Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania: Control of Volatile Organic Compounds (VOC) From Surface Coating, Pneumatic Rubber Tire Manufacturing, Graphic Arts and Synthetic Organic Chemical Manufacturing Industry (SOCMI) Equipment Leaks

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA23-1-5641a; FRL-5109-4]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania: Control of Volatile Organic Compounds (VOC) From Surface

Coating, Pneumatic Rubber Tire Manufacturing, Graphic Arts and

Synthetic Organic Chemical Manufacturing Industry (SOCMI) Equipment

Leaks

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 corrects

deficiencies and adds requirements for the control of VOCs from surface

coating, pneumatic rubber tire manufacturing, graphic arts and

synthetic organic chemical manufacturing industry (SOCMI) equipment

leaks. The intended effect of this action is to approve these

Pennsylvania VOC regulations as a revision to the SIP. This action is

being taken pursuant to section 110 of the Clean Air Act (CAA).

DATES: This action will become effective February 21, 1995, unless

adverse or critical comments are received on or before January 23,

1995. If the effective date is delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, 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 and Radiation

Docket and Information Center in the Air, Radiation, and Toxics

Division, U.S. Environmental Protection Agency, Region III, 841

Chestnut Building, Philadelphia, Pennsylvania 19107; 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: Aquanetta Dickens, (215) 597-3164 at

the Region III address above.

SUPPLEMENTARY INFORMATION: On December 31, 1985, June 29, 1988, and

August 19, 1992, the Pennsylvania Department of Environmental Resources

(PADER) formally submitted amendments to 25 Pa Code Chapter 121--

General Provisions and Chapter 129--Standards for VOC as SIP revisions.

These revisions were submitted by PADER to correct existing

deficiencies in its VOC regulations and to control emissions as part of

the Reasonably Available Control Technology (RACT) Fix-up requirement

of Section 182 of the CAA. Specifically, this document approves the

addition of Sec. 129.72--Manufacture of Sulfonates (Surface Active

Agents) and Sec. 129.71--Synthetic Organic Chemical Manufacturing

Industry Equipment (SOCMI) Leaks into the PADER SIP submitted on

December 31, 1985 and June 29, 1988, as well as amendments to the

following section of 25 PA Code Sec. 121.4--Regional Organization of

the Department; Sec. 129.51 General--VOC Recordkeeping Requirements;

Sec. 129.52--Surface Coating; Sec. 129.62--General Standards for Bulk

Gasoline Terminals, Bulk Gasoline Plants and Small Gasoline Storage

Tanks; Sec. 129.66--Compliance Schedules and Final Compliance Dates;

Sec. 129.67--Graphic Arts; and Sec. 129.69--Pneumatic Rubber Tire

Manufacturing; Sec. 129.72--Manufacture of Sulfonates (Surface Active

Agents) and Sec. 129.71--Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Equipment Leaks contained in the August 19, 1992

submittal.

The December 31, 1985 and June 29, 1988 submittals also included a

request that EPA approve the addition of the Commonwealth's wood

cabinet and wood furniture finishing rule into the Pennsylvania's SIP.

That regulation is the subject of a separate rulemaking document.

On May 26, 1988, EPA issued a SIP call letter to Pennsylvania

notifying the Commonwealth that its SIP was substantially inadequate to

achieve the National Ambient Air Quality Standard (NAAQS) for ozone. In

a June 14, 1988 follow-up letter, EPA notified PADER of deficiencies in

its existing VOC regulations which needed to be corrected in order to

make the regulations consistent with EPA policy and guidance. A SIP

call letter is a finding made by EPA that the SIP does not provide for

attainment by the required date, (section 110(a)(2)(H) of the Act, as

amended, 42 U.S.C. 7410(a)(2)(H); 42 U.S.C. 7410(A)(K)(5)). EPA's

review of this material indicates that PADER has addressed the

deficiencies pertaining to the correction of State VOC regulations

required by section 182(a)(2)(A) and section 184(b) of the Act, as

amended in 1990.

Summary of the SIP Revision

Section 121.4--Regional Organization of the Department

The PADER revised the names and the counties included in the six

administrative regions for the purpose of air pollution control.

Southeast Region: Bucks, Chester, Delaware, Montgomery and Philadelphia

Counties; Northeast Region: Carbon, Lackawanna, Lehigh, Luzerne,

Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne and Wyoming

Counties; Southcentral Region: Adams, Bedford, Berks, Blair,

Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster,

Lebanon, Mifflin, Perry and York Counties; Northcentral Region:

Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming,

Montour, Northumberland, Potter, Synder, Sullivan, Tioga, and Union

Counties; Southwest Region: Allegheny, Armstrong, Beaver, Cambria,

Fayette, Greene, Indiana, Somerset, Washington and Westmoreland

Counties; Northwest Region: Butler, Clarion, Crawford, Elk, Erie,

Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren

Counties.

