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 70-1-7207a; FRL-5338-8]

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.

-----------------------------------------------------------------------

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 one major source and establishes permit conditions to limit eight

source's emissions to below major source threshold levels. The intended

effect of this action is to approve source-specific plan approvals and

operating permits, 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 April 12, 1996 unless notice is

received on or before March 13, 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; 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: Brian K. Rehn, (215) 597-4554, at the

EPA Region III address above, or by E-mail at

Rehn.B[email protected].

SUPPLEMENTARY INFORMATION: On August 1, 1995, the Commonwealth of

Pennsylvania submitted formal revisions 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: (1) James River Corporation--Chambersburg, (2)

Appleton Papers, Inc.--Cumberland County , (3) Air Products &

Chemicals, Inc.--Trexlortown, (4) Elf Atochem North America, Inc., (5)

York City Sewer Authority--Manchester Township, (6) Glasgow, Inc.--Ivy

Rock Plants, (7) Glasgow, Inc.--Spring House Plants, (8) Glasgow,

Inc.--Catanach Plant, (9) Glasgow, Inc.--Freeborn Asphalt Plant. The

remaining plan approvals and operating permits submitted on August 1,

1995 with those being approved today will be addressed in a later

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. Major source size is

determined by a source's location, the classification of the area where

the source is located, and whether it is located in an ozone transport

region (OTR)--as established by the CAA. The Pennsylvania portion of

the Philadelphia ozone nonattainment area is classified as severe, and

consists of Bucks, Chester, Delaware, Montgomery, and Philadelphia

Counties. For severe ozone nonattainment areas, the Clean Air Act

requires RACT for sources emitting 25 tons or more per year of VOCs, or

for sources emitting at least 25 tons per year of NOX.

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, moderate ozone

nonattainment area requirements (including RACT as defined in section

182(b)(2) and 182(f)) apply throughout the OTR. Therefore, RACT is

applicable statewide in Pennsylvania. The Clean Air Act requires RACT

for sources emitting 50 tons per year or more of VOCs, or 100 tons per

year or more of NOX.

The August 1, 1995 Pennsylvania submittals that are the subject of

this notice, are meant to satisfy the RACT requirements for one source

in Pennsylvania and to limit the potential VOC and/or NOX

emissions at eight sources to below the major source size threshold in

order to avoid RACT requirements.

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

[[Page 5304]]

approving one operating permit as RACT and eight operating permits as a

revision to the Pennsylvania SIP to limit those source's emissions to

below the major source threshold. Several of the 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.

RACT Permit

EPA is approving the operating permit (OP 28-2006) for the James

River Corporation's facility, located in Chambersburg, Franklin County.

James River Corporation operates a lithographic printing facility which

is considered a major source of VOC emissions. The specific emission

limitations and other RACT requirements for this source is summarized

in the accompanying technical support document, which is available from

EPA's Region III office. A source-specific RACT emission limitation

that is approved into the Pennsylvania SIP is only the one which has

been officially submitted for approval on August 1, 1995, and is the

subject of a rulemaking notice. Emission limitations approved within

this notice will remain unless and until they are replaced pursuant to

40 CFR part 51 and approved by the U.S. EPA.

Synthetic Minor Source Permits (Sources Located in the OTR Portion of

Pennsylvania, but Outside of Philadelphia)

The three sources below are located outside of the Philadelphia

ozone nonattainment area, but lie within the Northeast OTR established

by the Clean Air Act. Each of these three sources would have the

potential to emit at least 50 tons per year of VOCs and/or 100 tons per

year of NOX, and without limiting permit conditions or controls,

could be defined as a major source under the Clean Air Act. However,

each of these sources has agreed to enforceable permit conditions which

limit actual emissions to below major source thresholds.

Therefore, EPA is approving the operating permit (OP 21-2004) for

Appleton Papers, Inc., located in Lower Allen Township in Cumberland

County. Appleton Papers is a surface coating installation, specializing

in the production of carbonless reproduction paper and, without

limiting permit conditions or controls, would be a major source of both

NOX and VOCs. Appleton Papers has agreed to permit conditions

limiting their NOX emissions to below the major source threshold.

Additionally, Appleton Papers is subject to VOC RACT for surface

coating operations under state regulation 25 PA Code, 129.52(b), and is

therefore not required to submit a case-by-case RACT determination for

its VOC emissions.

Air Products, Inc.'s Trexlortown facility in Lehigh County operates

numerous boilers, heaters, and support equipment, and without limiting

permit conditions or controls, would be considered a major source of

NOX. However, EPA is approving an operating permit (OP 39-0008)

for Air Products and Chemicals Trexlortown facility which caps NOX

emissions to below 100 tons per year, and qualifies the source as a

synthetic minor.

EPA is approving the operating permit (OP 67-2013) for the York

City Sewer Authority's waste water treatment plant, located in

Manchester Township in York County. Without permit limitations or

controls, this facility would be considered a major source of NOX.

However the City has agreed to permit limitations which qualify the

plant as a synthetic minor source.

The approval of the synthetic minor permit conditions for the

sources above limit the emissions at each of these facilities to less

than the major source thresholds, and allow the sources to avoid being

subject to major source RACT requirements. For details of the permit

emission limitations for each of the above sources, please refer to the

technical support document contained in the docket for this action.

Synthetic Minor Permits (Sources Within the Philadelphia Nonattainment

Area)

The five sources below are located within the five-county

Philadelphia ozone nonattainment area. Each of these sources has the

potential to emit at least 25 tons per year of VOCs and/or 25 tons per

year of NOX, and each would therefore be considered a major

source. However, these sources have agreed to enforceable permit

conditions which limit actual emissions to below major source

thresholds, and they are qualified as synthetic minor sources.

