Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Approval of Source-Specific RACT

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA069-4040, PA078-4041, PA083-4043; FRL-5697-7]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Pennsylvania; Approval of Source-Specific RACT

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 three major sources. The intended effect of this action is to

approve source-specific RACT determinations which establish the above-

mentioned requirements in accordance with Clean Air Act (CAA). This

action is being taken under section 110 of the CAA.

DATES: This final rule is effective May 12, 1997 unless by April 10,

1997, adverse or critical comments are received. If the effective date

is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO &

Mobile Sources Section, Mailcode 3AT21, 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 Protection, Bureau of Air

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

17105.

FOR FURTHER INFORMATION CONTACT: Jeffrey M. Boylan, (215) 566-2094, at

the EPA Region III office or via e-mail at

[[Page 11080]]

[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 August 1, 1995, September 20, 1995,

December 8, 1995 and September 13, 1996, 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 RACT determinations for three individual sources of volatile

organic compounds (VOCs) located in Pennsylvania. This rulemaking

addresses those operating permits pertaining to two facilities, and one

facility (Mercersburg Tanning Company) with no plan approval or

operating permit as the facility has ceased all operations. These

facilities are: 1) DMi Furniture, Inc. (Adams County), 2) R. R.

Donnelley & Sons Company--West Plant (Lancaster County), 3) Mercersburg

Tanning Company--(Franklin County).

Pursuant to section 182(b)(2) and (182(f) of the 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 August 1, 1995, September 20,

1995, December 8, 1995, and September 13, 1996, Pennsylvania submittals

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

requirements for three sources in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements for the source-specific

operating permits can be found in the docket and accompanying technical

support document. Briefly, EPA is approving three RACT determinations

as a revision to the Pennsylvania SIP. 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

EPA is approving the operating permit (OP #01-2001) for DMi

Furniture, Inc. located in Adams County. DMi Furniture, Inc. is a wood

furniture manufacturer and is considered to be a major source of VOC

emissions. All DMi spray booths use air assisted airless application of

coatings. In addition, hybrid waterborne systems are to be used for

certain coating operations. DMi expects a VOC emission reduction of

approximately 38% using the reformulated hybrid waterborne system.

Operating permit (OP #01-2001) will require, among other things, VOC

limitations for the following coatings:

Catalyzed Varnish Topcoat--1.8 lb VOC/lb Solids

Waterborne Topcoat--0.8 lb VOC/lb Solids

Basecoats--0.2 lb VOC/lb Solids

Print Line Inks--0.5 lb VOC/lb Solids

Print Line Sealers--4.5 lb VOC/lb Solids

Spray Sealers (tie coat)--3.9 lb VOC/lb Solids

The permit specifies that VOC emissions from this facility can

never exceed 370 TPY. The facility is also required to keep monthly

records of coating usage, VOC emissions including cleanup solvents such

that compliance with RACT requirements can be determined.

Although the 25 Pa. Code, Section 129.52 is for surface coating

processes, Section 11 of Table I has not been federally approved,

subsequently requiring this RACT determination for DMi Furniture, Inc.

EPA is approving the operating permit (OP #36-2026) for R. R.

Donnelley & Sons--West Plant located in Lancaster County. R. R.

Donnelley & Sons--West Plant is primarily a lithographic printing

facility and is considered to be a major source of VOC emissions. The

boilers are not subject to NOX RACT requirements because the

facilities potential NOX emissions are less than 100 TPY.

The five (5) heatset web offset lithographic printing presses ink

and dampening solutions on the webs are dried by evaporation in high

air velocity natural gas fired dryers, with VOC emissions from the

dryers controlled by two (2) thermal oxidizers. Operating Permit (OP

#36-2026) will require, among other things, that destruction removal

efficiency (DRE) of the thermal oxidizers be at least 90% for VOC's and

combustion chamber temperatures be maintained at least at 1375 deg.F.

With regard to capture efficiency parameters listed in the permit, no

actual site testing has been done nor has a protocol been established

to substantiate CE figures in condition #12. VOC content of all heatset

inks and fountain solutions are not to exceed 45% and 3% by weight

respectively.

The five (5) non-heatset web offset lithographic and two (2)

letterpress printing presses are not controlled by add-on control

devices. Operating Permit (OP #36-2026) will require, among other

things, that VOC content of all non-heatset inks and fountain solutions

are not to exceed 25% and 3% by weight respectively.

Permit conditions will require cleaning solutions to have a

composite partial vapor pressure not to exceed 10 mm Hg at 20 deg.C or

VOC content not to exceed 30% by weight. The company will limit the use

of higher vapor pressure cleaning solvents to less than 5% by weight of

the total manual cleaning solvents used. In addition, the company must

keep all solvent laden rags in closed containers when not in use and

keep all containers containing VOC's tightly closed when not in use.

Condition #6 requires the facility to keep applicable records and

reports in accordance with 25 Pa. Code, Chapter 129.95 such that

compliance with RACT requirements can be determined. Therefore, while

no specific CE testing is required by the permit, such testing may be

required in order to determine compliance with the applicable RACT

requirements.

