Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of Source-Specific VOC and NOINFX RACT and Synthetic Minor Permit Conditions, and 1990 Baseyear Emissions for one Source

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 078-4019a; FRL-5467-6]

Approval and Promulgation of Air Quality Implementation Plans;

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

Synthetic Minor Permit Conditions, and 1990 Baseyear Emissions for one

Source

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 eleven major sources, establishes permit conditions to limit three

sources' emissions to below major source levels, and establishes 1990

baseyear VOC and NOX emissions for one source. This action affects

a total of 14 sources. The intended effect of this action is to approve

source-specific plan approvals, operating permits, and compliance

permit and emission inventory figures for emission units at one source,

which establish the above-mentioned requirements in accordance with the

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

Clean Air Act.

DATES: This action is effective July 1, 1996, unless notice is received

on or before June 17, 1996, 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;

Pennsylvania Department of Environmental Protection, Bureau of Air

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

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, (215) 597-9337, at

the EPA Region III office or via e-mail at

[email protected]. While information may be requested via

e-mail, comments must be submitted in writing to the above Region III

address.

SUPPLEMENTARY INFORMATION: On January 6, 1995, July 5, 1995 (as amended

on November 22, 1995), August 1, 1995, and September 20, 1995, the

Commonwealth of Pennsylvania submitted formal revisions to its State

Implementation Plan (SIP). The SIP revisions that are the subject of

this rulemaking consist of plan approvals, operating permits and a

compliance permit for ten individual sources of volatile organic

compounds (VOCs) and/or nitrogen oxides (NOX) located in

Pennsylvania. This rulemaking addresses the compliance permit and those

plan approvals and operating permits pertaining to the following

sources: (1) U.G.I. Utilities, Inc. (Luzerne Co.)--utility, (2) Solar

Turbines (York Co.)--cogeneration facility, (3) Columbia Gas

Transmission--Renovo Compressor Station (Clinton Co.)--natural gas

compressor station, (4) National Fuel Gas Supply Corporation--East Fork

Compressor Station (Potter Co.)--natural gas compressor station, (5)

York Resource Energy Systems, Inc. (York Co.)--municipal waste

combustion facility, (6) W.R. Grace & Co.--Formpac Division (Berks

Co.)--expandable polystyrene blowing facility, (7) CNG Transmission--

Cherry Tree Station (Indiana Co.)--natural gas transmission station,

(8) EPC Power Corporation of Bethlehem--Crozer Chester Cogeneration

plant (Delaware Co.)--cogeneration plant, (9) C-P Converters, Inc.

(York Co.)--flexographic printing operation, (10) Fisher Scientific Co.

International--Instrument Manufacturing Division (Indiana Co.). In

addition, the permits containing provisions limiting source emissions

to synthetic minor source levels (below RACT threshold level of 100

tons per year of potential NOX emissions) are being approved for

five sources: a) Adelphi Kitchens, Inc.--Robesonia factory (Berks

Co.)--wood furniture coating operation, b) Birchcraft Kitchens, Inc.

(Berks Co.)--wood furniture coating operation, and c) Glasgow, Inc.--

Bridgeport asphalt plant (Montgomery Co.)--asphalt plant. In addition,

on July 5, 1995 (as amended on November 22, 1995) and March 18, 1996,

Pennsylvania submitted a RACT determination and 1990 baseyear emission

inventory figures for General Glass--Jeannette Plant (Westmoreland Co.)

for EPA approval into the Pennsylvania SIP. Therefore, this rulemaking

will also address the approval of the RACT determination for the

emission units at General Glass--Jeannette plant and the establishment

of 1990 baseyear emissions for these emission units. The other plan

approvals and operating permits submitted together with these being

approved today will be addressed in another rulemaking notice.

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.

[[Page 24707]]

Therefore, RACT is applicable statewide in Pennsylvania.

The January 6, 1995, July 5, 1995 (as amended on November 22,

1995), August 1, 1995, and September 20, 1995 Pennsylvania submittals

that are the subject of this notice, are meant to satisfy the RACT

requirements for 11 sources in Pennsylvania and to limit the potential

VOC emissions at three sources to below the major source size threshold

in order to avoid the RACT requirement.

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 document. Briefly, EPA is approving eight plan approvals, six

operating permits and one compliance permit as RACT and three operating

permits as revisions to the Pennsylvania SIP to limit three sources'

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, a correction to the Pittsburgh area 1990 baseyear emissions

inventory for one source is being made through this rulemaking

document.

