Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of VOC RACT Determinations for Individual Sources

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4071a; FRL-6104-4]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of VOC RACT Determinations for Individual

Sources

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) reasonably

available control technology (RACT) for eight (8) major sources located

in Pennsylvania. The intended effect of this rule is to approve source-

specific plan approvals and operating permits that establish the above-

mentioned RACT requirements in accordance with the Clean Air Act. This

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

DATES: This final rule is effective August 28, 1998 unless the Agency

receives adverse comment by July 29, 1998. Should the Agency receive

adverse or critical comments it will publish a timely withdrawal in the

Federal Register informing the public that this rule will not take

effect.

ADDRESSES: Comments may be mailed to David Campbell, Air Protection

Division, Mailcode 3AP11, 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 Protection 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: David Campbell, (215) 566-2196, at the

EPA Region III office or via e-mail at [email protected].

While information may be requested via e-mail, any comments must be

submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On April 16, 1996 and March 24, 1998, the

Commonwealth of Pennsylvania submitted formal revisions to its State

Implementation Plan (SIP). Each source subject to this rulemaking will

be identified and discussed below. Any plan approvals and operating

permits submitted coincidentally with those being approved in this

document, and not identified below, will be addressed in a separate

rulemaking action.

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 Pennsylvania

submittals that are the subject of this document are meant to satisfy

the RACT requirements for eight (8) sources in Pennsylvania.

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 (TSD) and will not be

reiterated in this document. Briefly, EPA is approving a revision to

the Pennsylvania SIP pertaining to the determination of RACT for eight

(8) major sources. Several of the operating permits contain conditions

irrelevant to the determination of VOC RACT. Consequently, these

provisions are not being included in this approval for source-specific

VOC RACT.

RACT Determinations

The following table identifies the individual operating permits EPA

is approving. The specific emission limitations and other RACT

requirements for these sources are summarized in the accompanying

technical support document, which is available upon further request

from the EPA Region III office listed in the ADDRESSES section of this

document.

Pennsylvania.--VOC and NOX Ract Determinations for Individual Sources

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

Plan

approval

(PA #)

operating

Source County permit (OP Source type ``Major source'' pollutant

#)

compliance

permit (CP

#)

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The Fibre-Metal Products Company. Delaware.............................. 23-0025 Miscellaneous VOC

manufacturing (safety

products).

Finnaren & Haley, Inc............ Montgomery............................ 46-0070 Paint manufacturing...... VOC

Fres-co System USA, Inc.......... Bucks................................. 09-0027 Graphic arts............. VOC

Graphic Packaging Corp........... Chester............................... 15-0013 Graphic arts............. VOC

[[Page 35146]]

Montour Oil Service Company...... Lycoming.............................. 41-0013 Petroleum storage and VOC

distribution terminal.

Atlantic Refining and Marketing Northumberland........................ 49-0015 Petroleum storage and VOC

Corporation. distribution terminal.

Transwall Corp................... Chester............................... 15-0025 Graphic arts............. VOC

Tavo Packaging, Inc.............. Bucks................................. 09-0008 Miscellaneous VOC

manufacturing (office

furniture).

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EPA is approving this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the rule should adverse or

critical comments be filed. This rule will be effective August 28, 1998

without further notice unless the Agency receives relevant adverse

comments by July 29, 1998.

If EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule did

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. EPA will not

institute a second comment period on the proposed rule. Only parties

interested in commenting on this rule should do so at this time. If no

such comments are received, the public is advised that this rule will

be effective on August 28, 1998 and no further action will be taken on

the proposed rule. If adverse comments are received that do not pertain

to all paragraphs subject to this rule, those paragraphs not affected

by the adverse comments will be finalized in the manner described here.

Only those paragraphs that receive adverse comments will be withdrawn

in the manner described here.

Final Action

EPA is approving eight (8) operating permits as VOC RACT for eight

(8) individual sources.

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

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 Act

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

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. Section 804, however, exempts from section 801 the

following types of rules: rules of particular applicability; rules

relating to agency management or personnel; and rules of agency

organization, procedure, or practice that do not substantially affect

the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA

is not required to submit a rule report

[[Page 35147]]

regarding today's action under section 801 because this is a rule of

particular applicability.

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 August 28, 1998. Filing a

petition for reconsideration by the Regional 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 to approve VOC RACT

determinations for a number of individual sources in Pennsylvania as a

revision to the Commonwealth's SIP may not be challenged later in

proceedings to enforce its requirements. (See section 307(b)(2).)

F. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to

any rule that is (1) likely to be ``economically significant'' as

defined under Executive Order 12866, and (2) the Agency has reason to

believe that the environmental health or safety risk addressed by the

rule may have a disproportionate effect on children. If a regulatory

action meets both criteria, the Agency must evaluate the environmental

health or safety effects of the planned rule on children, and explain

why the planned regulation is preferable to other potentially effective

and reasonably feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045, ``Protection of Children

from Environmental Health Risks and Safety Risks'' because this is not

an ``economically significant'' regulatory action as defined by E.O.

12866, and because it does not involve decisions on environmental

health or safety risks that may disproportionately affect children.

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: May 13, 1998.

William 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 et seq.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(132) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(132) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC RACT, submitted on April 16, 1996 and March 24, 1998

by the Pennsylvania Department of Environmental Protection.

(i) Incorporation by reference.

(A) Two (2) letters submitted by the Pennsylvania Department of

Environmental Protection transmitting source-specific VOC RACT

determinations in the form of operating permits on the following dates:

April 16, 1996 and March 24, 1998.

(B) Operating permits (OP):

(1) The Fibre-Metal Products Company (Delaware County), OP 23-0025,

effective February 20, 1998, except for the expiration date and

conditions Nos. 16 and 17 relating to non-RACT provisions.

(2) Finnaren & Haley, Inc. (Montgomery County), OP 46-0070,

effective March 5, 1998, except for the expiration date and conditions

Nos. 13 and 15 relating to non-RACT provisions.

(3) Fres-co System USA, Inc. (Bucks County), OP 09-0027, effective

March 5, 1998, except for the expiration date and conditions No. 22

relating to non-RACT provisions.

(4) Graphic Packaging Corporation (Chester County), OP 15-0013,

effective February 28, 1998, except for the expiration date and

conditions Nos. 19 and 20 relating to non-RACT provisions.

(5) Montour Oil Service Company (Lycoming County), OP 41-0013,

effective March 19, 1998, except for the expiration date and conditions

Nos. 7 and 9 relating to non-RACT provisions.

(6) Atlantic Refining and Marketing Corporation (Northumberland

County), OP 49-0015, effective March 19, 1998, except for the

expiration date and conditions Nos. 8 and 10 relating to non-RACT

provisions.

(7) Transwall Corporation (Chester County), OP 15-0025, effective

March 10, 1998, except for the expiration date and conditions Nos. 15,

19, and 21 relating to non-RACT provisions.

(8) Tavo Packaging, Inc. (Bucks County), OP 09-0008, effective

November 8, 1995 except for the expiration date and condition No. 7

relating to non-RACT provisions.

(ii) Additional material.

(A) Remainder of the Commonwealth of Pennsylvania's April 16, 1996

and March 24, 1998 VOC and NOX RACT SIP submittals for the

relevant sources.

(B) Additional clarifying material submitted by Pennsylvania:

Letter dated March 24, 1998 from James M. Seif, Secretary, Pennsylvania

Department of Environmental Protection providing additional information

on Tavo Packaging, Inc.

[FR Doc. 98-17117 Filed 6-26-98; 8:45 am]

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