[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35145-35147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17117]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA-4071a; FRL-6104-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of VOC 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) reasonably
available control technology (RACT) for eight (8) major sources located
in Pennsylvania. The intended effect of this rule is to approve source-
specific plan approvals and operating 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 final rule is effective August 28, 1998 unless the Agency
receives adverse comment by July 29, 1998. Should the Agency receive
adverse or critical comments it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
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 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 April 16, 1996 and March 24, 1998, 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 eight (8) 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 (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 eight
(8) major sources. Several of the operating permits contain conditions
irrelevant to the determination of VOC RACT. Consequently, these
provisions are not being included in this approval for source-specific
VOC RACT.
RACT Determinations
The following table identifies the individual operating 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Plan
approval
(PA #)
operating
Source County permit (OP Source type ``Major source'' pollutant
#)
compliance
permit (CP
#)
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Fibre-Metal Products Company. Delaware.............................. 23-0025 Miscellaneous VOC
manufacturing (safety
products).
Finnaren & Haley, Inc............ Montgomery............................ 46-0070 Paint manufacturing...... VOC
Fres-co System USA, Inc.......... Bucks................................. 09-0027 Graphic arts............. VOC
Graphic Packaging Corp........... Chester............................... 15-0013 Graphic arts............. VOC
[[Page 35146]]
Montour Oil Service Company...... Lycoming.............................. 41-0013 Petroleum storage and VOC
distribution terminal.
Atlantic Refining and Marketing Northumberland........................ 49-0015 Petroleum storage and VOC
Corporation. distribution terminal.
Transwall Corp................... Chester............................... 15-0025 Graphic arts............. VOC
Tavo Packaging, Inc.............. Bucks................................. 09-0008 Miscellaneous VOC
manufacturing (office
furniture).
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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 August 28, 1998
without further notice unless the Agency receives relevant adverse
comments by July 29, 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 August 28, 1998 and no further action will be taken on
the proposed rule. If adverse comments are received that do not pertain
to all paragraphs subject to 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 eight (8) operating permits as VOC RACT for eight
(8) 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
[[Page 35147]]
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 August 28, 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 action to approve VOC 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).)
F. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to
any rule that is (1) likely to be ``economically significant'' as
defined under Executive Order 12866, and (2) the Agency has reason to
believe that the environmental health or safety risk addressed by the
rule may have a disproportionate effect on children. If a regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045, ``Protection of Children
from Environmental Health Risks and Safety Risks'' because this is not
an ``economically significant'' regulatory action as defined by E.O.
12866, and because it does not involve decisions on environmental
health or safety risks that may disproportionately affect children.
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: May 13, 1998.
William 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)(132) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(132) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC RACT, submitted on April 16, 1996 and March 24, 1998
by the Pennsylvania Department of Environmental Protection.
(i) Incorporation by reference.
(A) Two (2) letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC RACT
determinations in the form of operating permits on the following dates:
April 16, 1996 and March 24, 1998.
(B) Operating permits (OP):
(1) The Fibre-Metal Products Company (Delaware County), OP 23-0025,
effective February 20, 1998, except for the expiration date and
conditions Nos. 16 and 17 relating to non-RACT provisions.
(2) Finnaren & Haley, Inc. (Montgomery County), OP 46-0070,
effective March 5, 1998, except for the expiration date and conditions
Nos. 13 and 15 relating to non-RACT provisions.
(3) Fres-co System USA, Inc. (Bucks County), OP 09-0027, effective
March 5, 1998, except for the expiration date and conditions No. 22
relating to non-RACT provisions.
(4) Graphic Packaging Corporation (Chester County), OP 15-0013,
effective February 28, 1998, except for the expiration date and
conditions Nos. 19 and 20 relating to non-RACT provisions.
(5) Montour Oil Service Company (Lycoming County), OP 41-0013,
effective March 19, 1998, except for the expiration date and conditions
Nos. 7 and 9 relating to non-RACT provisions.
(6) Atlantic Refining and Marketing Corporation (Northumberland
County), OP 49-0015, effective March 19, 1998, except for the
expiration date and conditions Nos. 8 and 10 relating to non-RACT
provisions.
(7) Transwall Corporation (Chester County), OP 15-0025, effective
March 10, 1998, except for the expiration date and conditions Nos. 15,
19, and 21 relating to non-RACT provisions.
(8) Tavo Packaging, Inc. (Bucks County), OP 09-0008, effective
November 8, 1995 except for the expiration date and condition No. 7
relating to non-RACT provisions.
(ii) Additional material.
(A) Remainder of the Commonwealth of Pennsylvania's April 16, 1996
and March 24, 1998 VOC and NOX RACT SIP submittals for the
relevant sources.
(B) Additional clarifying material submitted by Pennsylvania:
Letter dated March 24, 1998 from James M. Seif, Secretary, Pennsylvania
Department of Environmental Protection providing additional information
on Tavo Packaging, Inc.
[FR Doc. 98-17117 Filed 6-26-98; 8:45 am]
BILLING CODE 6560-50-P