RACT

EPA is approving the plan approval (PA 40-0005A) and operating

permit (OP 40-0005) for U.G.I. Utilities, Inc., located in Luzerne

County. U.G.I. Utilities, Inc. is a utility and is considered a major

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

67-2009) and compliance permit (CP 67-2009) for Solar Turbines. Inc.,

located in York County. Solar Turbines, Inc. is a cogeneration plant

and is considered a major source of NOX emissions. Included in

Solar Turbines RACT determination is a compliance date extension until

December 31, 1997 for the installation of dual fuel dry low NOX

combustors on six natural gas turbines. EPA is approving the plan

approval (PA 18-0001) and operating permit (OP 18-0001) for Columbia

Gas Transmission Corporation--Renovo Compressor Station, located in

Clinton County. Columbia Gas Transmission Corporation--Renovo

Compressor Station is a natural gas compressor station and is

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

plan approval (PA 53-0007A) and operating permit (OP 53-0007) for

National Fuel Gas Supply Corporation--East Fork Compressor Station,

located in Potter County. National Fuel Gas Supply Corporation--East

Fork Compressor Station is a natural gas compressor station and is

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

plan approval (PA 67-2006) for York Resource Enery Systems, Inc.,

located in York County. York Resource Enery Systems, Inc. is a

municipal waste combustion facility and is considered a major source of

NOX emissions. EPA is approving the plan approvals (PA 06-1036 and

PA 06-315-001) for W.R. Grace & Co.--Formpac Division, located in Berks

County. W.R. Grace & Co.--Formpac Division is an expandable polystyrene

foam product manufacturer and is considered a major source of VOC

emissions. EPA is approving the plan approval (PA 32-000-303) for CNG

Transmission Corporation--Cherry Tree Station, located in Indiana

County. CNG Transmission Corporation--Cherry Tree Station is a natural

gas compressor station and is considered a major source of NOX

emissions. EPA is approving the operating permit (OP 23-0007) for EPC

Power Corporation of Bethlehem--Crozer-Chester Cogeneration plant,

located in Delaware County. EPC Power Corporation of Bethlehem--Crozer-

Chester Cogeneration plant is a cogeneration plant and is considered a

major source of NOX emissions. EPA is approving the operating

permit (OP 67-2030) for C-P Converters, Inc., located in York County.

C-P Converters, Inc. is a flexographic printing operation and is

considered a major source of VOC emissions. EPA is approving the

operating permit (OP 32-000-100) for Fisher Scientific Co.

International--Instrument Manufacturing Division, located in Indiana

County. Fisher Scientific Co. International--Instrument Manufacturing

Division is a coater of laboratory instruments and is considered a

major 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, July 5, 1995, August 1,

1995, and September 20, 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 emission

limitations that are being approved into the Pennsylvania SIP are those

that were submitted on the above-mentioned dates and are the subject of

this rulemaking document. These emission limitations will remain part

of the SIP unless and until a revised limitation is approved by EPA

pursuant to 40 CFR part 51 and approved by the U.S. EPA. In addition,

several of the plan approvals and operating permits contain a general

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 that have

not been submitted to it for review through such general provision.

In addition, EPA is establishing RACT for the glass furnace (No. 2)

and kilns (#1 through 4) at the now shutdown General Glass--Jeannette

plant. These sources represent the only NOX emitting sources at

the plant at the time of its shutdown on July 8, 1993. All of these

sources ceased operation and had their permits revoked on July 8, 1993.

RACT for these sources is determined to be no additional controls. The

total post-RACT NOX emissions (based on a three year average of

operating conditions) for these sources is 518 tons per year. The 1990

baseyear VOC and NOX emissions for the above-named sources are

also being approved. The NOX 1990 emissions from the glass melting

furnace are 508.2 TPY. The NOX 1990 emissions from the four kilns

are 11.8 TPY. EPA is also using this document to recognize the 518 tons

of NOX per year emission reduction credits created by the shutdown

of this plant.

