Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of Source-Specific VOC and NOINFX RACT and Synthetic Minor Permit Conditions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 54-1-6941a; FRL-5256-7]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of Source-Specific VOC and NOX RACT and

Synthetic Minor Permit Conditions

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 eight major sources and establishes permit conditions to limit one

source's emissions to below major source levels. The intended effect of

this action is to approve source-specific plan approvals and operating

permits, which establish

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the above-mentioned requirements in accordance with the Clean Air Act.

This action is being taken under section 110 of the Clean Air Act.

EFFECTIVE DATE: This action will become effective October 10, 1995

unless adverse comments are received on or before September 7, 1995. If

the effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate

Director, Air Programs, Mailcode 3AT00, 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 Resources Bureau of Air

Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, EPA Region III,

(215) 597-9337.

SUPPLEMENTARY INFORMATION: On January 6, 1995, the Commonwealth of

Pennsylvania submitted a formal revision to its State Implementation

Plan (SIP). The SIP revision consists of a group of plan approvals and

operating permits for individual sources of volatile organic compounds

and/or nitrogen oxides located in Pennsylvania. This rulemaking

addresses those plan approvals and operating permits pertaining to the

following sources: ESSROC Materials, Inc., Pennsylvania Power and

Light--Brunner Island SES, PPG Industries, Inc., Stroehmann Bakeries,

Inc., General Electric Transportation Systems--Erie, J.E. Baker/DBCA

Refractory facility, Lafarge Corporation, West Penn Power Company--

Armstrong Power Station, and Plain n' Fancy Kitchens, Inc. The other

plan approvals and operating permits submitted with this group will be

addressed in another rulemaking notice.

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

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. Therefore, RACT is

applicable statewide in Pennsylvania. The January 6, 1995 Pennsylvania

submittal that is the subject of this notice, is meant to satisfy the

RACT requirements for eight sources in Pennsylvania and to limit the

potential VOC emissions at a source to below the major source size

threshold in order to avoid RACT.

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 seven plan approvals and four

operating permits as RACT and one plan approval as a revision to the

Pennsylvania SIP to limit a source's emissions to below the major

source threshold. Several of the plan approvals and operating permits

contain conditions irrelevant to the determination of VOC or NOX

RACT. Consequently, these provisions are not being included in this

approval for VOC or NOX RACT. In addition, several of the plan

approvals and operating permits contain a provision that would allow

compliance date extensions at the request of the source and approval by

Pennsylvania without EPA approval. While EPA does not automatically

rule out the possibility of compliance date extensions, EPA cannot pre-

approve compliance date extensions through a general provision such as

that which occurs in those plan approvals and operating permits.

RACT

EPA is approving the plan approval (PA 48-0004A) for ESSROC

Materials, Inc., located in Northampton County. ESSROC Materials, Inc.

is a portland cement manufacturing facility and is considered a major

source of NOX emissions. EPA is approving the plan approval (PA

67-2005) for Pennsylvania Power and Light--Brunner Island Steam

Electric Station, located in York County. PP&L--Brunner Island is a

steam electric station and is considered a major source of VOC and

NOX emissions. EPA is approving the operating permit (OP 21-2002)

for PPG Industries, Inc., located in Cumberland County. PPG Industries,

Inc. is a flat glass manufacturing facility and is considered a major

source of NOX emissions. EPA is approving the plan approval (PA

22-2003) for Stroehmann Bakeries, Inc., located in Dauphin County.

Stroehmann Bakeries, Inc. is a bread and roll bakery with some small

miscellaneous printing operations and is considered a major source of

VOC emissions. EPA is approving the operating permit (OP 25-025) for

General Electric Transportation Systems, located in Erie County. GE

Transportation Systems is a coal-fired power generating station and is

considered a major source of VOC and NOX emissions. EPA is

approving the operating permit (OP 67-2001) for J.E. Baker/DBCA

Refractory Facility located in York County. J.E. Baker/DBCA Refractory

Facility is a dolomitic refractory facility, producing specialty

refractory products, agricultural limestone, mineral fillers, etc. and

is considered a major source of NOX emissions. EPA is approving

the plan approval (PA 39-0011A) and the operating permit (OP 39-0011)

for Lafarge Corporation, located in Lehigh County. Lafarge Corporation

is a cement manufacturing facility and is considered a major source of

NOX emissions. EPA is approving three plan approvals (PA 03-000-

023, PA 03-306-004, PA 03-306-006) for West Penn Power Company--

Armstrong Power Station, located in Armstrong County. West Penn Power

Company is an electric generating station with two coal-fired boilers

and is considered a major source of NOX emissions and a minor

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. Several of the plan approvals/operating permits contain a

provision that allows for future changes to the emission limitations

based on CEM or other monitoring data. Since EPA cannot approve

emission limitations that are not currently before it, any changes to

the emission limitations as submitted on January 6, 1995 to EPA must be

resubmitted to and approved by EPA in order for these changes to be

incorporated into the Pennsylvania SIP. Consequently, the source-

specific RACT

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emission limitations that are being approved into the Pennsylvania SIP

are those that were submitted on January 6, 1995. These emission

limitations will remain unless and until they are replaced pursuant to

40 C.F.R. part 51 and approved by the U.S. EPA.

Synthetic Minor Source Permit

EPA is approving the plan approval (PA 38-318-019C) for Plain n'

Fancy Kitchens, Inc., located in Lebanon County. Plain n' Fancy

Kitchens, Inc. is a kitchen cabinet surface coating facility and had

potential VOC emissions greater than 50 TPY. The approval of these

conditions will limit the emissions at this facility to less than 50

TPY and would allow Plain n' Fancy Kitchens, Inc. to avoid being

considered a major VOC source, subject to the major source RACT

requirements of the Clean Air Act and the Pennsylvania regulation.

