Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania: Reasonably Available Control Technology for Stroehmann Bakeries, Inc., Lycoming and Bradford Counties

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA56-1-7086a; FRL-5252-9]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Pennsylvania: Reasonably Available Control Technology

for Stroehmann Bakeries, Inc., Lycoming and Bradford Counties

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 the use of reasonably available control

technology (RACT) to control volatile organic compound (VOC) emissions

from two Stroehmann Bakeries, Inc. (Stroehmann) facilities located in

Sayre Borough, Bradford County and Old Lycoming Township, Lycoming

County. These facilities are located in areas designated ``not

classified/attainment'' for ozone which are part of the ozone transport

region (OTR). The SIP revision requires Stroehmann to install and

operate catalytic oxidation units on the bakery ovens associated with

the production of yeast-based products. The intended effect of this

action is to approve the SIP revision as constituting RACT for the

Stroehmann facilities located in Sayre Borough and Old Lycoming

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

Act.

DATES: This final rule is effective October 10, 1995 unless notice is

received on or before September 11, 1995 that adverse or critical

comments will be submitted. 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: Kathleen Henry, (215) 597-0545.

SUPPLEMENTARY INFORMATION: On February 24, 1995, the Commonwealth of

Pennsylvania submitted a formal revision to its State Implementation

Plan (SIP). The SIP revision consists of State Plan Approvals issued by

the Pennsylvania Department of Environmental Resources (DER) on

February 9, 1995, identified as PA-41-0001 and PA-08-0001 and State

Operating Permits issued February 9, 1995, identified as OP-41-0001A

and OP-08-0001A for the Stroehmann facilities located in Old Lycoming

Township and Sayre Borough, respectively.

Background

Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act

(CAA), Pennsylvania is required to implement RACT in ozone

nonattainment areas classified as moderate or above for all major VOC

and NOX sources by no later than May 31, 1995. In addition,

moderate ozone nonattainment area requirements, including RACT as

specified in section 182(b)(2) and 182(f), apply throughout the ozone

transport region (OTR) established by the CAA.

On February 24, 1995, the Pennsylvania DER submitted Plan Approvals

PA-41-0001 and PA-08-0001 and Operating Permits OP-41-0001A and OP-08-

0001A as revisions to its State Implementation Plan (SIP) for the

control of VOC and NOX emissions from two Stroehmann Bakeries,

Inc. facilities located in Lycoming and Bradford Counties,

respectively. These counties are located in areas classified as ``not

classified/attainment'' for ozone. However, these areas are also part

of the OTR and, pursuant to section 184 of the CAA, must meet the

requirements of a moderate ozone nonattainment area, including the

requirement that major sources implement RACT. The definition of major

source for an area classified as ``not classified/attainment'' in the

OTR is any source having the potential to emit 50 tons per year of

volatile organic compounds (VOCs) or 100 tons per year of oxides of

nitrogen (NOX).

Summary of SIP Revision

The Stroehmann facility located in Sayre Borough, Bradford County

produces bread and donuts in three production lines and generates

potential VOC emissions of 313 tons/year. The Stroehmann facility in

Old Lycoming Township, Lycoming County produces buns and rolls in two

baking lines and generates potential VOC emissions of 144.3 tons per

year. Sources of VOC emissions are the same at both Stroehmann

facilities and include the prebake areas, baking ovens, combustion

sources, ink jet printers, parts cleaning/maintenance activities, and

painting operations. Neither facility is a major source of NOX.

The most significant source of VOCs are the baking ovens associated

with production lines where yeast-based breads, rolls and buns are

produced. Pennsylvania DER determined that RACT for the baking ovens

involved in the production of yeast-based breads, rolls and buns at the

Sayre Borough and Old Lycoming Township facilities is the installation

and operation of catalytic oxidation units to achieve a minimum 95% VOC

removal efficiency and operate at a minimum operating temperature of

600 deg.F.

[[Page 40759]]

RACT for the prebake areas was determined to be no additional

control due to the technical infeasibility of capturing emissions from

these areas. The remaining VOC sources generate emissions at de minimis

levels and are not subject to further control. For these sources, the

operating permits impose limits on their potential to emit at the de

minimis levels of 3 pounds per hour, 15 pounds per day and 2.7 tons per

year.

For more information on Pennsylvania's RACT determination and the

specific provisions of the Plan Approvals and Operating Permits for

these two facilities, please refer to the Technical Support Document

(TSD) prepared for this notice. A copy of the TSD is available, upon

request, from the EPA Regional Office listed in the Addresses section

of this notice.

EPA's review of this material indicates that Pennsylvania's Plan

Approvals requiring the installation of catalytic oxidation units on

the baking ovens associated with yeast-based production lines

constitutes RACT for the Sayre Borough and Old Lycoming Township

facilities. In addition, EPA agrees with Pennsylvania's conclusions

regarding no further control as RACT for the prebake areas and the

limits imposed by the operating permits limiting emissions from the

combustion sources, ink jet printers, parts cleaning/maintenance

activities, and painting operations at de minimis levels.

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 Pennsylvania's SIP revision for the Stroehmann

facilities located in Sayre Borough and Old Lycoming Township which was

submitted on February 24, 1995.

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.

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 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 sections 110 and 182 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. To the extent that the rules approved

by this action will impose no new requirements; such sources are

already subject to these regulations under State law. 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 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 to

approve the SIP revision for the Stroehmann facilities in Pennsylvania

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

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: June 22, 1995.

James W. Newsom,

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 paragraphs (c)(101) to read

as follows:

[[Page 40760]]

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(101) Revisions to the State Implementation Plan submitted by the

Pennsylvania Department of Environmental Resources regarding RACT

requirements for two Stroehmann Bakeries, Inc. facilities located in

Lycoming and Bradford Counties, submitted on February 24, 1995.

(i) Incorporation by reference.

(A) Letter of February 24, 1995 from the Pennsylvania Department of

Environmental Resources submitting a revision to the State

Implementation Plan.

(B) Plan Approval Nos. PA-41-0001 and PA-08-0001 and Operating

Permit Nos. OP-41-0001A and OP-08-0001A, issued and effective February

9, 1995.

(ii) Additional material.

(A) Remainder of the State Implementation Plan revision request

submitted by the Pennsylvania Department of Environmental Resources on

February 24, 1995, pertaining to the Plan Approvals and Operating

Permits listed above.

[FR Doc. 95-19742 Filed 8-9-95; 8:45 am]

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