[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Rules and Regulations]
[Pages 11370-11372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5413]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA-4067a; FRL-5968-2]
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.
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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 volatile organic compounds (VOC) and nitrogen
oxides (NOX) reasonably available control technology (RACT)
for six (6) major sources located in Pennsylvania. The intended effect
of this action is to approve source-specific operating permits and
compliance permits that establish the above-mentioned RACT 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 May 8, 1998, unless notice is received
on or before April 8, 1998, 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 David Campbell, Air Protection
Division, Mailcode 3AP11, 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 Protection 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; 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 J. Campbell, (215) 566-2196, at
the EPA Region III office or via e-mail at
campbell.dave@epamail.epa.gov. While information may be requested via
e-mail, any comments must be submitted in writing to the above Region
III address.
SUPPLEMENTARY INFORMATION: On December 31, 1997, 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 six (6) sources in Pennsylvania.
Summary of SIP Revision
The details of the RACT requirements for the source-specific
operating and compliance 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 six
(6) major sources. 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 source-specific VOC or NOX RACT.
RACT Determinations
The following table identifies the individual operating and
compliance 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
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Operating permit
Source County (OP #), compliance Source type ``Major source''
permit (CP #) pollutant
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Allegro MicroSystems W.G. Inc.. Montgomery......... OP 46-0006 Semiconductor VOC
manufacturing.
Hale Products, Inc............. Montgomery......... OP 46-0057 Foundry........... VOC
Con-Lime....................... Centre............. OP 14-0001 Lime manufacturing NOX
Coastal Aluminum Rolling Mills, Lycoming........... OP 41-0007 Secondary metal VOC
Inc. processing.
International Envelope Company. Chester............ OP 15-0023 Printing.......... VOC
[[Page 11371]]
Brown Printing Company......... Montgomery......... CP 46-0018 Printing.......... NOX, VOC
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EPA is approving this rule without prior proposal because the
Agency views this as a noncontroversial amendment 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 or
critical comments be filed. This rule will be effective May 8, 1998,
without further notice unless the Agency receives relevant adverse
comments by April 8, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule did
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 on the proposed rule. Only parties
interested in commenting on this rule should do so at this time. If no
such comments are received, the public is advised that this rule will
be effective on May 8, 1998, and no further action will be taken on the
proposed rule. If adverse comments are received that do not pertain to
all paragraphs in 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.
Final Action
EPA is approving five (5) operating permits and one (1) compliance
permit as RACT for six (6) individual sources.
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
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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
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).
C. Unfunded Mandates Act
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
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.
E. 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 May 8, 1998. Filing a
petition for reconsideration by the Regional 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
[[Page 11372]]
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: February 3, 1998.
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 et seq.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(130) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(130) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on December 31,
1997 by the Pennsylvania Department of Environmental Protection.
(i) Incorporation by reference.
(A) A December 31, 1997 letter submitted by the Pennsylvania
Department of Environmental Protection transmitting source-specific VOC
and/or NOX RACT determinations in the form of operating and
compliance permits.
(B) Operating permits (OP), compliance permits (CP):
(1) Allegro MicroSystems W.G., Inc. (Montgomery County)--OP 46-
0006, effective December 19, 1997, except for the expiration date and
items Nos. 9, 13 and 14(D) relating to non-RACT provisions.
(2) Hale Products, Inc. (Montgomery County)--OP 46-0057, effective
November 21, 1997, except for the expiration date.
(3) Con-Lime, Inc. (Centre County)--OP 14-0001, effective January
7, 1998, except for the expiration date and items (or portions thereof)
Nos. 8, 9, 17, 18, 19, 20, 21, 22, 24, 25, and 28 relating to non-RACT
provisions.
(4) Coastal Aluminum Rolling Mills, Inc. (Lycoming County)--OP 41-
0007, effective November 21, 1997, except for the expiration date and
items (or portions thereof) Nos. 9, 20, and 28 relating to non-RACT
provisions.
(5) International Envelope Company (Chester County)--OP 15-0023,
effective November 2, 1995, except for the expiration date.
(6) Brown Printing Company (Montgomery County)--CP 46-0018,
effective September 26, 1996, except for the expiration date.
(ii) Additional material.
(A) Remainder of the Commonwealth of Pennsylvania's December 31,
1997 VOC and NOX RACT SIP revision submittal.
[FR Doc. 98-5413 Filed 3-6-98; 8:45 am]
BILLING CODE 6560-50-U
