[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Rules and Regulations]
[Pages 4167-4169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 055-4038; FRL-5653-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Approval of a NO<INF>X RACT Determination for 
International Paper Company--Hammermill Papers Division--Lockhaven

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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 reasonably available control technology (RACT) 
on International Paper Company--Hammermill Papers Division, a major 
source of nitrogen oxide (NO<INF>X) emissions. Additionally, it limits 
the volatile organic compound (VOC) emissions at this facility to no 
more than 50 tons per year; thereby making this facility a synthetic 
minor VOC source. The intended effect of this action is to approve a 
source-specific operating permit for the emission units at 
International Paper--Hammermill Division--Lockhaven, located in Clinton 
County, Pennsylvania. This action is being taken under section 110 of 
the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on February 28, 1997.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics 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; and Pennsylvania Department of Environmental Protection, Bureau 
of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, (215) 566-2180, at 
the EPA Region III office or via e-mail at 
<a href="/cdn-cgi/l/email-protection#532027323b3f7d302a3d273b3a32133623323e323a3f7d3623327d343c25"><span class="__cf_email__" data-cfemail="d7a4a3b6bfbbf9b4aeb9a3bfbeb697b2a7b6bab6bebbf9b2a7b6f9b0b8a1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On April 9, 1996 (61 FR 15709), EPA 
published a direct final rulemaking notice and the accompanying notice 
of proposed rulemaking (NPR) (61 FR 15744) for the Commonwealth of 
Pennsylvania pertaining to the VOC and NO<INF>X RACT determinations for 
21 sources. One of these sources was International Paper Company--
Hammermill Papers Division--Lockhaven (IP--Lockhaven), located in 
Clinton County, Pennsylvania. On June 28, 1996, adverse comments were 
submitted to EPA by the New York Department of Environmental 
Conservation (NYDEC) pertaining to the RACT determination for IP--
Lockhaven. The formal SIP revision for IP--Lockhaven was submitted by 
Pennsylvania on April 19, 1995. Pennsylvania Department of 
Environmental Protection (PADEP) also submitted comments to EPA on the 
IP--Lockhaven RACT determination.

NYDEC Comments

    New York Department of Environmental Conservation commented that 
while they agreed with EPA's determination that RACT for the two 350 
mmBTU/hr coal-fired stoker boilers was the operation and maintenance of 
the boilers in accordance with manufacturer's specifications and good 
air pollution control practices, they disagreed with the accompanying 
emission limit of 0.7 lbs NO<INF>X/mmBTU, averaged over a 30 day 
period, that was also determined to be RACT for these boilers. NYDEC 
stated that since the AP-42 emission factor estimates NO<INF>X 
emissions for this type of unit at 0.56 lbs/mmBTU, the limit of 0.7 
lbs/mmBTU was too high. NYDEC concludes that in the absence of 
supporting data, the AP-42 emission rate should become the SIP emission 
rate for these boilers.

Pennsylvania Comments

    Pennsylvania Department of Environmental Protection submitted 
comments to EPA on July 16, 1996 stating that the proposed RACT 
emission limits of 0.7 lbs NO<INF>X/mmBTU for the two boilers at IP--
Lockhaven were established based on actual emissions data. The 30 day 
average CEM data recorded for boiler #1 was 0.61 lbs/mmBTU with the 
range as 0.52 to 0.67 lbs/mmBTU. The 30 day average CEM data recorded 
for boiler #2 was 0.58 lbs/mmBTU with the range as 0.53 to 0.60 lbs/
mmBTU. Since a year's worth of certified data was not available at the 
time that DEP issued the permit to IP--Lockhaven (December 1995, OP 18-
0005), DEP established the limit of 0.7 lbs/mmBTU to allow a buffer to 
account for the limited emission data. DEP also states that condition 
#6 of the IP permit allows the Department to revise the NO<INF>X 
emission limits based on future CEM data. Furthermore, DEP states that 
since the permit was issued, the IP boilers have recorded exceedances 
and were

[[Page 4168]]

required to make adjustment to meet the 0.7 lbs/mmBTU permit limit; 
indicating to DEP that the 0.7 lbs/mmBTU limit is appropriate for these 
boilers.

EPA Response to Comments

    The AP-42 emission factors are generally used where there is no 
other available data. These factors come from the EPA document 
``Compilation of Air Pollution Emission Factors'' (AP-42) now in its 
fifth edition (January 1995). These emission factors represent an 
estimate of expected emissions and are compiled by EPA for a variety of 
industrial sources and cover NO<INF>X as well as other pollutants. The 
two boilers whose RACT determinations are at issue here are coal-fired 
stoker boilers and the AP-42 emission factor is given as 13.7 lbs 
NO<INF>X/ton of coal burned. In order to convert this emission factor 
to units compatible with the proposed RACT emission limits (lbs 
NO<INF>X/mmBTU), the heating value of the coal used needs to be known 
or estimated. Generally the heating value of coal varies from 12,500 
BTU to 13,500 BTU per ton of coal. Using the lower end of this range is 
the more environmentally conservative part of this range, producing a 
slightly higher estimate of emissions. The heating value of 12,500 BTU/
ton coal is also more realistic for this part of the country. 
Therefore, the conversion of the 13.7 lbs NO<INF>X/ton coal emission 
factor is as follows:

13.7 lbs NO<INF>X/ton coal  x  1 ton coal/2000 lbs  x  lb coal/12,500 
BTU  x  10<SUP>6 = 0.55 lbs NO<INF>X/mmBTU