Elf Atochem is a chemical research and development facility located

in Upper Merion Township in Montgomery County. Elf Atochem would be

considered a major source of NOX (without limiting permit

conditions or controls). However, since the company's operating permit

(OP 46-0022) limits its NOX emissions to below the major source

threshold, EPA is approving the permit as a synthetic minor.

EPA is approving the operating permit (OP 46-0043) for Glasgow,

Inc.'s two Ivy Rock plants, located in Plymouth Township in Montgomery

County. Glasgow, Inc. operates asphalt batching facilities in Plymouth

Township which, without permit limitations or controls, would be

considered a major source of both VOC and NOX. Glasgow, Inc has

capped their NOX and VOC emissions from its Ivy Rock facilities

operating permit to below major source thresholds, and qualifies for

consideration as a synthetic minor source.

EPA is approving the operating permit (OP 46-0029) for Glasgow,

Inc.'s two Spring House plants, located in Montgomery County. Glasgow

operates asphalt batching plants in Montgomery Township, which would be

defined as a major source of both VOC and NOX, without permit

limitations or controls. Since the source has limited these emissions

to below major source thresholds, EPA is approving the source's permit

as a synthetic minor.

EPA is approving the operating permit (OP 15-0021) for Glasgow,

Inc.'s Catanach plant, located in East Whiteland Township in Chester

County. Without permit limits or controls, Glasgow's Catanach plant

would be considered a major source of both VOC and NOX. The source

has limited its emissions to below major source thresholds, and

qualifies as a synthetic minor.

EPA is approving the operating permit (OP 23-0026) for Glasgow,

Inc.'s Freeborn plant, located in Springfield Township in Delaware

County. Glasgow's Freeborn plant would also be considered a major

source of both VOC and NOX, without permit limitations or

controls, but the source has agreed to limit its emissions as a

synthetic minor.

The approval of the synthetic minor permit conditions for these

sources limit emissions at these facilities to less than major source

thresholds, and allow the sources to avoid being subject to major

source RACT requirements. For details of the emission limitations

contained in the permits for each of the above sources, refer to the

technical support document contained in the docket for this action.

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 April 12, 1996 unless, by March 13, 1996, adverse or critical

comments are received.

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

the

[[Page 5305]]

effective date by publishing a subsequent document that will withdraw

the final action for those permits that are the subject of adverse

comments. All public comments received regarding those permits 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 April 12, 1996.

Final Action

EPA is approving one operating permit as RACT and eight operating

permits to limit emissions at those subject sources to below major

source emission 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 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 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.

EPA has determined that the approval action proposed/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.

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 VOC and NOX RACT

approval of one source and the synthetic minor permit conditions for

eight additional sources, must be filed in the United States Court of

Appeals for the appropriate circuit by April 12, 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: November 24, 1995.

W. Michael McCabe,

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)(104) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(104) Revisions to the Pennsylvania Regulations Chapter 129.91

submitted on August 1, 1995 by the Pennsylvania Department of

Environmental Protection:

(i) Incorporation by reference.

(A) Two letters, one dated August 1, 1995, from James Seif,

Secretary of the Pennsylvania Department of Environmental Protection,

transmitting source-specific VOC and/or NOX RACT determinations in

the form of operating permits for the following sources: James River

Corporation--Chambersburg (Franklin County)--printer. In addition,

operating permits for the following sources containing provisions

limiting these sources as ``synthetic minor'' sources (below RACT

threshold level for VOC and/or NOX emissions) are being approved:

Appleton Papers, Inc. (Cumberland County)--carbon paper producer; Air

Products & Chemicals, Inc.--Trexlortown (Lehigh County)--gas

production/storage facility; Elf Atochem North America, Inc.

(Montgomery County)--chemical research & development firm; York City

Sewer Authority--Manchester Township (York County)--waste water

treatment facility; Glasgow, Inc.--Ivy Rock Plants 1 & 2 (Montgomery

County)--asphalt production facility; Glasgow, Inc.--Catanach Plant

(Chester County)--asphalt production facility; Glasgow, Inc.--Freeborn

Asphalt Plant (Delaware County)--asphalt production facility.

(B) One letter, dated November 15, 1995, from James Seif, Secretary

of the Pennsylvania Department of Environmental Protection,

transmitting source-specific VOC and/or NOX RACT determinations in

the form of operating permits including the following source: Glasgow,

Inc.--Spring House Plants 1 & 2 (Montgomery County)--asphalt production

facility;

(C) Operating permits (OP):

(1) James River Corporation--OP 28-2006, effective June 14, 1995,

except the expiration date of the operating permit.

(2) Appleton Papers, Inc.--OP 21-2004, effective May 24, 1995,

except the expiration date of the operating permit.

(3) Air Products and Chemicals, Inc.--OP 39-0008, effective May 25,

1995, except the expiration date of the operating permit.

(4) Elf Atochem North America, Inc.--OP 46-0022, effective June 27,

1995, except the expiration date of the operating permit.

(5) York City Sewer Authority, Manchester Township--OP 67-2013,

effective March 1, 1995, except the expiration date of the operating

permit.

[[Page 5306]]

(6) Glasgow, Inc., Ivy Rock Asphalt Plants 1 & 2--OP 46-0043,

effective June 7, 1995, except for the expiration date of the operating

permit.

(7) Glasgow, Inc., Spring House Asphalt Plants 1 & 2--OP 46-0029,

effective June 7, 1995, except for the expiration date of the operating

permit.

(8) Glasgow, Inc., Catanach Asphalt Plant--OP 15-0021, effective

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

(9) Glasgow, Inc., Freeborn Asphalt Plant--OP 23-0026, effective

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

[FR Doc. 96-2967 Filed 2-9-96; 8:45 am]

BILLING CODE 6560-50-P