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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA129-4083a; FRL-6323-6]

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 taking direct final action to approve revisions to the

Pennsylvania state implementation plan (SIP). The revisions impose

reasonably available control technology (RACT) to reduce volatile

organic compounds (VOC) emissions from six (6) major sources located in

Pennsylvania. EPA is approving these revisions to establish RACT

requirements in accordance with the Clean Air Act.

DATES: This rule is effective on June 15, 1999 without further notice,

unless EPA receives adverse written comment by May 17, 1999. If EPA

receives such comments, it will publish a timely withdrawal of the

direct final rule in the Federal Register and inform the public that

the rule will not take effect.

ADDRESSES: Comments may be mailed to Kathleen Henry, Air Protection

Division, Mailcode 3AP11, U.S. Environmental Protection Agency, Region

III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 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, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; 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: Linda Miller, (215) 814-2068, 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:

I. Background

On December 8, 1995, October 18, 1996, July 24, 1998 and October 2,

1998, the Pennsylvania Department of Environmental Protection (PADEP)

submitted formal revisions to its state implementation plan (SIP). Each

submittal consisted of source-specific operating permits imposing RACT

on individual sources. Each source covered by this rulemaking will be

specifically identified and discussed below. Any additional operating

permits for other individual sources submitted coincidentally with

those being addressed in this document will 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

nitrogen oxides (NOX) sources. 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 entire State of Pennsylvania is located in the OTR. 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 moderate or marginal nonattainment

areas, were previously classified as marginal but are now areas where

the one-hour ozone standard no longer applies, 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 to reduce VOC emissions from six (6)

sources in Pennsylvania.

II. Summary of SIP Revision

The details of the RACT requirements imposed in each of the source-

specific operating permits can be found in the state submittals and in

the accompanying technical support document (TSD) prepared by EPA to

support of this rulemaking action. Copies of the TSD are available,

upon request, from the EPA Regional Office listed in the ADDRESSES

section of this document. Briefly, EPA is approving revisions to the

Pennsylvania SIP pertaining to the determination of RACT for six (6)

major sources of VOC. Several of the operating permits contain

conditions irrelevant to the determination and imposition of RACT.

Consequently, those provisions of the operating permits were not

considered part of PADEP's SIP revision request to approve RACT for

these six (6) sources.

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 TSD

prepared by EPA to support this rulemaking. As previously stated copies

of the TSD are available, upon request, from the EPA Regional Office

listed in the ADDRESSES section of this document.

[[Page 18822]]

Pennsylvania--VOC and NOX RACT Determinations for Individual Sources

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

Plan Approval (PA#),

Operating Perment (OP#), ``Major

Source County Compliance Permit (CP Source type source''

#) pollutant

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

GKN Sinter Metals.............. Cameron.......... OP 12-0002 Powdered metal VOC

parts

manufacturing.

Springs Window Fashions Div., Lycoming......... OP 41-0014 Surface coating.. VOC

Inc..

Cabinet Industries, Inc........ Montour.......... OP 47-0005 Surface coating.. VOC

Centennial Printing Corporation Montgomery....... OP 46-0068 Graphic arts..... VOC

Strick Corporation............. Montour.......... OP 47-0002 Surface coating.. VOC

Handy and Harmon Tube Company.. Montgomery....... OP 46-0016 Tube VOC

manufacturing.

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

EPA is publishing this rule without prior proposal because we view

this as a noncontroversial amendment and anticipate no adverse comment.

However, in the ``Proposed Rules'' section of today's Federal Register,

EPA is publishing a separate document that will serve as the proposal

to approve the SIP revision if adverse comments are filed. This rule

will be effective on June 15, 1999 without further notice unless we

receive adverse comment by May 17, 1999. If EPA receives adverse

comment, EPA will publish a timely withdrawal in the Federal Register

informing the public that the rule will not take effect. EPA will

address all public comments in a subsequent final rule based on the

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting must do so at this time.

III. Final Action

EPA is approving six (6) source-specific operating permits imposing

RACT to reduce VOC emissions from GKN Sinter Metals, Inc. (Cameron

County), Springs Window Fashions Division, Inc. (Lycoming County),

Cabinet Industries Inc. (Montour County), Centennial Printing Corp.,

Strick Corporation (Montour County), and Handy and Harmon Tubing Co.

(Montgomery County).

