[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5303-5306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2967]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 70-1-7207a; FRL-5338-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of Source-Specific VOC and NOX RACT and
Synthetic Minor Permit Conditions
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 one major source and establishes permit conditions to limit eight
source's emissions to below major source threshold levels. The intended
effect of this action is to approve source-specific plan approvals and
operating permits, which establish the above-mentioned requirements in
accordance with the Clean Air Act. This action is being taken under
section 110 of the Clean Air Act.
DATES: This action is effective April 12, 1996 unless notice is
received on or before March 13, 1996 that adverse or critical comments
will be submitted. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, 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 Resources, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 597-4554, at the
EPA Region III address above, or by E-mail at
Rehn.Brian@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: On August 1, 1995, the Commonwealth of
Pennsylvania submitted formal revisions to its State Implementation
Plan (SIP). The SIP revision consists of a group of plan approvals and
operating permits for individual sources of volatile organic compounds
and/or nitrogen oxides located in Pennsylvania. This rulemaking
addresses those plan approvals and operating permits pertaining to the
following sources: (1) James River Corporation--Chambersburg, (2)
Appleton Papers, Inc.--Cumberland County , (3) Air Products &
Chemicals, Inc.--Trexlortown, (4) Elf Atochem North America, Inc., (5)
York City Sewer Authority--Manchester Township, (6) Glasgow, Inc.--Ivy
Rock Plants, (7) Glasgow, Inc.--Spring House Plants, (8) Glasgow,
Inc.--Catanach Plant, (9) Glasgow, Inc.--Freeborn Asphalt Plant. The
remaining plan approvals and operating permits submitted on August 1,
1995 with those being approved today will be addressed in a later
rulemaking notice.
Pursuant to section 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. Major source size is
determined by a source's location, the classification of the area where
the source is located, and whether it is located in an ozone transport
region (OTR)--as established by the CAA. The Pennsylvania portion of
the Philadelphia ozone nonattainment area is classified as severe, and
consists of Bucks, Chester, Delaware, Montgomery, and Philadelphia
Counties. For severe ozone nonattainment areas, the Clean Air Act
requires RACT for sources emitting 25 tons or more per year of VOCs, or
for sources emitting at least 25 tons per year of NOX.
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, moderate ozone
nonattainment area requirements (including RACT as defined in section
182(b)(2) and 182(f)) apply throughout the OTR. Therefore, RACT is
applicable statewide in Pennsylvania. The Clean Air Act requires RACT
for sources emitting 50 tons per year or more of VOCs, or 100 tons per
year or more of NOX.
The August 1, 1995 Pennsylvania submittals that are the subject of
this notice, are meant to satisfy the RACT requirements for one source
in Pennsylvania and to limit the potential VOC and/or NOX
emissions at eight sources to below the major source size threshold in
order to avoid RACT requirements.
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 and will not be reiterated in
this notice. Briefly, EPA is
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approving one operating permit as RACT and eight operating permits as a
revision to the Pennsylvania SIP to limit those source's emissions to
below the major source threshold. 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 Permit
EPA is approving the operating permit (OP 28-2006) for the James
River Corporation's facility, located in Chambersburg, Franklin County.
James River Corporation operates a lithographic printing facility which
is considered a major source of VOC emissions. The specific emission
limitations and other RACT requirements for this source is summarized
in the accompanying technical support document, which is available from
EPA's Region III office. A source-specific RACT emission limitation
that is approved into the Pennsylvania SIP is only the one which has
been officially submitted for approval on August 1, 1995, and is the
subject of a rulemaking notice. Emission limitations approved within
this notice will remain unless and until they are replaced pursuant to
40 CFR part 51 and approved by the U.S. EPA.
Synthetic Minor Source Permits (Sources Located in the OTR Portion of
Pennsylvania, but Outside of Philadelphia)
The three sources below are located outside of the Philadelphia
ozone nonattainment area, but lie within the Northeast OTR established
by the Clean Air Act. Each of these three sources would have the
potential to emit at least 50 tons per year of VOCs and/or 100 tons per
year of NOX, and without limiting permit conditions or controls,
could be defined as a major source under the Clean Air Act. However,
each of these sources has agreed to enforceable permit conditions which
limit actual emissions to below major source thresholds.
