Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of a NOINFX RACT Determination for International Paper CompanyHammermill Papers DivisionLockhaven

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 055-4038; FRL-5653-7]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of a NOX RACT Determination for

International Paper Company--Hammermill Papers Division--Lockhaven

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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 International Paper Company--Hammermill Papers Division, a major

source of nitrogen oxide (NOX) emissions. Additionally, it limits

the volatile organic compound (VOC) emissions at this facility to no

more than 50 tons per year; thereby making this facility a synthetic

minor VOC source. The intended effect of this action is to approve a

source-specific operating permit for the emission units at

International Paper--Hammermill Division--Lockhaven, located in Clinton

County, Pennsylvania. This action is being taken under section 110 of

the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on February 28, 1997.

ADDRESSES: 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 Protection, Bureau

of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, (215) 566-2180, at

the EPA Region III office or via e-mail at

[email protected].

SUPPLEMENTARY INFORMATION: On April 9, 1996 (61 FR 15709), EPA

published a direct final rulemaking notice and the accompanying notice

of proposed rulemaking (NPR) (61 FR 15744) for the Commonwealth of

Pennsylvania pertaining to the VOC and NOX RACT determinations for

21 sources. One of these sources was International Paper Company--

Hammermill Papers Division--Lockhaven (IP--Lockhaven), located in

Clinton County, Pennsylvania. On June 28, 1996, adverse comments were

submitted to EPA by the New York Department of Environmental

Conservation (NYDEC) pertaining to the RACT determination for IP--

Lockhaven. The formal SIP revision for IP--Lockhaven was submitted by

Pennsylvania on April 19, 1995. Pennsylvania Department of

Environmental Protection (PADEP) also submitted comments to EPA on the

IP--Lockhaven RACT determination.

NYDEC Comments

New York Department of Environmental Conservation commented that

while they agreed with EPA's determination that RACT for the two 350

mmBTU/hr coal-fired stoker boilers was the operation and maintenance of

the boilers in accordance with manufacturer's specifications and good

air pollution control practices, they disagreed with the accompanying

emission limit of 0.7 lbs NOX/mmBTU, averaged over a 30 day

period, that was also determined to be RACT for these boilers. NYDEC

stated that since the AP-42 emission factor estimates NOX

emissions for this type of unit at 0.56 lbs/mmBTU, the limit of 0.7

lbs/mmBTU was too high. NYDEC concludes that in the absence of

supporting data, the AP-42 emission rate should become the SIP emission

rate for these boilers.

Pennsylvania Comments

Pennsylvania Department of Environmental Protection submitted

comments to EPA on July 16, 1996 stating that the proposed RACT

emission limits of 0.7 lbs NOX/mmBTU for the two boilers at IP--

Lockhaven were established based on actual emissions data. The 30 day

average CEM data recorded for boiler #1 was 0.61 lbs/mmBTU with the

range as 0.52 to 0.67 lbs/mmBTU. The 30 day average CEM data recorded

for boiler #2 was 0.58 lbs/mmBTU with the range as 0.53 to 0.60 lbs/

mmBTU. Since a year's worth of certified data was not available at the

time that DEP issued the permit to IP--Lockhaven (December 1995, OP 18-

0005), DEP established the limit of 0.7 lbs/mmBTU to allow a buffer to

account for the limited emission data. DEP also states that condition

#6 of the IP permit allows the Department to revise the NOX

emission limits based on future CEM data. Furthermore, DEP states that

since the permit was issued, the IP boilers have recorded exceedances

and were

[[Page 4168]]

required to make adjustment to meet the 0.7 lbs/mmBTU permit limit;

indicating to DEP that the 0.7 lbs/mmBTU limit is appropriate for these

boilers.

EPA Response to Comments

The AP-42 emission factors are generally used where there is no

other available data. These factors come from the EPA document

``Compilation of Air Pollution Emission Factors'' (AP-42) now in its

fifth edition (January 1995). These emission factors represent an

estimate of expected emissions and are compiled by EPA for a variety of

industrial sources and cover NOX as well as other pollutants. The

two boilers whose RACT determinations are at issue here are coal-fired

stoker boilers and the AP-42 emission factor is given as 13.7 lbs

NOX/ton of coal burned. In order to convert this emission factor

to units compatible with the proposed RACT emission limits (lbs

NOX/mmBTU), the heating value of the coal used needs to be known

or estimated. Generally the heating value of coal varies from 12,500

BTU to 13,500 BTU per ton of coal. Using the lower end of this range is

the more environmentally conservative part of this range, producing a

slightly higher estimate of emissions. The heating value of 12,500 BTU/

ton coal is also more realistic for this part of the country.

Therefore, the conversion of the 13.7 lbs NOX/ton coal emission

factor is as follows:

13.7 lbs NOX/ton coal x 1 ton coal/2000 lbs x lb coal/12,500

BTU x 106 = 0.55 lbs NOX/mmBTU

This is approximately the 0.56 lbs NOX/mmBTU emission factor that

NYDEC cites as the AP-42 emission factor for the boilers at IP--

Lockhaven.

EPA believes that RACT for the two 350 mmBTU/hr stoker boilers at

IP--Lockhaven should not require the installation of add-on emission

controls. NYDEC agrees with this assessment. Consequently, the RACT

emission limit would reflect emissions achievable without controls.

