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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
PA ID: [PA208-4214a; FRL-7570-9]
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 December 15, 2003 without further notice, unless EPA receives adverse written comment by November 14, 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 six major sources of volatile
organic compounds (VOC) and nitrogen oxides (NO
SUMMARY: Pennsylvania,
DOCUMENT BODY: [[Page 59322]]
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 the SIP Revision
On July 2, 2003, PADEP submitted formal revisions to its SIP to
establish and impose casebycase RACT for several major sources of VOC
and NO
The following table identifies the individual operating permits that EPA is approving for each source located in Pennsylvania. VOC and NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES Major source Source County OP number Source type pollutant GPU Generation Corporation Indiana............ 32000055 Boilers; Low NOX NOX/VOC Homer City Station. Burners. GPU Generation Corporation Indiana............ 32000040 SteamFired Boilers, NOX/VOC Seward Station. Diesels, Space Heaters. Ebensburg Power Company........ Cambria............ 11000318 CFB Boiler; GasFired NOX/VOC Boiler, Diesel Generators. Sithe Pennsylvania Holdings, Warren............. OP62012B Boilers; Combustion NOX/VOC L.L.C.Warren Station. Turbines; Diesel Generators. Pennsylvania Power & Light Snyder............. OP550001A Boilers; Combustion NOX/VOC CompanySunbury SES. Turbines; Diesel Generators. Lakeview Landfill.............. Erie............... OP25920 Enclosed Flare........ VOC A. GPU Generation CorporationHomer City Station
GPU Generation Corporation's Homer City Power Station is located in
Center Township, Indiana County, Pennsylvania. GPU Generation's Homer
City Power Station is a major NO
NO
NO
manufacturer's specifications, and good air pollution control
practices. These units shall use only No. 2 fuel oil, and shall be
limited to an annual capacity factor of 10 percent. RACT for the two
emergency diesels and the diesel fire pump shall be the installation, maintenance, and operation
[[Page 59323]]
of the sources in accordance with the manufacturer's specifications
under the presumptive RACT emission limitations found in 25 PA Code,
Chapter 129, section 129.93(c)(5). These units shall be operated less
than 500 hours in a consecutive 12month period. GPU's Homer City
facility shall maintain an open log to verify compliance for the
auxiliary Units A and B, emergency diesels, and fire pump. This log shall include: hours of operation, fuel characteristics
(specifications) and the amount and type of fuel (fuel consumption).
The space heaters are combustion sources with individual rated gross
heat inputs of less than 20 MMBtu per hour qualifying them for the
presumptive RACT emission limitation found in 25 PA Code, Chapter
129.93(c)(1). RACT for these sources shall be the installation,
maintenance and operation of these sources in accordance with the manufacturer's specifications.
GPU Generation Corporation's Homer City Station is also subject to the requirements of 25 PA Code, Chapter 129, sections 129.91129.95. B. GPU Generation CorporationSeward Station
GPU Generation Corporation's Seward Power Station is located in
East Wheatfield Township, Indiana County, Pennsylvania. GPU Generation
Corporation's Seward Power Station is a major NO
NO
RACT for the two emergency power diesel engines shall be the operation and maintenance of the sources according to the
manufacturer's specifications in accordance with the presumptive RACT
emission limitations found in 25 PA Code, Chapter 129, section
129.93(c)(5). These emergency diesels shall each be limited to
operating less than 500 hours in any consecutive 12month period. The
space and portable heaters are combustion sources with individual rated
gross heat inputs of less than 20 MMBtu per hour of operation,
qualifying them for presumptive RACT under 25 PA Code, Chapter 129,
section 129.93(c)(1). The total amount and type of fuel burned in the
two emergency diesels and 13 space heaters shall be recorded and used
as the basis for annual reporting of the emissions to verify compliance
with the limits noted above. GPU's Seward Station shall maintain an
operating log for the emergency diesels to verify compliance with the
restriction on hours of operation and the presumptive RACT limitations.
All sources and air cleaning devices shall be operated and maintained in accordance with good air pollution control practices.
In accordance with 25 PA Code, Chapter 129, section 129.95, GPU's Seward Station is required to keep sufficient records to demonstrate compliance with the limitations, restrictions, and requirements of this RACT permit. These records shall provide sufficient data and calculations to clearly demonstrate compliance consistent with all averaging times and periods. These records shall be maintained for at least two years and be made available to the Department upon request. C. Ebensburg Power Company
Ebensburg Power Company is a cogeneration facility located in
Cambria Township, Cambria County, Pennsylvania. The Ebensburg Power
Company is a major NO
NO
NO
In accordance with 25 PA Code, Chapter 129, section 129.95, the
owner/operator of the Ebensburg Power Company shall keep sufficient
records to demonstrate compliance with the limitations, restrictions,
and requirements of this RACT permit. These records shall provide
sufficient data and calculations to clearly demonstrate compliance
consistent with all averaging times and periods. These records shall be
retained for at least two years and be made available to the Department upon request.
D. Sithe Pennsylvania Holdings, LLCWarren Generating Station
Sithe Pennsylvania Holdings, LLC owns and operates the Warren
Generating Station in Warren County, Pennsylvania. Sithe Pennsylvania
Holdings, LLC's Warren Generation Station is a major NO
[[Page 59324]]
combustion turbine unit; and one (1) oilfired emergency diesel generator.