Therefore, EPA is approving the operating permit (OP 21-2004) for
Appleton Papers, Inc., located in Lower Allen Township in Cumberland
County. Appleton Papers is a surface coating installation, specializing
in the production of carbonless reproduction paper and, without
limiting permit conditions or controls, would be a major source of both
NOX and VOCs. Appleton Papers has agreed to permit conditions
limiting their NOX emissions to below the major source threshold.
Additionally, Appleton Papers is subject to VOC RACT for surface
coating operations under state regulation 25 PA Code, 129.52(b), and is
therefore not required to submit a case-by-case RACT determination for
its VOC emissions.
Air Products, Inc.'s Trexlortown facility in Lehigh County operates
numerous boilers, heaters, and support equipment, and without limiting
permit conditions or controls, would be considered a major source of
NOX. However, EPA is approving an operating permit (OP 39-0008)
for Air Products and Chemicals Trexlortown facility which caps NOX
emissions to below 100 tons per year, and qualifies the source as a
synthetic minor.
EPA is approving the operating permit (OP 67-2013) for the York
City Sewer Authority's waste water treatment plant, located in
Manchester Township in York County. Without permit limitations or
controls, this facility would be considered a major source of NOX.
However the City has agreed to permit limitations which qualify the
plant as a synthetic minor source.
The approval of the synthetic minor permit conditions for the
sources above limit the emissions at each of these facilities to less
than the major source thresholds, and allow the sources to avoid being
subject to major source RACT requirements. For details of the permit
emission limitations for each of the above sources, please refer to the
technical support document contained in the docket for this action.
Synthetic Minor Permits (Sources Within the Philadelphia Nonattainment
Area)
The five sources below are located within the five-county
Philadelphia ozone nonattainment area. Each of these sources has the
potential to emit at least 25 tons per year of VOCs and/or 25 tons per
year of NOX, and each would therefore be considered a major
source. However, these sources have agreed to enforceable permit
conditions which limit actual emissions to below major source
thresholds, and they are qualified as synthetic minor sources.
Elf Atochem is a chemical research and development facility located
in Upper Merion Township in Montgomery County. Elf Atochem would be
considered a major source of NOX (without limiting permit
conditions or controls). However, since the company's operating permit
(OP 46-0022) limits its NOX emissions to below the major source
threshold, EPA is approving the permit as a synthetic minor.
EPA is approving the operating permit (OP 46-0043) for Glasgow,
Inc.'s two Ivy Rock plants, located in Plymouth Township in Montgomery
County. Glasgow, Inc. operates asphalt batching facilities in Plymouth
Township which, without permit limitations or controls, would be
considered a major source of both VOC and NOX. Glasgow, Inc has
capped their NOX and VOC emissions from its Ivy Rock facilities
operating permit to below major source thresholds, and qualifies for
consideration as a synthetic minor source.
EPA is approving the operating permit (OP 46-0029) for Glasgow,
Inc.'s two Spring House plants, located in Montgomery County. Glasgow
operates asphalt batching plants in Montgomery Township, which would be
defined as a major source of both VOC and NOX, without permit
limitations or controls. Since the source has limited these emissions
to below major source thresholds, EPA is approving the source's permit
as a synthetic minor.
EPA is approving the operating permit (OP 15-0021) for Glasgow,
Inc.'s Catanach plant, located in East Whiteland Township in Chester
County. Without permit limits or controls, Glasgow's Catanach plant
would be considered a major source of both VOC and NOX. The source
has limited its emissions to below major source thresholds, and
qualifies as a synthetic minor.
EPA is approving the operating permit (OP 23-0026) for Glasgow,
Inc.'s Freeborn plant, located in Springfield Township in Delaware
County. Glasgow's Freeborn plant would also be considered a major
source of both VOC and NOX, without permit limitations or
controls, but the source has agreed to limit its emissions as a
synthetic minor.