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 October 10, 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 subsequent notice 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 October 10, 1995.

Final Action

EPA is approving the seven plan approvals and four operating

permits as RACT and one plan approval to limit emissions at Plain n'

Fancy Kitchens to below major source levels.

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.

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.

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section (insert) of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. The sources affected by the rules being

approved by this action are already subject to these regulations under

State law; therefore, this rulemaking action does not impose any new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

EPA has also determined that this final action does not include a

mandate that may result in estimated costs of $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector.

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

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, pertaining to the RACT approval of

eight sources and the synthetic minor permit conditions for Plain n'

Fancy Kitchens, Inc., must be filed in the United States Court of

Appeals for the appropriate circuit by October 10, 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).)

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: June 23, 1995.

W. T. Wisniewski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart NN of chapter I, title 40 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)(98) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(98) Revisions to the Pennsylvania Regulations Chapter 129.91

submitted on January 6, 1995 by the Pennsylvania Department of

Environmental Resources:

(i) Incorporation by reference.

(A) Two letters both dated January 6, 1995 from the Pennsylvania

Department of Environmental Resources transmitting source-specific VOC

and/or NOx RACT determinations in the form of plan approvals and/or

operating permits for the following sources: ESSROC Materials, Inc.

(Northampton Co.)--cement manufacturer; Pennsylvania Power & Light--

Brunner Island SES (York Co.)--utility, PPG Industries, Inc.

(Cumberland Co.)--glass manufacturer; Stroehmann Bakeries, Inc.

(Dauphin Co.)--bakery; GE Transportation Systems (Erie Co.)--utility;

J.E. Baker/DBCA Refractory Facility (York Co.)--dolomitic refractory

facility; Lafarge Corp. (Lehigh Co.)--cement manufacturer; West Penn

Power Company--Armstrong Power Station (Armstrong Co.), utility. In

addition, the plan approval for Plain n' Fancy

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Kitchens, Inc. (Lebanon Co., kitchen cabinet surface coating)

containing provisions limiting this source as a synthetic minor source

(below RACT threshold level of 50 TPY potential VOC emissions) is being

approved.

(B) Plan approvals (PA), Operating permits (OP):

(1) ESSROC Materials, Inc.--PA 48-0004A, effective December 20,

1994, except conditions (7)(a), (7)(b), (7)(d), (8)(a), (8)(b), (8)(d),

(10), (16) through (19) pertaining to particulate matter or SO2

requirements and condition (25)(d) and (e) pertaining to compliance

date extensions, and the expiration date of the plan approval.

(2) Pennsylvania Power & Light--Brunner Island SES--PA 67-2005,

effective December 22, 1994, except condition 2.d. and e. pertaining to

compliance date extensions, and the expiration date of the plan

approval.

(3) PPG Industries, Inc.--OP 21-2002, effective December 22, 1994,

except the expiration date of the operating permit.

(4) Stroehmann Bakeries, Inc.--PA 22-2003, effective December 22,

1994, except condition 9.d. and e. pertaining to compliance date

extensions and the expiration date of the plan approval.

(5) GE Transportation Systems--Erie--OP 25-025, effective December

21, 1994, except for condition 9 pertaining to pollutants other than

VOC and NOX.

(6) J.E. Baker/DBCA Refractory Facility--OP 67-2001, effective

December 22, 1994, except the expiration date of the operating permit.

(7) Lafarge Corp.--PA 39-0011A, effective December 23, 1994, except

for condition (4)(d) and (e) pertaining to compliance date extensions,

condition (8) pertaining to sulfur in fuel requirements, those in

condition (9) not pertaining to VOC or NOX, and the expiration

date of the plan approval, and OP 39-0011, effective December 23, 1994,

except conditions (8), (9), and (13) through (15), pertaining to sulfur

in fuel requirements, and the expiration date of the operating permit.

(8) West Penn Power Company--Armstrong Power Station--PA 03-000-

023, effective December 29, 1994, except for the expiration date of the

plan approval and condition 5. pertaining to VOC and condition 9.

pertaining to a facility-wide NOX cap, PA 03-306-004 (for unit 2),

effective March 28, 1994, except for condition 12. (d) and (e),

pertaining to compliance date extensions, and the expiration date of

the plan approval, and PA 03-306-006 (for unit 1), effective November

22, 1994, except for condition 13. (d) and (e), pertaining to

compliance date extensions, and the expiration date of the plan

approval.

(9) Plain n' Fancy Kitchens, Inc.--PA 38-318-019C, effective

December 23, 1994, except for condition 2.d. and e., pertaining to

compliance date extensions, and the expiration date of the plan

approval.

[FR Doc. 95-19505 Filed 8-7-95; 8:45 am]

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