[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38915-38917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19095]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA078-4042; FRL-5858-8]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Approval of Source-Specific RACT for R.R.
Donnelley & Sons Company--East Plant
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)
for R. R. Donnelley & Sons Company--East Plant, and approves a 1990
baseyear VOC emissions change for the facility. The intended effect of
this action is to approve a source-specific determination made by the
Commonwealth which establishes and imposes RACT requirements in
accordance with the Clean Air Act (CAA). This action is being taken
under section 110 of the CAA.
DATES: This final rule is effective September 19, 1997 unless by August
20, 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 L. Arnold, Chief, Ozone/CO &
Mobile Sources Section, Mailcode 3AT21, 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 Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT: Jeffrey M. Boylan, (215) 566-2094, at
the EPA Region III office or via e-mail at boylan.jeffrey@. While information may be requested via e-mail,
comments must be submitted in writing to the above Region III address.
SUPPLEMENTARY INFORMATION:
I. Background
On September 20, 1995, August 15, 1996, and September 13, 1996, the
Commonwealth of Pennsylvania submitted formal revisions to its State
Implementation Plan (SIP). The SIP revision that is the subject of this
rulemaking consists of a RACT determination, and a 1990 baseyear VOC
emission inventory change for R. R. Donnelley & Sons Company located in
Lancaster County Pennsylvania. This rulemaking addresses one operating
permit pertaining to the Company's East Plant. In addition, on April
16, 1997, the Commonwealth of Pennsylvania submitted a letter amending
the September 20, 1995 submittal pertaining to R. R. Donnelley & Sons
Company (East Plant).
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. 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-
Wilmington-Trenton 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 section 182(b)(2) and 182(f)) apply throughout the OTR.
Pennsylvania is included in within the OTR. Therefore, RACT is
applicable statewide in Pennsylvania. The September 20, 1995 (amended
April 16, 1997), August 15, 1996, and September 13, 1996 Pennsylvania
submittals that are the subject of this notice, consist of an operating
permit which was issued to satisfy the RACT requirements for R. R.
Donnelley & Sons Company--East Plant in Lancaster County Pennsylvania.
II. Summary of SIP Revision
The details of the RACT requirements for the source-specific
operating permit can be found in the docket and accompanying Technical
Support Document (TSD), prepared by EPA on this rulemaking. Briefly,
EPA is approving the Commonwealth's RACT determination for R. R.
Donnelley & Sons Company--East Plant as a revision to the Pennsylvania
SIP, and a 1990 baseyear VOC emissions inventory change for the same
facility. The operating permit contains conditions irrelevant to the
determination of VOC RACT. Consequently, these provisions are not being
included in this approval for VOC RACT nor are they being made part of
the SIP.
RACT Determination for R.R. Donnelley & Sons Company (East Plant)
EPA is approving the operating permit (OP#36-2027) for R. R.
Donnelley & Sons Company (East Plant) located in Lancaster County. R.
R. Donnelley & Sons Company (East Plant) is a printing facility and is
considered to be a major source of VOC emissions. Although once
considered to be a major source of NOX emissions, the
Pennsylvania Department of Environmental Protection (PADEP) submitted a
letter on April 16, 1997, withdrawing the NOX RACT
determination portion of OP #36-2027 from its SIP revision request of
September 20, 1995. R. R. Donnelley & Sons Company (East Plant) has
been issued a permit with conditions that limit facility wide
NOX emissions to 99 TPY. Since R. R. Donnelley & Sons
Company (East Plant) has never had
[[Page 38916]]
actual NOX emissions in excess of 100 TPY (from 1990 and
beyond), and has accepted an enforceable NOX emission cap of
less than 100 TPY, the facility is no longer determined to be a major
source of NOX. Pennsylvania issued the permit to R. R.
Donnelley & Sons Company (East Plant) with an enforceable emissions cap
required by a permit issued under Pennsylvania's approved Federally
Enforceable State Operating Permit (FESOP) program.
The six (6) rotogravure presses, and two (2) proof press dryers are
covered by 25 PA Code Section 129.67--Graphics Arts System and 40 CFR,
Part 60, Subpart QQ--Standards of Performance for the Graphics Arts
Industry: Publication Rotogravure Printing.
The six (6) heatset web offset lithographic printing presses ink
and dampening solutions on the webs are dried by evaporation in high
air velocity natural gas fired dryers, with VOC emissions from the
dryers controlled by one (1) regenerative thermal oxidizer (RTO).
Operating Permit, OP #36-2027, will require, among other things, that
destruction removal efficiency (DRE) of the RTO be at least 90% for
VOC's and combustion chamber temperature be maintained at least at
1400 deg.F. Although the permit specifies capture efficiency (CE)
parameters in the permit, no actual site testing has been done nor has
a protocol been established to substantiate the CE figures in condition
#16 (See the discussion of condition #9 below). VOC content of all
heatset inks and fountain solutions are not to exceed 45% and 3% by
weight respectively.
During periods of maintenance to the RTO, a catalytic afterburner
or thermal afterburner are put into operation and the company can only
operate the presses that are associated with these bypass controls.
Conditions in the permit require the bypass controls to be
operationally checked out at least once a year then submitting a report
of overall operating condition to the Lancaster District Supervisor
within thirty days of operational check. Additionally the permit
requires the thermal afterburner to be up to its rated capacity of
10,000 CFM and maintain a chamber temperature of at least 1375 deg.F.
