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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4067a; FRL-5968-2]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of VOC and NOX 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) and nitrogen

oxides (NOX) reasonably available control technology (RACT)

for six (6) major sources located in Pennsylvania. The intended effect

of this action is to approve source-specific operating permits and

compliance 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 action is effective May 8, 1998, unless notice is received

on or before April 8, 1998, 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 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 J. 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 December 31, 1997, 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 six (6) sources in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements for the source-specific

operating and compliance 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 six

(6) major sources. 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 source-specific VOC or NOX RACT.

RACT Determinations

The following table identifies the individual operating and

compliance 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

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Operating permit

Source County (OP #), compliance Source type ``Major source''

permit (CP #) pollutant

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Allegro MicroSystems W.G. Inc.. Montgomery......... OP 46-0006 Semiconductor VOC

manufacturing.

Hale Products, Inc............. Montgomery......... OP 46-0057 Foundry........... VOC

Con-Lime....................... Centre............. OP 14-0001 Lime manufacturing NOX

Coastal Aluminum Rolling Mills, Lycoming........... OP 41-0007 Secondary metal VOC

Inc. processing.

International Envelope Company. Chester............ OP 15-0023 Printing.......... VOC

[[Page 11371]]

Brown Printing Company......... Montgomery......... CP 46-0018 Printing.......... NOX, VOC

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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 May 8, 1998,

without further notice unless the Agency receives relevant adverse

comments by April 8, 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 May 8, 1998, and no further action will be taken on the

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

all paragraphs in 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 five (5) operating permits and one (1) compliance

permit as RACT for six (6) 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 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 May 8, 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

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action to approve VOC and NOX 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).)

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 3, 1998.

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 et seq.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(130) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(130) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on December 31,

1997 by the Pennsylvania Department of Environmental Protection.

(i) Incorporation by reference.

(A) A December 31, 1997 letter submitted by the Pennsylvania

Department of Environmental Protection transmitting source-specific VOC

and/or NOX RACT determinations in the form of operating and

compliance permits.

(B) Operating permits (OP), compliance permits (CP):

(1) Allegro MicroSystems W.G., Inc. (Montgomery County)--OP 46-

0006, effective December 19, 1997, except for the expiration date and

items Nos. 9, 13 and 14(D) relating to non-RACT provisions.

(2) Hale Products, Inc. (Montgomery County)--OP 46-0057, effective

November 21, 1997, except for the expiration date.

(3) Con-Lime, Inc. (Centre County)--OP 14-0001, effective January

7, 1998, except for the expiration date and items (or portions thereof)

Nos. 8, 9, 17, 18, 19, 20, 21, 22, 24, 25, and 28 relating to non-RACT

provisions.

(4) Coastal Aluminum Rolling Mills, Inc. (Lycoming County)--OP 41-

0007, effective November 21, 1997, except for the expiration date and

items (or portions thereof) Nos. 9, 20, and 28 relating to non-RACT

provisions.

(5) International Envelope Company (Chester County)--OP 15-0023,

effective November 2, 1995, except for the expiration date.

(6) Brown Printing Company (Montgomery County)--CP 46-0018,

effective September 26, 1996, except for the expiration date.

(ii) Additional material.

(A) Remainder of the Commonwealth of Pennsylvania's December 31,

1997 VOC and NOX RACT SIP revision submittal.

[FR Doc. 98-5413 Filed 3-6-98; 8:45 am]

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