Section 129.51--General

Section 129.51(d) was amended to add general recordkeeping

requirements for regulated sources of VOCs subject to the emission

limitations and control requirements in Chapter 129. Section 129.51

requires the owner or operator of a facility or source to keep records

to demonstrate compliance with the applicable limitation or control

requirement. Those records are to provide sufficient data and

calculations which clearly demonstrate that the emission limitations or

control requirements are met. The data or information required to

determine compliance with the applicable limitation are to be recorded

and maintained in a timeframe consistent with the averaging period of

the standard. The records are to be retained at least two years and

made available to PADER on request. A facility or source which claims

exemption from the emission limitations and control requirements is to

maintain records adequate to demonstrate that the facilities and

sources are entitled to the exemption.

Section 129.52--Surface Coating Processes

Section 129.52(a) was changed to expand the applicability of the

surface coating requirements to statewide for facilities with emissions

greater than 2.7 tons/yr., 15 lbs/day, or 3 lbs/hr. before controls.

Section 129.62--General Standards for Bulk Gasoline Terminals, Bulk

Plants and Small Gasoline Storage Tanks

Subsection (c) specifies that a person may not allow a gasoline

tank truck subject to Sec. 129.59--Bulk Gasoline Terminals,

Sec. 129.60--Bulk Gasoline Plants or Sec. 129.61--Small Gasoline

Storage Tank Control to be filled or emptied statewide unless the

gasoline tank truck meets the requirement below.

The word ``annual'' was deleted from subsection (c)(1) to add ``12

months.'' The gasoline tank truck leak check requirement was revised to

clarify the annual gasoline tank truck leak check requirement to add

that the owner or operator subject to the requirements of

Sec. 129.62(c) may not allow a tank to be filled or emptied statewide

unless the gasoline tank truck has been tested by the owner or operator

within the immediately preceding 12 months in accordance to the

applicable test method and procedure in Sec. 139.14--Emissions of VOCs.

Section 129.66--Compliance Schedules and Final Compliance Dates

This regulation adds a one year compliance interval for existing

sources newly subject to the requirements of Sec. 129.52, Secs. 129.59-

129.61, Secs. 129.67-129.69 as a result of the revised applicability

requirements, and to the newly affected pneumatic rubber manufacturing

facilities and surface coating processes subject to the emission

standards. Newly subject sources or facilities are those existing

sources which were not previously subject to the emission limitations

because they emitted less than the cutoff levels or operated at de

minimis production levels prior to the date of publication of the

limitation in the Pennsylvania Bulletin, but are now subject to the

standard because they meet or exceed the cutoff levels; compliance

shall be achieved by May 23, 1993. Section 129.68--Manufacture of

Synthesized Pharmaceutical Products was deleted from this section

because the compliance schedule (August 3, 1992) for this source

category was the subject of a separate rulemaking.

Section 129.67--Graphic Arts Systems

Section 129.67(e) establishes a requirement that the emissions of

VOCs used in clean-up operations shall be summed with emissions from

surface coating and printing to determine the applicability of the

graphic arts regulatory requirements.

Section 129.69--Manufacture of Pneumatic Rubber Tires

The VOC control requirements in Section 129.69(a) are revised to

delete the 5,000 tire/day exemption level, add the definitions of

pneumatic rubber tire manufacture and passenger type tire, specify

minimum control requirements for tire manufacturing, and allow an

affected tire manufacturer to petition for approval of an alternative

RACT control program. Such an alternative must be approved by PADER and

EPA as a SIP revision.

Pneumatic rubber tire manufacturing is defined as the production of

pneumatic rubber passenger-type on a mass production basis, and

passenger-type tires are agricultural, airplane, industrial, mobile

home, light or medium duty truck or passenger vehicle tires with bead

diameters up to 20 inches (50.8 centimeters) and cross-sectional

dimensions up to 12.8 inches (32.5 centimeters).

In addition, this section adds that the production of specialty

tires for antique or other vehicles, when produced on an irregular

basis or with short production runs and when produced on equipment

separate from normal production lines for passenger-type tires, are

exempt from the requirements of this section upon written approval from

PADER.

Subsection (b)(1) clarifies the requirement that the owner or

operator of an undertread cementing, tread-end cementing or bead

dipping operation subject to this section shall install and operate a

capture system designed to achieve maximum reasonable capture of at

least 85% by weight of VOC emitted, from all undertread cementing,

tread-end cementing and bead dipping operations.

Subsection (c)(1) deletes the 5% VOC content water-based spray

limit provision.

Subsection (d) deletes the 0.161 pound per tire emission limit, and

adds the requirement that as an alternative to meeting the specified

control level, an affected facility may develop and implement an

alternative RACT control program if the program is approved by the

PADER and EPA as a SIP revision.