Synthetic Minor Permits

EPA is approving the operating permit (OP 06-1001) for Adelphi

Kitchens, Inc.--Robesonia factory, located in Berks County. Adelphi

Kitchens, Inc.--Robesonia factory is a wood furniture manufacturing

facility and had potential VOC emissions greater than 50 TPY. EPA is

approving the operating permit (OP 06-1005) for Birchcraft Kitchens,

Inc.--Reading factory, located in Berks County. Birchcraft Kitchens,

Inc.--Reading factory is a wood furniture manufacturing facility and

had potential VOC emissions greater than 50 TPY. The approval of the

conditions in each of these facilities' respective permits will limit

the emissions at those facilities to less than 50 TPY and would

[[Page 24708]]

allow them to avoid being considered major VOC sources, subject to the

major source RACT requirements of the Clean Air Act and the

Pennsylvania regulation. EPA is also approving the operating permit (OP

46-0044) for Glasgow, Inc.--Bridgeport Asphalt Plant, located in

Montgomery County. Glasgow, Inc.--Bridgeport Asphalt Plant is an

asphalt plant and had potential VOC and NOX emissions greater than

25 TPY. Montgomery County is part of the Philadelphia severe ozone

nonattainment area, to which the more stringent 25 TPY major source

threshold applies.

The technical support document contains the details of each of the

RACT determinations, synthetic minor permit conditions, and 1990

baseyear emissions calculations. It is available at the EPA Region III

office listed in the Addresses section of this document.

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 July 1, 1996, unless, by June 17, 1996, 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 July 1, 1996. If adverse

comments are received that do not pertain to all documents subject to

this rulemaking action, those documents not affected by the adverse

comments will be finalized in the manner described here. Only those

documents that receive adverse comments will be withdrawn in the manner

described here.

Final Action

EPA is approving eight plan approvals, six operating permits, and

one compliance permit as RACT for ten individual sources, three

operating permits to limit emissions at three facilities to below major

source levels, and the RACT determination and the 1990 baseyear

emissions for the glass melting furnace and four kilns at General

Glass--Jeannette plant.

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 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

the 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.

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.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action, pertaining to the approval of eleven

source-specific VOC and NOX RACT determinations, three synthetic

minor permits, and correction to the 1990 baseyear emissions inventory

in Pennsylvania, must be filed in the United States Court of Appeals

for the appropriate circuit by July 15, 1996. 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: April 19, 1996.

W.T. Wisniewski,

Acing 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)(108) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(108) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on January 6, 1995, July

5, 1995, July 31, 1995, August 1, 1995, September 20, 1995, November

22, 1995, and March 18, 1996 by the Pennsylvania Department of

Environmental Resources (now known as the Pennsylvania Department of

Environmental Protection):

(i) Incorporation by reference.

(A) Seven letters, dated January 6, 1995, July 5, 1995, July 31,

1995, August 1, 1995, September 20, 1995, November 22, 1995, and March

18, 1996 from the

[[Page 24709]]

Pennsylvania Department of Environmental Resources (now known as the

Pennsylvania Department of Environmental Protection) transmitting

source specific VOC and/or NOX RACT determinations in the form of

plan approvals or operating permits for the following sources: U.G.I.

Utilities, Inc. (Luzerne Co.)--utility, Solar Turbines (York Co.)--

cogeneration facility, Columbia Gas Transmission--Renovo Compressor

Station (Clinton Co.)--natural gas compressor station, National Fuel

Gas Supply Corporation--East Fork Compressor Station (Potter Co.)--

natural gas compressor station, York Resource Energy Systems, Inc.

(York Co.)--municipal waste combustion facility, W.R. Grace & Co.--

Formpac Division (Berks Co.)--expandable polystyrene blowing facility,

CNG Transmission--Cherry Tree Station (Indiana Co.)--natural gas

transmission station, EPC Power Corporation of Bethlehem (Delaware

Co.)--Crozer Chester Cogeneration Plant, C-P Converters, Inc. (York

Co.)--flexographic printing operation, Fisher Scientific Co.

International--Instrument Manufacturing Division (Indiana Co.). In

addition, the permits containing provisions limiting source emissions

to synthetic minor sources levels (below RACT threshold level of 100

tons per year or 25 TPY of potential NOX emissions and 50 TPY or

25 TPY for potential VOC emissions) are being approved for three

sources: Adelphi Kitchens, Inc.--Robesonia factory (Berks Co.)--wood

furniture coating operation, Birchcraft Kitchens, Inc.--Reading factory

(Berks Co.)--wood furniture coating operation, and Glasgow, Inc.--

Bridgeport Asphalt Plant (Montgomery Co.)--asphalt plant.