International Paper--Lockhaven has been required to operate and

maintain continuous emission monitors (CEMs) to monitor NOX at

these two boilers since 1994. Using the CEM data available for these

boilers, beginning with the first quarter in 1994 through the second

quarter in 1996, the NOX emissions from boiler #1, on a quarterly

average, were 0.74 lbs/mmBTU, 0.66 lbs/mmBTU, 0.59 lbs/mmBTU, 0.61 lbs/

mmBTU, 0.63 lbs/mmBTU, 0.64 lbs/mmBTU, 0.60 lbs/mmBTU, 0.54 lbs/mmBTU,

0.54 lbs/mmBTU, and 0.53 lbs/mmBTU. The NOX CEM data for boiler

#2, beginning with the first quarter in 1994 through the second quarter

in 1996, were 0.57 lbs/mmBTU, 0.58 lbs/mmBTU, 0.63 lbs/mmBTU, 0.66 lbs/

mmBTU, 0.70 lbs/mmBTU, 0.72 lbs/mmBTU, 0.67 lbs/mmBTU, 0.60 lbs/mmBTU,

0.60 lbs/mmBTU, and 0.641 lbs/mmBTU. These data are quarterly averages.

CEM data for both running 30 day averages and daily averages are

available for each of the two IP boilers. The running 30 day averages

in the period first quarter 1994 through the second quarter 1996 range

from a low of 0.515 lbs/mmBTU to a high of 0.70 lbs/mmBTU for boiler #1

and from a low of 0.529 lbs/mmBTU to a high of 0.779 lbs/mmBTU for

boiler #2. The daily averages in the same period range from 0.32 lbs/

mmBTU to 0.76 lbs/mmBTU for boiler #1 and from 0.47 lbs/mmBTU to 0.82

lbs/mmBTU for boiler #2. The longer the averaging period, the easier it

is to comply with the same numerical emission limit. For example, a 0.7

lbs/mmBTU limit on a quarterly average is a less stringent emission

limitation (easier for a source to comply with) than a 0.7 lbs/mmBTU

limit on a 30 day rolling average, which is less stringent than

complying with a 0.7 lbs/mmBTU limit on a daily average. The proposed

RACT emission limit for each of the two 350 mmBTU/hr boilers at IP--

Lockhaven is 0.7 lbs NOX/mmBTU on a 30 day rolling average.

EPA's concern with setting a RACT emission limitation for

International Paper is that the limitation should be stringent enough

to require that IP operate the boilers to minimize NOX emissions.

However, since RACT in this case has been determined to be no add-on

emission controls, the RACT emission limitation should not be so

stringent as to make it impossible for IP to meet the limit with its

current operation, provided it is operated in accordance with good air

pollution control practices. Therefore, after considering all the

submitted comments and the CEM data for the two 350 mmBTU/hr stoker

boilers, EPA believes that the emission limitation of 0.7 lbs NOX/

mmBTU, together with the other conditions in the IP--Lockhaven

operating permit (OP 18-0005), constitute RACT for these emission

units.

The IP--Lockhaven operating permit also contains a provision

applicable to the 165 mmBTU/hr boiler that requires it to have ceased

operations by May 31, 1995. EPA agrees that RACT for this boiler is its

shutdown by no later than May 31, 1995. Furthermore, the IP--Lockhaven

operating permit contains a provision that restricts its VOC emissions

to less than 50 tons per year so as to avoid the major source VOC RACT

requirement. A source may agree to federally enforceable requirements

to limit its potential emissions and become a synthetic minor source

for that pollutant. Additional information about the emission units and

RACT requirements at this facility is available in the technical

support document that was made available with the April 9, 1996 Federal

Register notice.

Final Action

EPA has considered the comments submitted by NYDEC and PADEP and

other relevant information and has decided to approve the operating

permit, OP 18-0005, for International Paper Company--Hammermill

Division--Lockhaven as RACT and incorporate it as a revision to the

Pennsylvania SIP. Pursuant to section 182(b)(2) and 182(f) of the Clean

Air Act, EPA is determining that the requirements in OP 18-0005

constitute RACT for the applicable emission units at the IP--Lockhaven

facility.

The Agency has reviewed this request for revision of the Federally-

approved State implementation plan for conformance with the provisions

of the 1990 amendments enacted on November 15, 1990. The Agency has

determined that this action conforms with those requirements

irrespective of the fact that the submittal preceded the date of

enactment.

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.

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 a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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

[[Page 4169]]

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

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.

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

judicial review of this action pertaining to the NOX RACT approval

for International Paper Company--Hammermill Division--Lockhaven

(Clinton County) must be filed in the United States Court of Appeals

for the appropriate circuit by March 31, 1997. 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 7, 1996.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

Chapter I, title 40, of the Code of Federal Regulations 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)(115) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(115) Revisions to the Pennsylvania Regulations, Chapter 129.91

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

the Pennsylvania Department of Environmental Protection:

(i) Incorporation by reference.

(A) One letter dated January 6, 1995 from 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 International Paper Company--Hammermill Papers

Division--Lockhaven.

(B) Operating permit (OP):

(1) International Paper Company--Hammermill Papers Division--

Lockhaven--OP 18-0005, effective December 27, 1994, except the

expiration date of the operating permit.

[FR Doc. 97-2076 Filed 1-28-97; 8:45 am]

BILLING CODE 6560-50-P