The approval of the synthetic minor permit conditions for these
sources limit emissions at these facilities to less than major source
thresholds, and allow the sources to avoid being subject to major
source RACT requirements. For details of the emission limitations
contained in the permits for each of the above sources, refer to the
technical support document contained in the docket for this action.
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 April 12, 1996 unless, by March 13, 1996, adverse or critical
comments are received.
If EPA receives such comments, this action will be amended before
the
[[Page 5305]]
effective date by publishing a subsequent document that will withdraw
the final action for those permits that are the subject of adverse
comments. All public comments received regarding those permits 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 April 12, 1996.
Final Action
EPA is approving one operating permit as RACT and eight operating
permits to limit emissions at those subject sources to below major
source emission levels.
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.
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.
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 that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the 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.
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
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, pertaining to the VOC and NOX RACT
approval of one source and the synthetic minor permit conditions for
eight additional sources, must be filed in the United States Court of
Appeals for the appropriate circuit by April 12, 1996. 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, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: November 24, 1995.
W. Michael McCabe,
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)(104) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(104) Revisions to the Pennsylvania Regulations Chapter 129.91
submitted on August 1, 1995 by the Pennsylvania Department of
Environmental Protection:
(i) Incorporation by reference.
(A) Two letters, one dated August 1, 1995, from James Seif,
Secretary of the Pennsylvania Department of Environmental Protection,
transmitting source-specific VOC and/or NOX RACT determinations in
the form of operating permits for the following sources: James River
Corporation--Chambersburg (Franklin County)--printer. In addition,
operating permits for the following sources containing provisions
limiting these sources as ``synthetic minor'' sources (below RACT
threshold level for VOC and/or NOX emissions) are being approved:
Appleton Papers, Inc. (Cumberland County)--carbon paper producer; Air
Products & Chemicals, Inc.--Trexlortown (Lehigh County)--gas
production/storage facility; Elf Atochem North America, Inc.
(Montgomery County)--chemical research & development firm; York City
Sewer Authority--Manchester Township (York County)--waste water
treatment facility; Glasgow, Inc.--Ivy Rock Plants 1 & 2 (Montgomery
County)--asphalt production facility; Glasgow, Inc.--Catanach Plant
(Chester County)--asphalt production facility; Glasgow, Inc.--Freeborn
Asphalt Plant (Delaware County)--asphalt production facility.
(B) One letter, dated November 15, 1995, from James Seif, Secretary
of the Pennsylvania Department of Environmental Protection,
transmitting source-specific VOC and/or NOX RACT determinations in
the form of operating permits including the following source: Glasgow,
Inc.--Spring House Plants 1 & 2 (Montgomery County)--asphalt production
facility;
(C) Operating permits (OP):
(1) James River Corporation--OP 28-2006, effective June 14, 1995,
except the expiration date of the operating permit.
(2) Appleton Papers, Inc.--OP 21-2004, effective May 24, 1995,
except the expiration date of the operating permit.
(3) Air Products and Chemicals, Inc.--OP 39-0008, effective May 25,
1995, except the expiration date of the operating permit.
(4) Elf Atochem North America, Inc.--OP 46-0022, effective June 27,
1995, except the expiration date of the operating permit.
(5) York City Sewer Authority, Manchester Township--OP 67-2013,
effective March 1, 1995, except the expiration date of the operating
permit.
[[Page 5306]]
(6) Glasgow, Inc., Ivy Rock Asphalt Plants 1 & 2--OP 46-0043,
effective June 7, 1995, except for the expiration date of the operating
permit.
(7) Glasgow, Inc., Spring House Asphalt Plants 1 & 2--OP 46-0029,
effective June 7, 1995, except for the expiration date of the operating
permit.
(8) Glasgow, Inc., Catanach Asphalt Plant--OP 15-0021, effective
June 7, 1995, except for the expiration date of the operating permit.
(9) Glasgow, Inc., Freeborn Asphalt Plant--OP 23-0026, effective
June 7, 1995, except for the expiration date of the operating permit.
[FR Doc. 96-2967 Filed 2-9-96; 8:45 am]
BILLING CODE 6560-50-P
