Federal Register: May 7, 2003 (Volume 68, Number 88)
DOCID: FR Doc 03-11181
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
PA ID: [PA188-4205a; FRL-7482-7]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NO
DATES: This rule is effective on July 7, 2003 without further notice, unless EPA receives adverse written comment by June 6, 2003. 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.
DOCUMENT SUMMARY:
EPA is taking direct final action to approve revisions to the
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The
revisions were submitted by the Pennsylvania Department of
Environmental Protection (PADEP) to establish and require reasonably
available control technology (RACT) for two major sources of volatile
organic compounds (VOC) and nitrogen oxides (NO
SUMMARY:
Pennsylvania,
SUPPLEMENTAL INFORMATION
I. Background
Pursuant to sections 182(b)(2) and 182(f) of the CAA, the
Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is
required to establish and implement RACT for all major VOC and
NO
II. Summary of SIP Revision
On October 30, 2002, PADEP submitted formal revisions to its SIP to
establish and impose casebycase RACT for three major sources of VOC
and NO
The following identifies the individual operating permit that EPA is approving for each source.
A. Textron Lycoming
Textron Inc., owns and operates the Textron Lycoming Reciprocating
Engine Division (TLRED) facility in Williamsport, Lycoming County,
Pennsylvania. Aircraft engines and engine parts are manufactured at the
facility, which is considered a major source of VOC. In this instance,
RACT has been established and imposed by PADEP in an operating permit.
On October 30, 2002, PADEP submitted operating permit No. OP 4100005
to EPA as a SIP revision. The operating permit lists the following sources:
(1) The permit contains VOC emission limit of 3.040 tons per year
(tpy) for the combustion source group. The combustion source group
includes: 7 firetube boilers, 5 air makeup units, 140 Cercor heaters,
42 Dravos air heaters, 2 heat treat furnaces, and 4 aqueous washer
burners (Source IDs: 032, 033, 034, 035, 036, 037, respectively). RACT
for Source IDs 032, 033, 034, 035, 036, and 037 are the installation,
maintenance and operation of the source in accordance to the
manufacturers specifications. The operating permit contains the description of each source:
(a) Source ID 32 includes seven natural gas fired Firetube Boilers rated at 6.28 MMBTU/hr each;
(b) Source ID 033 includes five natural gas fired Air MakeUp Units
with one rated at 3.89 MMBTU/hr, three rated at 5.20 MMBTU/hr each, and another one rated at 6.54 MMBTU/hr;
(c) Source ID034 includes 140 natural gas Cercor Heaters with 111
rated at 0.05 MMBTU/hr each, and 29 rated at 0.10 MMBTU/hr; (d) Source
ID 035 includes 42 natural gas fired Dravos Air Heaters rated from 0.10
to 2.38 MMBTU/hr each. An air heater which has been taken out of
service must comply with all applicable requirements of 25 Pa. Code
section 127.11a in order to be reactivated; (e) Source ID 036 includes
two natural gas fired heat treat furnaces using methanol for
carburization, rated at 0.7 MMBTU/hr each; and (f) Source ID 037
includes four natural gas fired aqueous washer burners rated at 0.24
MMBTU/hr associated with a washer; 0.36 MMBTU/hr associated with a
washer; 0.36 MMBTU/hr associated with a belt washer; and 0.36 MMBTU/hr associated with a spray washer.
(2) Source ID P202 includes 5 large Cooper Tanks with surface area
of more than 10 square feet and Source ID P203 includes 6 Cooper Tanks
with surface area less than 10 square feet. The permit contains a total
combined VOC emission limits of 36.54 tpy from Source IDs P202 and P203
in any 12 consecutive month period. The tanks range in size from 85 to
470 gallons. Each tank contains solvent for the cold degreasing of
metal parts. A Cooper Tank, which has been taken out of service, must
comply with all applicable requirements of 25 Pa. Code section 127.11a in order to be reactivated.
(3) Source ID P204 includes 76 dip tanks. The permit contains a total combined VOC emission of 4.8 tpy from
[[Page 24366]]
Source ID P204 in any 12 consecutive month period. The tanks range in
size from 5 to 50 gallons. Each tank contains solvent for the cold
degreasing of metal parts. A dip tank which has been taken out of
service must comply with all applicable requirements of 25 Pa. Code section 127.11a in order to be reactivated.
(4) Source ID P205 includes 26 corrosion protection tanks. The
permit contains a total combined VOC emission limit of 2.76 tpy from
Source ID P205 in any 12 consecutive month period. The tanks range in
size from 16 to 158 gallons. Each tank contains mineral spirits and
ferrocote for preserving of metal parts between machining operations to
prevent flash rusting. The facility shall maintain records of the total
amount of mineral spirits (``Varsol''), or any other VOC used each
month in Source ID P205. The facility shall keep records of the actual
mineral spirits usage which occurred for each individual month in
Source ID P205. The facility shall also keep records of the supporting
calculations used to verify compliance with the annual VOC emission
limits for Source ID P205. The facility shall retain records for at
least 5 years and shall be made available to PADEP upon request. A
corrosion protection tank which has been taken out of service, must
comply with all applicable requirements of 25 Pa. Code section 127.11a in order to be reactivated.
