[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19047-19049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9950]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA-4055a; FRL-5809-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of Source-Specific VOC and NOX RACT
Determinations
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 nine major sources. The intended effect of this action is to approve
source-specific plan approvals, operating permits and one compliance
permit. This action is being taken under section 110 of the Clean Air
Act.
DATES: This final rule is effective June 2, 1997 unless within May 19,
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 J. Campbell, Pennsylvania
RACT Team Leader, Mailcode 3AT22, 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 the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 566-2185, or by
e-mail at lewis.janice@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 March 27, 1995, November 15, 1995 and May
2, 1996, the Commonwealth of Pennsylvania submitted a formal revision
to its State Implementation Plan (SIP). The SIP revision consists of
plan approvals, operating permits and one compliance permit for nine
individual sources of volatile organic compounds (VOCs) and/or nitrogen
oxides (NOX) located in Pennsylvania. This rulemaking addresses
the plan approvals and operating permits pertaining to the following
sources: (1) Maier's Bakery, Inc. (Reading Plant, Berks County)--
bakery; (2) Morgan Corporation (Morgantown Plant, Berks County)--heavy
duty truck manufacturer; (3) Allentown Cement Company (Maidencreek
Township, Berks County)--cement manufacturer; (4) Quaker Maid
(Ontelaunee Township, Berks County)--manufacturer of kitchen cabinets;
(5) Brentwood Industries, Inc. (Reading, Berks County)--manufacturer of
plastic products; (6) Metropolitan Edison Company (Cumru Township,
Berks County)--electric generation station; (7) ICI Fluoropolymers
(Caln Township, Chester County)--manufacturer of free flow
polytetrafluoroethylene (PTFE); (8) Synthetic Thread Company (City of
Bethlehem, Lehigh County)--manufacturer of coated nylon and polyester
thread; and (9) Bird-In-Hand Woodworks, Inc. (East Hempfield Township,
Lancaster County)--manufacturer of wood furniture for children.
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 March 27, 1995, November 15, 1995 and May 2, 1996 Pennsylvania
submittals that are the subject of this notice, are meant to satisfy
the RACT requirements for nine 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 and will not be reiterated in
this notice. Briefly, EPA is approving six plan approvals, three
operating permits and one compliance permit as RACT.
RACT
EPA is approving the operating permits of the following facilities
located in Pennsylvania: (1) Bird-In-Hand Wood Works, Inc. (East
Hempfield Township, Lancaster County)--manufacturer of wood furniture
for children--major source of VOC emissions; (2) Quaker Maid
(Ontenlaunee Township, Berks County)--manufacturer of kitchen cabinets
and finishing--major source of VOC emissions; and (3) Morgan
Corporation (Morgantown Plant, Berks County)--manufacturer of heavy
duty trucks--major source of VOC emissions.
EPA is approving the plan approval and one compliance permit of the
following facilities: (1) Maier's Bakery, Inc. (Reading Plant, Berks
County)--bakery--major source of VOC emissions; (2) Allentown Cement
Company (Maidencreek Township, Berks County)--cement manufacturer--
major source of NOx emissions; (3) Brentwood Industries, Inc. (Reading,
Berks County)--manufacturer of plastic products--major source of VOC
emissions; (4) Metropolitan Edison Company (Cumru Township, Berks
County)--electric generation station--major source of NOX
emissions; (5) ICI Fluoropolymers (Caln Township, Chester County)--
manufacturer of free flow polytetrafluoroethylene (PTFE)--major source
of VOC emissions; and (6) Synthetic Thread Company (City of Bethlehem,
Lehigh County)--manufacturer of coated nylon and polyester thread--
major source of VOC emissions.
The specific emission limitations and other RACT requirements for
these sources are summarized in the accompanying technical support
document, which is available from the EPA Region III office.
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 June 2, 1997 unless, by May 19, 1997, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the
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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 June 2, 1997.
Final Action
EPA is approving six plan approvals, three operating permits and
one compliance permit as RACT for nine individual sources located in
Pennsylvania.
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.
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).
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 requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
Under 5 U.S.C. 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 5
U.S.C. 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
determinations for nine sources in Pennsylvania, must be filed in the
United States Court of Appeals for the appropriate circuit by June 2,
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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: March 31, 1997.
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)(118) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(118) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOX RACT, submitted on March 27, 1995,
November 15, 1995 and May 2, 1996 by the Pennsylvania Department of
Environmental Resources (now know as the Pennsylvania Department of
Environmental Protection):
(i) Incorporation by reference.
(A) Four letters, dated March 27, 1995, November 15, 1995, May 2,
1996 and September 13, 1996, from the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC and/or
NOX RACT determinations in the form of plan approvals, operating
permits or a compliance permit for the following sources:
(1) Maier's Bakery, Inc. (Reading Plant, Berks County)--bakery;
(2) Morgan Corporation (Morgantown Plant, Berks County)--heavy duty
truck manufacturer;
(3) Allentown Cement Company (Maidencreek Township, Berks County)--
cement manufacturer;
(4) Quaker Maid (Ontelaunee Township, Berks County)--manufacturer
of kitchen cabinets;
(5) Brentwood Industries, Inc. (Reading, Berks County)--
manufacturer of plastic products;
(6) Metropolitan Edison Company (Cumru Township, Berks County)--
electric generation station;
(7) ICI Fluoropolymers (Caln Township, Chester County)--
manufacturer of free flow polytetrafluoro-ethylene (PTFE);
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(8) Synthetic Thread Company (City of Bethlehem, Lehigh County)--
manufacturer of coated nylon and polyester thread; and
(9) Bird-In-Hand Woodworks, Inc. (East Hempfield Township,
Lancaster County)--manufacturer of wood furniture for children.
(B) Plan approvals (PA), Operating Permits (OP) and a Compliance
Permit:
(1) Maier's Bakery, Inc.--PA 06-1023, effective September 20, 1995,
except for the expiration date of the plan approval.
(2) Morgan Corporation--OP 06-1025, effective August 31, 1995,
except the expiration date of the operating permit.
(3) Allentown Cement Company, Inc.--PA 06-1002, effective October
11, 1995, except for conditions #17, #20, #21 and #30 pertaining to
non-NOX and non-VOC pollutants and the expiration date of the plan
approval.
(4) Quaker Maid--OP 06-1028, effective October 27, 1995, except the
expiration date of the operating permit.
(5) Brentwood Industries, Inc.--PA 06-1006, effective February 12,
1996, except for the expiration date of the plan approval.
(6) Metropolitan Edison Company--PA 06-1024, effective March 9,
1995, except the expiration date of the plan approval and condition #13
pertaining to non-NOX and non-VOC pollutant.
(7) ICI Fluoropolymers --PA 15-0009 and CP 15-0009, effective
October 3, 1995, except the expiration date of the plan approval and
the compliance permit.
(8) Synthetic Thread Company--PA 39-0007A, effective August 10,
1995, except the expiration date of the plan approval.
(9) Bird-In-Hand Woodworks, Inc.--OP 36-2022, effective September
27, 1995, except for the expiration date of the operating permit.
(ii) Additional material.
(A) Remainder of March 27, 1995, November 15, 1995 and May 2, 1996
State submittals.
[FR Doc. 97-9950 Filed 4-17-97; 8:45 am]
BILLING CODE 6560-50-P