Permit conditions will require cleaning solutions to have a
composite partial vapor pressure not to exceed 10 mm Hg at 20 deg.C or
VOC content not to exceed 30% by weight. The company will limit the use
of higher vapor pressure cleaning solvents to less than 5% by weight of
the total manual cleaning solvents used. In addition, the company must
keep all solvent laden rags in closed containers when not in use and
keep all containers containing VOC's tightly closed when not in use.
Condition #9 requires the facility to keep applicable records and
reports in accordance with 25 PA Code, Section 129.95 such that
compliance with RACT requirements can be determined. Therefore, while
no CE testing is specifically required by the permit, such testing may
be required in order to determine compliance with the applicable RACT
requirements.
1990 Baseyear VOC Emission Inventory Correction
In addition to approving the RACT determination for these sources
at R. R. Donnelley & Sons Company (East Plant), EPA is approving
Pennsylvania's request that the 1990 emissions inventory for the
facility's VOCs be corrected to accurately reflect the 1990 emissions.
The 1990 baseyear VOC emissions inventory will be corrected to 864
tons. Justification for the change in VOC emissions is described as
follows:
--For rotogravure operations, R. R. Donnelley & Sons Company (East
Plant) initially assumed a 5% retention of solvent in the web, and
then revised their assumption to 2% based on the amount of solvent
actually being recovered by the six bed carbon adsorption system.
Based on VOC emissions data submitted to PADEP for the year 1990,
the actual VOC emissions from rotogravure operations was 794.51
tons. The figures were taken from data submitted to PADEP from the
facility dated May 6, 1996 (subsequently submitted to EPA from PADEP
via letter dated December 13, 1996).
--For heatset web offset lithographic operations, boilers, and
associated solvent cleaning equipment, R. R. Donnelley & Sons
Company provided data calculating estimates for actual 1990 VOC
emissions of 69.83 tons. The figures were taken from the facility's
RACT proposal submitted to PADEP dated March 29, 1995.
The source-specific RACT emission limitations that are being
approved into the Pennsylvania SIP are those that were submitted on
September 20, 1995 (amended April 16, 1997), August 15, 1996, and
September 13, 1996, and are the subject of this rulemaking notice.
These emission limitations will remain unless and until they are
replaced pursuant to 40 CFR Part 51 and approved by the EPA.
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 September 19, 1997 unless, by August 20, 1997, adverse or
critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the 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 September 19, 1997.
Final Action
EPA is approving a source-specific RACT determination for R. R.
Donnelley & Sons Company--East Plant submitted by PADEP, and a 1990
baseyear VOC emission inventory correction for the same facility.
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.
III. Administrative Requirements
A. Executive Order 12866
This action has been delegated to the Regional Administrator for
decision-making and signature. The Office of Management and Budget
(OMB) has exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
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.
[[Page 38917]]
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
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
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).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to the RACT approval for R.
R. Donnelley & Sons--East Plant, must be filed in the United States
Court of Appeals for the appropriate circuit by September 19, 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: July 1, 1997.
Thomas Voltaggio,
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)(125) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(125) Revisions to the Pennsylvania Regulations Chapter 129.91
through 129.95 pertaining to VOC and NOX RACT, submitted on
September 20, 1995 (amended April 16, 1997), August 15, 1996, and
September 13, 1996 by the Pennsylvania Department of Environmental
Protection:
(i) Incorporation by reference.
(A) Three letters dated September 20, 1995, August 15, 1996, and
September 13, 1996 from the Pennsylvania Department of Environmental
Protection transmitting one source-specific RACT determination and 1990
baseyear VOC emissions inventory change for R.R. Donnelley & Sons
Company (East Plant). One letter dated April 16, 1997 amending the
September 20, 1995 submittal. The source is R.R. Donnelley & Sons
Company, East Plant (Lancaster County)--printing facility.
(B) Operating Permits (OP):
(1) R.R. Donnelley & Sons Company, East Plant--OP #36-2027,
effective July 14, 1995, except for the expiration date of the
operating permit, all conditions pertaining to NOX RACT
determination, and the parts of conditions 8, 12b & 23 pertaining to
Hazardous Air Pollutants (HAP's).
(ii) Additional Material. Remainder of September 20, 1995, August
15, 1996, and September 13, 1996 State submittals pertaining to R.R.
Donnelley & Sons--East Plant.
3. Section 52.2036 is amended by adding paragraph (j) to read as
follows:
Sec. 52.2036 1990 baseyear emission inventory.
* * * * *
(j) EPA is approving Pennsylvania's request that the 1990 emissions
inventory for VOCs from R.R. Donnelley & Sons--East Plant be corrected
to accurately reflect the 1990 emissions. The 1990 baseyear VOC
emissions inventory will be corrected to 864 tons. Justification for
the change in VOC emissions is described as follows:
(1) For rotogravure operations, R.R. Donnelley & Sons Company (East
Plant) initially assumed a 5% retention of solvent in the web, and then
revised their assumption to 2% based on the amount of solvent actually
being recovered by the six bed carbon adsorption system. Based on VOC
emissions data submitted to PADEP for the year 1990, the actual VOC
emissions from rotogravure operations was 794.51 tons. The figures were
taken from data submitted to PADEP from the facility dated May 6, 1996
(subsequently submitted to EPA from PADEP via letter dated December 13,
1996).
(2) For heatset web offset lithographic operations, boilers, and
associated solvent cleaning equipment, R.R. Donnelley & Sons Company
provided data calculating estimates for actual 1990 VOC emissions of
69.83 tons. The figures were taken from the facility's RACT proposal
submitted to PADEP dated March 29, 1995.
[FR Doc. 97-19095 Filed 7-18-97; 8:45 am]
BILLING CODE 6560-50-P