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under E.O. 12866, entitled ``Regulatory

Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If EPA complies by consulting, E.O. 12875 requires EPA to

provide to the Office of Management and Budget a description of the

extent of EPA's prior consultation with representatives of affected

state, local, and tribal governments, the nature of their concerns,

copies of written communications from the governments, and a statement

supporting the need to issue the regulation. In addition, E.O. 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local, and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Executive Order 13045, entitled ``Protection of Children from

Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,

1997), applies to any rule that the EPA determines (1) is

``economically significant,'' as defined under Executive Order 12866,

and (2) the environmental health or safety risk addressed by the rule

has a disproportionate effect on children. If the 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 final rule is not subject to Executive Order 13045 because it

is not an economically significant regulatory action as defined by

Executive Order 12866, and it does not address an environmental health

or safety risk that would have a disproportionate effect on children.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If EPA complies by

consulting, E.O. 13084 requires EPA to provide to the Office of

Management and Budget, in a separately identified section of the

preamble to the rule, a description of the extent of EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a statement supporting the

need to issue the regulation. In addition, E.O. 13084 requires EPA to

develop an effective process permitting elected and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.'' Today's rule

does not significantly or uniquely affect the communities of Indian

tribal governments. This action does not involve or impose any

requirements that affect Indian Tribes. Accordingly, the requirements

of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and

[[Page 18823]]

small governmental jurisdictions. This final rule will not have a

significant impact on a substantial number of small entities because

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 create any new requirements, I certify

that this action will not have a significant economic impact on a

substantial number of small entities. Moreover, due to the nature of

the Federal-State relationship under the Clean Air Act, 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).

F. 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

annual 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 annual 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

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

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

approving six source-specific operating permits which impose RACT to

reduce VOC from GKN Sinter Metals, Inc. (Cameron County), Springs

Window Fashions Division, Inc. (Lycoming County), Cabinet Industries

Inc. (Montour County), Centennial Printing Corp., Strick Corporation

(Montour County), and Handy and Harmon Tubing Co. (Montgomery County).

H. Petitions for Judicial Review

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

judicial review of this action to approve the RACT determinations to

reduce VOC from GKN Sinter Metals, Inc. (Cameron County), Springs

Window Fashions Division, Inc. (Lycoming County), Cabinet Industries

Inc. (Montour County), Centennial Printing Corp., Strick Corporation

(Montour County), and Handy and Harmon Tubing Co. (Montgomery County)

must be filed in the United States Court of Appeals for the appropriate

circuit by June 15, 1999. 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 to

approve VOC RACT determinations for six 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, Ozone,

Reporting and recordkeeping requirements.

Dated: April 5, 1999.

Thomas Voltaggio,

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)(138) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(138) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC RACT, submitted on December 8, 1995, September 13,

1996, October 18, 1996, July 24, 1998, and October 2, 1998 by the

Pennsylvania Department of Environmental Protection.

(i) Incorporation by reference.

(A) Five (5) letters submitted by the Pennsylvania Department of

Environmental Protection transmitting source-specific VOC

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

December 8, 1995, September 13, 1996, October 18, 1996, July 24, 1998,

and October 2, 1998.

(B) Operating permits (OP):

(1) GKN Sinter Metals, Inc. (Cameron County), OP-12-0002, effective

September 30, 1998, except for the expiration date and conditions Nos.

14-20 relating to non-RACT provisions.

(2) Springs Window Fashions Division, Inc. (Lycoming County), OP-

41-0014, effective September 29, 1998, except for the expiration date

and conditions Nos. 9-10 relating to non-RACT provisions.

(3) Cabinet Industries, Inc. (Montour County), OP-47-0005,

effective September 21, 1998, except for the expiration date and

conditions Nos. 5-8 relating to non-RACT provisions.

(4) Centennial Printing Corp. (Montgomery County), OP-46-0068,

effective October 31, 1996, as revised on May 11, 1998 except for the

expiration date and conditions Nos. 13-15 and 17-20 pertaining to non-

RACT provisions.

(5) Strick Corporation (Montour County), OP-47-0002, effective

August 28, 1996, except for the expiration date and conditions Nos. 10-

11 and 21-22 relating to non-RACT provisions.

(6) Handy and Harmon Tube Co. (Montgomery County), OP-46-0016

effective September 25, 1995, except for the expiration dates and

conditions No. 11 relating to non-RACT provisions.

(ii) Additional Materials--Remainder of the Commonwealth of

Pennsylvania's September 13, 1996, December 18, 1996, October 18, 1996,

July 24, 1998 and October 2, 1998 submittals pertaining to

[[Page 18824]]

the VOC RACT requirements for GKN Sinter Metals, Inc. (Cameron County),

Springs Window Fashions Division, Inc. (Lycoming County), Cabinet

Industries Inc. (Montour County), Centennial Printing Corp., Strick

Corporation (Montour County), and Handy and Harmon Tubing Co.

(Montgomery County).

[FR Doc. 99-9462 Filed 4-15-99; 8:45 am]

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