(5) Source ID P206 includes 23 spray booth degreasers. The permit
contains a total combined VOC emission limit of 24.69 tpy from Source
ID P206 in any 12 consecutive month period. Cleaning of parts in the
spray booths are done by using Varsol pumped through a handheld nozzle
and directed at the part. A spray booth degreaser, which has been taken
out of service, must comply with all applicable requirements of 25 Pa. Code section 127.11a in order to be reactivated.
(6) Source ID P210 includes 11 inspection stations containing a
mixture of iron and iron oxide particles suspended in a lowvolatility
mineral spirit based solution. This solution is used to inspect
equipment for cracks and inclusions. The permit contains total VOC
emission limits of three pounds per hour, 15 pounds per day, or 2.7
tons per 12 consecutive month period for all 11 inspection stations
combined. An inspection station, which has been taken out of service,
must comply with all applicable requirements of 25 Pa. Code section 127.11a in order to be reactivated.
(7) Source ID P230 includes maintenance welding, general
maintenance activities, truck maintenance activities (including spray
booth SB27), floor and general cleaning activities, insect control
activities, and health service activities. The permit contains total
VOC emission limits of three pounds per hour, 15 pounds per day, or 2.7
tons per 12 consecutive month period for all the maintenance activities combined.
(8) Source ID P233 is a fluorescent dye penetrant booth. The permit
contains a potential to emit VOC emission limit of three pounds per
day, 15 pounds per day, or 2.7 tons in any 12 consecutive month period.
A detailed RACT analysis that meets the criteria specified in 25 Pa.
Code section 129.92 is required and must be submitted to PADEP if these
limits are exceeded. The facility shall keep the following records for
Source ID P233: (a) The amount of each VOC containing material used
each month, and (b) supporting calculations used to verify compliance
with the 12 consecutive month emission limitation for VOCs. All such
records shall be retained for a minimum of five years and be provided to PADEP upon request.
(9) Source ID P250 includes three valve check stations that are
used to check engine head assemblies for proper seating. These check
stations do not use VOCcontaining materials. The facility shall keep
records, identifying liquid materials used in Source ID P250 and
information that verifies that these materials does not contain any
VOCs. All such records shall be retained for a minimum of five years and be provided to PADEP upon request.
B. Dominion Trans Inc.
Dominion Trans Inc., is a natural gas transmission facility located
in Clinton County, Pennsylvania. The facility, which uses equipment to
transport and store natural gas is located at the Finnefrock Station
and is considered a major source of VOC and NO
III. EPA's Evaluation of the SIP Revisions
EPA is approving these SIP submittals because the Commonwealth established and imposed requirements in accordance with the criteria set forth in SIPapproved regulations for imposing RACT or for limiting a source's potential to emit. The Commonwealth has also imposed record keeping, monitoring, and testing requirements on these sources sufficient to determine compliance with these requirements. IV. Final Action
EPA is approving a revision to the Commonwealth of Pennsylvania's
SIP which establishes and requires RACT for Textron Inc., Lycoming
County, and Dominion Trans Inc., Clinton County. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates 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 July 7, 2003 without further
[[Page 24367]]
notice unless EPA receives adverse comment by June 6, 2003. 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. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment. V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 1044). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. 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 exempts from section 801 the following types of rules: (1) Rules of particular applicability; (2) rules relating to agency management or personnel; and (3) rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of nonagency 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 establishing source specific requirements for two named sources.
C. 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 July 7, 2003. 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 approving the Pennsylvania's source
specific RACT requirements to control VOC and NO
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: April 4, 2003.
Donald S. Welsh,
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 NNPennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(202) to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(202) Revisions pertaining to VOC and NO
(A) Letter of October 30, 2002 from the Pennsylvania Department of
Environmental Protection transmitting sourcespecific NO
(B) Operating Permits (OP):
(1) Dominion Trans Inc., Clinton County, Title V Permit No.: 18 00005, effective February 16, 2000.
(2) Textron Lycoming, Lycoming County, Title V Permit No.: 41 00005, effective January 12, 2001.
(ii) Additional Material.
(A) A letter of February 11, 2003 from the Pennsylvania Department
of Environmental Protection to EPA transmitting materials related to
the RACT permits listed in paragraph (c)(202)(i) of this section. [[Page 24368]]
(B) Other materials submitted by the Commonwealth of Pennsylvania
in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(202)(i)(B) of this section.
[FR Doc. 0311181 Filed 5603; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Rose Quinto, (215) 814-2182, or by e- mail at quinto.rose@epa.gov.