Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of Source-Specific VOC and NOINFX RACT Determinations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4056a; FRL-5809-7]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of Source-Specific VOC and NOX RACT

Determinations

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 volatile organic compounds (VOC) and nitrogen

oxides (NOX) reasonably available control technology (RACT) on

four major sources. The intended effect of this action is to approve

source-specific operating permits, a plan approval and a compliance

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

Act.

DATES: This final rule is effective June 2, 1997 unless by May 19,

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 J. Campbell, Pennsylvania

RACT Team Leader, Mailcode 3AT22, 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 the Pennsylvania

Department of Environmental Protection, Bureau of Air Quality, P.O. Box

8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 566-2185, or by

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 21, 1997, January 28, 1997, and

May 31, 1995, the Commonwealth of Pennsylvania submitted a formal

revision to its State Implementation Plan (SIP). The SIP revision

consists of three operating permits, one plan approval, and one

compliance permit for four individual sources of volatile organic

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

Pennsylvania. Any plan approvals and operating permits submitted

coincidentally with those being approved in this notice, and not

identified below, will be addressed in a separate rulemaking action.

This rulemaking addresses operating permits, a plan approval, and a

compliance permit pertaining to the following sources: (1) Texas

Eastern Transmission Corporation (Bernville, Berks County)--natural gas

compressor station; (2) Texas Eastern Transmission Corporation

(Bechtelsville, Berks County)--natural gas compressor station; (3)

Carpenter Technology Corporation (Reading/Muhlenberg Township, Berks

County)--steel manufacturer; and (4) North American Fluoropolymers

Company (Ontelanunee, Berks County)--manufacturer of teflon crumbs.

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. Therefore,

RACT is applicable statewide in Pennsylvania.

The January 21, 1997, January 28, 1997 and May 31, 1995

Pennsylvania submittals that are the subject of this notice are meant

to satisfy the RACT requirements for four sources in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements for the source-specific

operating permits, plan approval, and compliance permit can be found in

the docket and accompanying technical support document and will not be

reiterated in this notice. One of the operating permits contains

conditions irrelevant to the determination of VOC and NOX RACT.

Consequently, these provisions are not being included in this approval.

Briefly, EPA is approving three operating permits, one plan approval,

and one compliance permit as RACT.

RACT

EPA is approving the operating permits of the following facilities

located in Pennsylvania: (1) Texas Eastern Transmission Corporation

(Bernville, Berks County)--natural gas compressor station--major source

of

[[Page 19050]]

VOC emissions; (2) Texas Eastern Transmission Corporation

(Bechtelsville, Berks County)--natural gas compressor station--major

source of VOC emissions; (3) Carpenter Technology Corporation (Reading/

Muhlenberg Township, Berks County)--steel manufacturer--major source of

VOC and NOX emissions.

EPA is approving a plan approval and a compliance permit for the

following facility: North American Fluoropolymers Company (Ontelanunee,

Berks County)--manufacturer of teflon crumbs--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.

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 June 2, 1997 unless, by May 19, 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 June 2, 1997.

Final Action

EPA is approving three operating permits, one plan approval and one

compliance permit as RACT for four individual sources located in

Pennsylvania.

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

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).

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 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.

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 must be filed in the United States Court

of Appeals for the appropriate circuit by June 2, 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, pertaining to the VOC and NOX RACT

determinations for four sources in Pennsylvania, 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, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements.

Dated: March 31, 1997.

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)(120) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

[[Page 19051]]

(120) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on January 21, 1997,

January 28, 1997, and May 31, 1995 by the Pennsylvania Department of

Environmental Resources (now known as the Pennsylvania Department of

Environmental Protection):

(i) Incorporation by reference.

(A) Four letters, dated January 21, 1997, January 28, 1997, May 31,

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

Environmental Protection transmitting source-specific VOC and/or

NOX RACT determinations in the form of operating permits, a plan

approval and a compliance permit for the following sources:

(1) Texas Eastern Transmission Corporation (Bernville, Berks

County)--natural gas compressor station;

(2) Texas Eastern Transmission Corporation (Bechtelsville, Berks

County)--natural gas compressor;

(3) Carpenter Technology Corporation (Reading/Muhlenberg Township,

Berks County)--steel manufacturer; and

(4) North American Fluoropolymers Company (Ontelanunee, Berks

County)--manufacturer of teflon crumbs.

(B) Operating Permits (OP), Plan Approval (PA) and Compliance

Permit (CP):

(1) Texas Eastern Transmission Corporation (Bernville)--(OP-06-

1033) effective January 31, 1997, except for the expiration date of the

operating permit.

(2) Texas Eastern Transmission Corporation (Bechtelsville)--(OP-06-

1034) effective January 31, 1997, except for the expiration date of the

operating permit.

(3) Carpenter Technology Corporation--(OP-06-1007), effective

September 27, 1996, except for those portions of conditions Nos. 28

through 41 and Nos. 43 through 54 pertaining to non-VOC and non-

NOX pollutants and the expiration date of the operating permit.

(4) North American Fluoropolymers Company--(PA-06-1026) and (CP-06-

1026), effective April 19, 1995, except for the expiration dates of the

plan approval and the compliance permit.

(ii) Additional material.

(A) Remainder of the Commonwealth of Pennsylvania's January 21,

1997, January 27, 1997, and May 31, 1995 submittals.

(B) Additional material submitted by Pennsylvania: Letter dated

March 25, 1997 from Mr. James Salvaggio, Director, Bureau of Air

Quality Control, Pennsylvania Department of Environmental Resources to

Mr. Thomas Maslany, Director, Air, Radiation and Toxics Division, EPA

Region III providing clarifying information related to the Carpenter

Technology Corporation operating permit and the North American

Fluoropolymers Company plan approval.

[FR Doc. 97-9954 Filed 4-17-97; 8:45 am]

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