoline Storage Tanks
Subsection (c) specifies that a person may not allow a gasoline
tank truck subject to Sec. 129.59--Bulk Gasoline Terminals,
Sec. 129.60--Bulk Gasoline Plants or Sec. 129.61--Small Gasoline
Storage Tank Control to be filled or emptied statewide unless the
gasoline tank truck meets the requirement below.
The word ``annual'' was deleted from subsection (c)(1) to add ``12
months.'' The gasoline tank truck leak check requirement was revised to
clarify the annual gasoline tank truck leak check requirement to add
that the owner or operator subject to the requirements of
Sec. 129.62(c) may not allow a tank to be filled or emptied statewide
unless the gasoline tank truck has been tested by the owner or operator
within the immediately preceding 12 months in accordance to the
applicable test method and procedure in Sec. 139.14--Emissions of VOCs.
Section 129.66--Compliance Schedules and Final Compliance Dates
This regulation adds a one year compliance interval for existing
sources newly subject to the requirements of Sec. 129.52, Secs. 129.59-
129.61, Secs. 129.67-129.69 as a result of the revised applicability
requirements, and to the newly affected pneumatic rubber manufacturing
facilities and surface coating processes subject to the emission
standards. Newly subject sources or facilities are those existing
sources which were not previously subject to the emission limitations
because they emitted less than the cutoff levels or operated at de
minimis production levels prior to the date of publication of the
limitation in the Pennsylvania Bulletin, but are now subject to the
standard because they meet or exceed the cutoff levels; compliance
shall be achieved by May 23, 1993. Section 129.68--Manufacture of
Synthesized Pharmaceutical Products was deleted from this section
because the compliance schedule (August 3, 1992) for this source
category was the subject of a separate rulemaking.
Section 129.67--Graphic Arts Systems
Section 129.67(e) establishes a requirement that the emissions of
VOCs used in clean-up operations shall be summed with emissions from
surface coating and printing to determine the applicability of the
graphic arts regulatory requirements.
Section 129.69--Manufacture of Pneumatic Rubber Tires
The VOC control requirements in Section 129.69(a) are revised to
delete the 5,000 tire/day exemption level, add the definitions of
pneumatic rubber tire manufacture and passenger type tire, specify
minimum control requirements for tire manufacturing, and allow an
affected tire manufacturer to petition for approval of an alternative
RACT control program. Such an alternative must be approved by PADER and
EPA as a SIP revision.
Pneumatic rubber tire manufacturing is defined as the production of
pneumatic rubber passenger-type on a mass production basis, and
passenger-type tires are agricultural, airplane, industrial, mobile
home, light or medium duty truck or passenger vehicle tires with bead
diameters up to 20 inches (50.8 centimeters) and cross-sectional
dimensions up to 12.8 inches (32.5 centimeters).
In addition, this section adds that the production of specialty
tires for antique or other vehicles, when produced on an irregular
basis or with short production runs and when produced on equipment
separate from normal production lines for passenger-type tires, are
exempt from the requirements of this section upon written approval from
PADER.
Subsection (b)(1) clarifies the requirement that the owner or
operator of an undertread cementing, tread-end cementing or bead
dipping operation subject to this section shall install and operate a
capture system designed to achieve maximum reasonable capture of at
least 85% by weight of VOC emitted, from all undertread cementing,
tread-end cementing and bead dipping operations.
Subsection (c)(1) deletes the 5% VOC content water-based spray
limit provision.
Subsection (d) deletes the 0.161 pound per tire emission limit, and
adds the requirement that as an alternative to meeting the specified
control level, an affected facility may develop and implement an
alternative RACT control program if the program is approved by the
PADER and EPA as a SIP revision.
Section 129.71--Synthetic Organic Chemical and Polymer Manufacturing-
Fugitive Sources
Section 129.71(a) applies to surface active agent manufacturing
facilities subject to Sec. 129.72 (relating to manufacturing of surface
active agents) and to facilities with design capability to manufacture
1,000 tons per year (tpy) or more of one or a combination of synthetic
organic chemicals listed in 40 CFR 60.489 (relating to list of
chemicals provided by affected facilities), Methyl tert-butyl ether,
polyethylene, polypropylene, or polystyrene. The previous 4,000 tpy
applicability level was deleted.