(B) Plan approvals (PA), Operating permits (OP), Compliance permit

(CP):

(1) U.G.I. Utilities, Inc.--OP 40-0005, effective December 20, 1994

and PA 40-0005A, effective December 20, 1994, except the expiration

date of the plan approval and conditions # 18, 19, and 20 pertaining to

non-VOC or NOX emissions and ash and waste oil requirements.

(2) Solar Turbines--PA 67-2009, effective August 17, 1995, except

the expiration date of the plan approval and CP 67-2009, effective

August 17, 1995, except the expiration date of the compliance permit.

(3) Columbia Gas Transmission--Renovo Compressor Station--OP 18-

0001, effective July 18, 1995, except the expiration date of the

operating permit and condition #8, pertaining to compliance date

extensions and PA 18-0001, effective July 18, 1995, except the

expiration date of the plan approval and condition #14, pertaining to

compliance date extensions.

(4) National Fuel Gas Supply Corporation--East Fork Compressor

Station--OP 53-0007, effective July 17, 1995, except the expiration

date of the operating permit, including the corrections to condition #6

and 13 (from a letter dated July 31, 1995) and PA 53-0007A, effective

July 17, 1995, except the expiration date of the plan approval.

(5) York Resource Energy Systems, Inc.--PA 67-2006, effective

August 25, 1995, except the expiration date of the plan approval and

the non-VOC or non-NOX elements in conditions #4, 8, 9, 10 12, 18,

and 19.

(6) W.R. Grace & Co.--Formpac Division--PA 06-1036, effective May

12, 1995, except the expiration date of the plan approval and condition

#10 (d) and (e) pertaining to compliance date extensions and PA 06-315-

001, effective June 4, 1992, except the expiration date of the plan

approval.

(7) CNG Transmission Corporation--Cherry Tree Station--PA 32-000-

303, effective July 5, 1995, except the expiration date of the plan

approval, the elements in condition #6 pertaining to carbon monoxide,

and condition #16 D. and E. pertaining to compliance date extensions.

(8) EPC Power Corporation of Bethlehem--Crozer Chester Cogeneration

plant--OP 23-0007, effective June 8, 1995, except the expiration date

of the operating permit.

(9) C-P Converters, Inc.--OP 67-2030, effective August 30, 1995,

except the expiration date of the operating permit.

(10) Fisher Scientific--Instrument Manufacturing Division--OP 32-

000-100, effective July 18, 1995, except the expiration date of the

operating permit.

(11) Adelphi Kitchens, Inc.--Robesonia factory--OP 06-1001,

effective April 4, 1995, except the expiration date of the operating

permit.

(12) Birchcraft Kitchens, Inc.--Reading factory--OP 06-1005,

effective April 4, 1995, except the expiration date of the operating

permit.

(13) Glasgow, Inc.--Bridgeport Asphalt Plant--OP 46-0044, effective

June 7, 1995, except the expiration date of the operating permit.

(ii) Additional material.

(A) Remainder of January 6, 1995, July 5, 1995, August 1, 1995,

September 20, 1995, State submittals.

(B) Revision to the Pennsylvania SIP dated March 18, 1996,

submitted by the Pennsylvania Department of Environmental Protection,

pertaining to the 1990 emission inventory for General Glass--Jeannette,

Westmoreland County.

3. Section 52.2037 is amended by adding paragraph (d) to read as

follows:

Sec. 52.2037 Control Strategy: Carbon monoxide and ozone

(hydrocarbons).

* * * * *

(d) NOX RACT determination for the no. 2 glass melting furnace

and the four kilns at the General Glass--Jeannette plant, which

manufactured flat glass, is the current operation, consisting of no

additional controls.

4. Section 52.2036 is amended by adding paragraph (c) to read as

follows:

Sec. 52.2036 1990 Baseyear Emission Inventory.

* * * * *

(c) The 1990 NOX emissions for the no. 2 glass melting furnace

at the General Glass--Jeannette plant, located in Westmoreland County,

Pennsylvania is 508.2 tons per year. Westmoreland County is part of the

Pittsburgh moderate ozone nonattainment area. The 1990 NOX

emissions for the four kilns (no. 1 through 4) is 11.8 tons per year.

This facility does not contain any other NOX emitting units.

[FR Doc. 96-12355 Filed 5-15-96; 8:45 am]

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