Although the entire Mercersburg Tanning Company facility ceased

operations in October 1994, 25 PA. Code, Chapter 127, Subchapter E does

not allow ERCs to be generated for emission reductions otherwise

required by mandated programs. RACT is such an applicable program for

Mercersburg Tanning Company. Therefore, EPA is approving a RACT

determination for Mercersburg Tanning Company (no permits due to

facility shutdown) located in Franklin County. RACT for the facility is

determined to be:

--Transfer of all leather coating operations to Spray Lines A, B,

and C beginning the phaseout in October 1993.

--Spray Lines A and B, applying solvent based coating, vented to a

Regenerative Thermal Oxidizer (RTO). Based on testing results

performed in May 1993, 100% capture plus a destruction efficiency of

97% used to calculate VOC emissions from Lines A and B.

--Spray Line C, applying water based coatings (water content 70-90%

by volume). Coating restrictions on Line C limited to the following:

3.5 lb VOC/gal (less water) for base coats and 2.8 lb VOC/gal (less

water) for intermediate coat.

[[Page 11081]]

--Cleaning solvents associated with Lines A and B took place within

booths and vented to RTO. Water utilized as cleaning solvent for

Line C.

Mercersburg Tanning Company was a leather coating operations

facility and considered a major source of VOC emissions. In addition,

EPA is using this document to recognize the emission reduction credits

(ERCs) generated by the shutdown of the Mercersburg Tanning Company

facility; a total of 20 tons of VOC per year.

The source-specific RACT emission limitations that are being

approved into the Pennsylvania SIP are those that were submitted on

August 1, 1995, September 20, 1995, December 8, 1995 and September 13,

1996, and are the subject of this rulemaking notice. These emission

limitations will remain unless and until they are replaced pursuant to

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

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 May 12, 1997 unless, by April 10, 1997, 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 May 12, 1997.

Final Action

EPA is approving three source-specific RACT determinations, two of

which involve operating permits and one (Mercersburg Tanning Company)

which does not involve any type of permit.

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.

Administrative Requirements

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

The EPA's actions under section 502 of the Act do not create any

new requirements, but simply address operating permits programs

submitted to satisfy the requirements of 40 CFR Part 70. Because this

action does not impose any new requirements, it does not have a

significant impact on a substantial number of small entities.

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 CAA

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).

C. Unfunded Mandates

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 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.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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

judicial review of this action, pertaining to the RACT approval for DMi

Furniture, Inc, R.R. Donnelley & Sons--West Plant, and Mercersburg

Tanning Company, must be filed in the United States Court of Appeals

for the appropriate circuit by May 12, 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).)

[[Page 11082]]

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: February 13, 1997.

William T. Wisniewski,

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)(114) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(114) Revisions to the Pennsylvania Regulations Chapter 129.91

through 129.95 pertaining to VOC and NOX RACT, submitted on August

1, 1995, September 20, 1995, December 8, 1995 and September 13, 1996 by

the Pennsylvania Department of Environmental Protection:

(i) Incorporation by reference.

(A) Four letters dated August 1, 1995, September 20, 1995, December

8, 1995 and September 13, 1996 from the Pennsylvania Department of

Environmental Protection transmitting three source-specific RACT

determinations; two of which involve operating permits and one

(Mercersburg Tanning Company) which does not involve any type of

permit. The three sources are:

(1) DMi Furniture, Inc. (Adams County)--wood furniture

manufacturer.

(2) R. R. Donnelley & Sons Company, West Plant (Lancaster County)--

printing facility.

(3) Mercersburg Tanning Company (Franklin County)--leather coating

facility.

(B) Operating Permits (OP):

(1) DMi Furniture, Inc.--OP #01-2001, effective June 13, 1995,

except for the expiration date of the operating permit.

(2) R.R. Donnelley & Sons Company, West Plant--OP #36-2026,

effective July 14, 1995, except for the expiration date of the

operating permit and the parts of conditions 5, 9b & 20 pertaining to

Hazardous Air Pollutants (HAP's).

(ii) Additional material.

(A) Remainder of August 1, 1995, September 20, 1995, December 8,

1995 and September 13, 1996 State submittals pertaining to DMi

Furniture, Inc, R. R. Donnelley & Sons--West Plant, and Mercersburg

Tanning Company.

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

follows:

Sec. 52.2037 Control Strategy: Carbon monoxide and Ozone.

* * * * *

(h) VOC RACT determination for four emission units at Mercersburg

Tanning Company--Franklin County: Spray Lines 3 thru 7, Attic Line,

Spray Lines A and B, Spray Line C. The VOC RACT determination is as

follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines

A and B, for Attic Line; all work transferred to Spray Line C, for

Spray Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO)

with required 100% capture efficiency and 97% destruction efficiency,

for Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water)

on base coats and 2.8 lb VOC/gal (less water) on intermediate coats.

VOC RACT for cleaning solvents associated with Lines A and B vented to

RTO and water utilized as cleaning solvent for Line C.

[FR Doc. 97-5974 Filed 3-10-97; 8:45 am]

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