Subsection (c) requires the owner or operator of a newly affected
facility to complete, develop and initiate a leak detection program
including liquid leaks for pumps, valves, compressors, vessels, and
safety pressure relief valves and a repair program for these components
that cause a hydrocarbon detection instrument reading equal to or
greater than 10,000 ppm not later than May 23, 1993. The leak detection
and repair program shall include the following: a leak check during
every quarter of all components, by methods referenced in Sec. 139.14;
a waterproof identification tag is to be attached to the leaking
component (that is causing the instrument to read greater than 10,000
ppm) with the identification number and the date which the leak was
detected in a visible area; the repair and retest of a leaking
component must be done within 15 days from the date of detection; and
the identification tag must indicate if the component cannot be
repaired until a process shutdown that will not occur within 15 days
from the date of detection.
Subsection (2)(iv) was revised to require a weekly visual check of
all pumps in light liquid service for indications of leaks.
The fugitive emission leak check requirements in Sec. 139.14
(relating to emissions of VOCs) were separated from subsection (2)(iv)
and added as a new subsection, (2)(v). This new subsection specifies
that safety relief valves are subject to the requirements for
rechecking within 24 hours. The requirements for the recordkeeping and
reporting of the leak detection and repair program were separated from
subsection (2)(iv) and added as a new subsection, (2)(vi).
Section 129.72--Manufacture of Surface Active Agents
Section 129.72 requires a leak detection program (see Sec. 129.71
synthetic organic chemical and polymer manufacturing fugitive sources).
Subsection (b) of this section was amended to clarify the emission
control system efficiency requirements for surface active agent
manufacturing facilities with potential VOC emissions of greater than
100 tpy. Emission of VOCs in ambient air from solvent wash tanks,
reaction vessels, separators, distillation processes, solvent trippers
and solvent storage tanks may not be caused or permitted by any person
unless the emissions are exhausted through an emission reduction system
which is designed and operated to recover or destroy at least 90% by
weight of the VOC emissions exhausted to the emission reduction system.
EPA is approving this SIP revision without prior publication of a
notice of proposed rulemaking 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 February 21, 1995,
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 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, 1995.
Final Action
EPA is approving the addition of and revision to Pennsylvania's SIP
to control VOCs from Sec. 129.52 - surface coating, Sec. 129.69 -
pneumatic rubber tire manufacturing, Sec. 129.67 - graphic arts and
Sec. 129.72 - synthetic organic chemical manufacturing industry
equipment leaks which were submitted to EPA on December 31, 1985, June
29, 1988 and August 19, 1992. These revisions meet part of the RACT
Fix-up requirement of the Act, as amended.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
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. Secs. 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 Commonwealth 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. Secs. 7410(a)(2).
This action has been classified as a Table 2 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
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The OMB has exempted this
regulatory action from E.O. 12866 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 February 21, 1995. 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).)
The Regional Administrator's decision to approve or disapprove
Pennsylvania's SIP revisions to control VOCs from surface coating,
pneumatic rubber tire manufacturing, graphic arts and synthetic organic
chemical manufacturing industry equipment leaks SIP revision will be
based on whether it meets the requirements of Section 110(a)(2)(A)-(K),
and Part D of the Clean Air Act, as amended, and EPA regulations in 40
CFR part 51.
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Dated: September 21, 1994.
Stanley 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)(94) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(94) Revision to the Commonwealth of Pennsylvania Volatile Organic
Compound (VOC) Regulations, amending 25 Pa Code Chapters 121--General
Provisions and Chapter 129--Standards for Sources submitted on August
19, 1992, by the Pennsylvania Department of Environmental Resources
(PADER).
(i) Incorporation by reference.
(A) A letter of August 19, 1992, from PADER transmitting a state
implementation plan revision which corrects deficiencies and adds
requirements for the control of VOCs from surface coating, pneumatic
rubber tire manufacturing, graphic arts and synthetic organic chemical
manufacturing industry equipment leaks.
(B) 25 Pa Code, Chapter 121, Sec. 121.4; and 25 Pa Code, Chapter
129, Secs. 129.51, 129.52, 129.62, 129.66, 129.67, 129.69, 129.71 and
129.72, submitted on August 19, 1992 and effective on May 23, 1992.
[FR Doc. 94-31379 Filed 12-21-94; 8:45 am]
BILLING CODE 6560-50-P