NO
NO
Within 30 days after the end of each calendar quarter, quarterly reports shall be submitted to the Department to show compliance with the RACT requirements for Boilers 1, 2, 3, and 4 and the combustion turbine.
NO
VOC RACT for all sources shall be the operation and maintenance in accordance with the manufacturer's specifications and good air pollution control practices. Fugitive evaporative sources of VOCs shall comply with the requirements of 25 PA Code, sections 129.51, 129.54 129.72, 129.81, and 129.82, as applicable.
E. Pennsylvania Power & Light CompanySunbury SES
Pennsylvania Power & Light Company's (PP&L) Sunbury Steam Electric
Station (SES) is located in the Borough of Shamokin, Snyder County,
Pennsylvania. PP&L's Sunbury Power Station is a major NO
Pursuant to the RACT provisions of 25 PA Code, Chapter 129,
sections 129.9195, Units 1A, 1B, 2A, and 2B shall be operated and
maintained in accordance with the manufacturer's specifications and
good air pollution control practice. The NO
NO
NO
PP&L's Sunbury Station shall operate and maintain continuous
NO
[[Page 59325]]
F. Lakeview Landfill
Lakeview Landfill is located in Summit Township, Erie County, Pennsylvania. The Lakeview Landfill is a major VOC emitting facility. In this instance, RACT has been established and imposed by the PADEP in an OP. On July 2, 2003, PADEP submitted OP25920 to EPA as a SIP revision. This operating permit incorporates RACT determinations for VOCs for the following source at the Sunbury facility: One (1) enclosed flare.
RACT for the enclosed flare at the Lakeview Landfill facility shall
be the installation, maintenance, and operation in accordance with the
manufacturer's specifications and with good air pollution control
practices. The enclosed flare shall also comply with the destruction/
removal efficiency (DRE) of at least 98 percent (by weight) for non
methane organic compounds (NMOC). An inspection and cleaning of the
enclosed flare shall be conducted annually. This inspection shall
include the fuel nozzles or the flame pattern or characteristics.
Adjustments in the combustion process shall be conducted if necessary
to minimize the formation of NO
Lakeview Landfill shall comply with the recordkeeping requirements of 25 PA Code, section 129.95. Records of fuel quantity and consumption shall be maintained by the facility and forwarded to the Department upon request.
III. Final Action
EPA is approving these RACT SIP submittals because the Commonwealth established and imposed these RACT requirements in accordance with the criteria set forth in the SIPapproved regulations for imposing RACT or for limiting a source's potential to emit. The Commonwealth has also imposed recordkeeping, monitoring, and testing requirements on these sources sufficient to determine compliance with these requirements.
EPA is publishing 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 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 December 15, 2003 without further notice unless EPA receives adverse comment by November 14, 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.
You may submit comments either electronically or by mail. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number PA2084214 in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.
i. Email. Comments may be sent by electronic mail (email) to morris.makeba@epa.gov attention: PA2084214. EPA's email system is not
an ``anonymous access'' system. If you send an email comment directly without going through Regulations.gov, EPA's email system
automatically captures your email address. Email addresses that are
automatically captured by EPA's email system are included as part of the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov , then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, email
address, or other contact information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in the ADDRESSES section of this document. These electronic submissions will be accepted in WordPerfect, Word or ASCII file format. Avoid the use of special characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA Regional office listed in the ADDRESSES section of this document.
For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at the EPA Regional Office, as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI electronically to EPA. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
[[Page 59326]]
In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the official public regional rulemaking file. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public file and available for public inspection without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your comments.
IV. 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 six 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 December 15, 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 Pennsylvania's sourcespecific
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, Volatile organic compounds.
Dated: September 29, 2003.
James W. Newsom,
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.
[[Page 59327]]
Subpart NNPennsylvania
2. Section 52.2020 is amended by adding paragraph (c)(212) to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(212) Revisions to the Pennsylvania Regulations pertaining to VOC
and NO
(i) Incorporation by reference.
(A) Letter of July 2, 2003 by the Pennsylvania Department of
Environmental Protection transmitting sourcespecific NO
(B) The following operating permits (OP):
(1) GPU Generation Corp., Homer City Station, Indiana County, 32 000055, effective October 29, 1998.
(2) GPU Generation Corp., Seward Station, Indiana County, 32000 040, effective April 30, 1998.
(3) Ebensburg Power Company, Ebensburg Cogeneration Plant, Cambria County, 11000318, effective March 28, 2001.
(4) Sithe Pennsylvania Holdings LLC, Warren Station, Warren County, OP62012B, effective January 20, 2000.
(5) Pennsylvania Power & Light Company, Sunbury SES, Snyder County, OP550001A, effective July 7, 1997.
(6) Lakeview Landfill, Erie County, OP25920, effective May 29, 1997.
(ii) Additional Material.Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(212)(i) of this section.
[FR Doc. 0325931 Filed 101403; 8:45 am]
BILLING CODE 656052P
FOR FURTHER INFORMATION CONTACT Ellen Wentworth at (215) 814-2034, or by e-mail at wentworth.ellen@epa.gov.
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