This is approximately the 0.56 lbs NO<INF>X/mmBTU emission factor that 
NYDEC cites as the AP-42 emission factor for the boilers at IP--
Lockhaven.
    EPA believes that RACT for the two 350 mmBTU/hr stoker boilers at 
IP--Lockhaven should not require the installation of add-on emission 
controls. NYDEC agrees with this assessment. Consequently, the RACT 
emission limit would reflect emissions achievable without controls. 
International Paper--Lockhaven has been required to operate and 
maintain continuous emission monitors (CEMs) to monitor NO<INF>X at 
these two boilers since 1994. Using the CEM data available for these 
boilers, beginning with the first quarter in 1994 through the second 
quarter in 1996, the NO<INF>X emissions from boiler #1, on a quarterly 
average, were 0.74 lbs/mmBTU, 0.66 lbs/mmBTU, 0.59 lbs/mmBTU, 0.61 lbs/
mmBTU, 0.63 lbs/mmBTU, 0.64 lbs/mmBTU, 0.60 lbs/mmBTU, 0.54 lbs/mmBTU, 
0.54 lbs/mmBTU, and 0.53 lbs/mmBTU. The NO<INF>X CEM data for boiler 
#2, beginning with the first quarter in 1994 through the second quarter 
in 1996, were 0.57 lbs/mmBTU, 0.58 lbs/mmBTU, 0.63 lbs/mmBTU, 0.66 lbs/
mmBTU, 0.70 lbs/mmBTU, 0.72 lbs/mmBTU, 0.67 lbs/mmBTU, 0.60 lbs/mmBTU, 
0.60 lbs/mmBTU, and 0.641 lbs/mmBTU. These data are quarterly averages. 
CEM data for both running 30 day averages and daily averages are 
available for each of the two IP boilers. The running 30 day averages 
in the period first quarter 1994 through the second quarter 1996 range 
from a low of 0.515 lbs/mmBTU to a high of 0.70 lbs/mmBTU for boiler #1 
and from a low of 0.529 lbs/mmBTU to a high of 0.779 lbs/mmBTU for 
boiler #2. The daily averages in the same period range from 0.32 lbs/
mmBTU to 0.76 lbs/mmBTU for boiler #1 and from 0.47 lbs/mmBTU to 0.82 
lbs/mmBTU for boiler #2. The longer the averaging period, the easier it 
is to comply with the same numerical emission limit. For example, a 0.7 
lbs/mmBTU limit on a quarterly average is a less stringent emission 
limitation (easier for a source to comply with) than a 0.7 lbs/mmBTU 
limit on a 30 day rolling average, which is less stringent than 
complying with a 0.7 lbs/mmBTU limit on a daily average. The proposed 
RACT emission limit for each of the two 350 mmBTU/hr boilers at IP--
Lockhaven is 0.7 lbs NO<INF>X/mmBTU on a 30 day rolling average.
    EPA's concern with setting a RACT emission limitation for 
International Paper is that the limitation should be stringent enough 
to require that IP operate the boilers to minimize NO<INF>X emissions. 
However, since RACT in this case has been determined to be no add-on 
emission controls, the RACT emission limitation should not be so 
stringent as to make it impossible for IP to meet the limit with its 
current operation, provided it is operated in accordance with good air 
pollution control practices. Therefore, after considering all the 
submitted comments and the CEM data for the two 350 mmBTU/hr stoker 
boilers, EPA believes that the emission limitation of 0.7 lbs NO<INF>X/
mmBTU, together with the other conditions in the IP--Lockhaven 
operating permit (OP 18-0005), constitute RACT for these emission 
units.
    The IP--Lockhaven operating permit also contains a provision 
applicable to the 165 mmBTU/hr boiler that requires it to have ceased 
operations by May 31, 1995. EPA agrees that RACT for this boiler is its 
shutdown by no later than May 31, 1995. Furthermore, the IP--Lockhaven 
operating permit contains a provision that restricts its VOC emissions 
to less than 50 tons per year so as to avoid the major source VOC RACT 
requirement. A source may agree to federally enforceable requirements 
to limit its potential emissions and become a synthetic minor source 
for that pollutant. Additional information about the emission units and 
RACT requirements at this facility is available in the technical 
support document that was made available with the April 9, 1996 Federal 
Register notice.

Final Action

    EPA has considered the comments submitted by NYDEC and PADEP and 
other relevant information and has decided to approve the operating 
permit, OP 18-0005, for International Paper Company--Hammermill 
Division--Lockhaven as RACT and incorporate it as a revision to the 
Pennsylvania SIP. Pursuant to section 182(b)(2) and 182(f) of the Clean 
Air Act, EPA is determining that the requirements in OP 18-0005 
constitute RACT for the applicable emission units at the IP--Lockhaven 
facility.
    The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions 
of the 1990 amendments enacted on November 15, 1990. The Agency has 
determined that this action conforms with those requirements 
irrespective of the fact that the submittal preceded the date of 
enactment.
    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.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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

[[Page 4169]]

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).
    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 proposed/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.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action pertaining to the NO<INF>X RACT approval 
for International Paper Company--Hammermill Division--Lockhaven 
(Clinton County) must be filed in the United States Court of Appeals 
for the appropriate circuit by March 31, 1997. 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 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: November 7, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    Chapter I, title 40, of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(115) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (115) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NO<INF>X RACT, submitted on January 6, 1995 by 
the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) One letter dated January 6, 1995 from the Pennsylvania 
Department of Environmental Protection transmitting source specific VOC 
and/or NO<INF>X RACT determinations in the form of plan approvals or 
operating permits for International Paper Company--Hammermill Papers 
Division--Lockhaven.
    (B) Operating permit (OP):
    (1) International Paper Company--Hammermill Papers Division--
Lockhaven--OP 18-0005, effective December 27, 1994, except the 
expiration date of the operating permit.

[FR Doc. 97-2076 Filed 1-28-97; 8:45 am]
BILLING CODE 6560-50-P


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