Section 129.71--Synthetic Organic Chemical and Polymer Manufacturing-

Fugitive Sources

Section 129.71(a) applies to surface active agent manufacturing

facilities subject to Sec. 129.72 (relating to manufacturing of surface

active agents) and to facilities with design capability to manufacture

1,000 tons per year (tpy) or more of one or a combination of synthetic

organic chemicals listed in 40 CFR 60.489 (relating to list of

chemicals provided by affected facilities), Methyl tert-butyl ether,

polyethylene, polypropylene, or polystyrene. The previous 4,000 tpy

applicability level was deleted.

Subsection (c) requires the owner or operator of a newly affected

facility to complete, develop and initiate a leak detection program

including liquid leaks for pumps, valves, compressors, vessels, and

safety pressure relief valves and a repair program for these components

that cause a hydrocarbon detection instrument reading equal to or

greater than 10,000 ppm not later than May 23, 1993. The leak detection

and repair program shall include the following: a leak check during

every quarter of all components, by methods referenced in Sec. 139.14;

a waterproof identification tag is to be attached to the leaking

component (that is causing the instrument to read greater than 10,000

ppm) with the identification number and the date which the leak was

detected in a visible area; the repair and retest of a leaking

component must be done within 15 days from the date of detection; and

the identification tag must indicate if the component cannot be

repaired until a process shutdown that will not occur within 15 days

from the date of detection.

Subsection (2)(iv) was revised to require a weekly visual check of

all pumps in light liquid service for indications of leaks.

The fugitive emission leak check requirements in Sec. 139.14

(relating to emissions of VOCs) were separated from subsection (2)(iv)

and added as a new subsection, (2)(v). This new subsection specifies

that safety relief valves are subject to the requirements for

rechecking within 24 hours. The requirements for the recordkeeping and

reporting of the leak detection and repair program were separated from

subsection (2)(iv) and added as a new subsection, (2)(vi).

Section 129.72--Manufacture of Surface Active Agents

Section 129.72 requires a leak detection program (see Sec. 129.71

synthetic organic chemical and polymer manufacturing fugitive sources).

Subsection (b) of this section was amended to clarify the emission

control system efficiency requirements for surface active agent

manufacturing facilities with potential VOC emissions of greater than

100 tpy. Emission of VOCs in ambient air from solvent wash tanks,

reaction vessels, separators, distillation processes, solvent trippers

and solvent storage tanks may not be caused or permitted by any person

unless the emissions are exhausted through an emission reduction system

which is designed and operated to recover or destroy at least 90% by

weight of the VOC emissions exhausted to the emission reduction system.

EPA is approving this SIP revision without prior publication of a

notice of proposed rulemaking 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 February 21, 1995,

unless, within 30 days of publication, adverse or critical comments are

received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a 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 February 21, 1995.

Final Action

EPA is approving the addition of and revision to Pennsylvania's SIP

to control VOCs from Sec. 129.52 - surface coating, Sec. 129.69 -

pneumatic rubber tire manufacturing, Sec. 129.67 - graphic arts and

Sec. 129.72 - synthetic organic chemical manufacturing industry

equipment leaks which were submitted to EPA on December 31, 1985, June

29, 1988 and August 19, 1992. These revisions meet part of the RACT

Fix-up requirement of the Act, as amended.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP 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. Secs. 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 Commonwealth 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. Secs. 7410(a)(2).

This action has been classified as a Table 2 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 must be filed in the United States Court

of Appeals for the appropriate circuit by February 21, 1995. 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).)

The Regional Administrator's decision to approve or disapprove

Pennsylvania's SIP revisions to control VOCs from surface coating,

pneumatic rubber tire manufacturing, graphic arts and synthetic organic

chemical manufacturing industry equipment leaks SIP revision will be

based on whether it meets the requirements of Section 110(a)(2)(A)-(K),

and Part D of the Clean Air Act, as amended, and EPA regulations in 40

CFR part 51.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: September 21, 1994.

Stanley Laskowski,

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)(94) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(94) Revision to the Commonwealth of Pennsylvania Volatile Organic

Compound (VOC) Regulations, amending 25 Pa Code Chapters 121--General

Provisions and Chapter 129--Standards for Sources submitted on August

19, 1992, by the Pennsylvania Department of Environmental Resources

(PADER).

(i) Incorporation by reference.

(A) A letter of August 19, 1992, from PADER transmitting a state

implementation plan revision which corrects deficiencies and adds

requirements for the control of VOCs from surface coating, pneumatic

rubber tire manufacturing, graphic arts and synthetic organic chemical

manufacturing industry equipment leaks.

(B) 25 Pa Code, Chapter 121, Sec. 121.4; and 25 Pa Code, Chapter

129, Secs. 129.51, 129.52, 129.62, 129.66, 129.67, 129.69, 129.71 and

129.72, submitted on August 19, 1992 and effective on May 23, 1992.

[FR Doc. 94-31379 Filed 12-21-94; 8:45 am]

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