[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Rules and Regulations]
[Pages 11079-11082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5974]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA069-4040, PA078-4041, PA083-4043; FRL-5697-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Approval of Source-Specific RACT

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 reasonably available control technology (RACT) 
on three major sources. The intended effect of this action is to 
approve source-specific RACT determinations which establish the above-
mentioned requirements in accordance with Clean Air Act (CAA). This 
action is being taken under section 110 of the CAA.

DATES: This final rule is effective May 12, 1997 unless by April 10, 
1997, adverse or critical comments are received. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO & 
Mobile Sources Section, Mailcode 3AT21, 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, 
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: Jeffrey M. Boylan, (215) 566-2094, at 
the EPA Region III office or via e-mail at

[[Page 11080]]

<a href="/cdn-cgi/l/email-protection#44262b3d28252a6a2e21222236213d0421342529252d286a2134256a232b32"><span class="__cf_email__" data-cfemail="a9cbc6d0c5c8c787c3cccfcfdbccd0e9ccd9c8c4c8c0c587ccd9c887cec6df">[email protected]</span></a>. While information may be requested via 
e-mail, comments must be submitted in writing to the above Region III 
address.

SUPPLEMENTARY INFORMATION: On August 1, 1995, September 20, 1995, 
December 8, 1995 and September 13, 1996, the Commonwealth of 
Pennsylvania submitted formal revisions to its State Implementation 
Plan (SIP). The SIP revisions that are the subject of this rulemaking 
consist of RACT determinations for three individual sources of volatile 
organic compounds (VOCs) located in Pennsylvania. This rulemaking 
addresses those operating permits pertaining to two facilities, and one 
facility (Mercersburg Tanning Company) with no plan approval or 
operating permit as the facility has ceased all operations. These 
facilities are: 1) DMi Furniture, Inc. (Adams County), 2) R. R. 
Donnelley & Sons Company--West Plant (Lancaster County), 3) Mercersburg 
Tanning Company--(Franklin County).
    Pursuant to section 182(b)(2) and (182(f) of the CAA, Pennsylvania 
is required to implement RACT for all major VOC and NO<INF>X 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 section 
182(b)(2) and 182(f)) apply throughout the OTR. Therefore, RACT is 
applicable statewide in Pennsylvania. The August 1, 1995, September 20, 
1995, December 8, 1995, and September 13, 1996, Pennsylvania submittals 
that are the subject of this notice, are meant to satisfy the RACT 
requirements for three sources in Pennsylvania.

Summary of SIP Revision

    The details of the RACT requirements for the source-specific 
operating permits can be found in the docket and accompanying technical 
support document. Briefly, EPA is approving three RACT determinations 
as a revision to the Pennsylvania SIP. Several of the operating permits 
contain conditions irrelevant to the determination of VOC or NO<INF>X 
RACT. Consequently, these provisions are not being included in this 
approval for VOC or NO<INF>X RACT.

RACT

    EPA is approving the operating permit (OP #01-2001) for DMi 
Furniture, Inc. located in Adams County. DMi Furniture, Inc. is a wood 
furniture manufacturer and is considered to be a major source of VOC 
emissions. All DMi spray booths use air assisted airless application of 
coatings. In addition, hybrid waterborne systems are to be used for 
certain coating operations. DMi expects a VOC emission reduction of 
approximately 38% using the reformulated hybrid waterborne system. 
Operating permit (OP #01-2001) will require, among other things, VOC 
limitations for the following coatings:

Catalyzed Varnish Topcoat--1.8 lb VOC/lb Solids
Waterborne Topcoat--0.8 lb VOC/lb Solids
Basecoats--0.2 lb VOC/lb Solids
Print Line Inks--0.5 lb VOC/lb Solids
Print Line Sealers--4.5 lb VOC/lb Solids
Spray Sealers (tie coat)--3.9 lb VOC/lb Solids
    The permit specifies that VOC emissions from this facility can 
never exceed 370 TPY. The facility is also required to keep monthly 
records of coating usage, VOC emissions including cleanup solvents such 
that compliance with RACT requirements can be determined.
    Although the 25 Pa. Code, Section 129.52 is for surface coating 
processes, Section 11 of Table I has not been federally approved, 
subsequently requiring this RACT determination for DMi Furniture, Inc.
    EPA is approving the operating permit (OP #36-2026) for R. R. 
Donnelley & Sons--West Plant located in Lancaster County. R. R. 
Donnelley & Sons--West Plant is primarily a lithographic printing 
facility and is considered to be a major source of VOC emissions. The 
boilers are not subject to NO<INF>X RACT requirements because the 
facilities potential NO<INF>X emissions are less than 100 TPY.
    The five (5) heatset web offset lithographic printing presses ink 
and dampening solutions on the webs are dried by evaporation in high 
air velocity natural gas fired dryers, with VOC emissions from the 
dryers controlled by two (2) thermal oxidizers. Operating Permit (OP 
#36-2026) will require, among other things, that destruction removal 
efficiency (DRE) of the thermal oxidizers be at least 90% for VOC's and 
combustion chamber temperatures be maintained at least at 1375  deg.F. 
With regard to capture efficiency parameters listed in the permit, no 
actual site testing has been done nor has a protocol been established 
to substantiate CE figures in condition #12. VOC content of all heatset 
inks and fountain solutions are not to exceed 45% and 3% by weight 
respectively.
    The five (5) non-heatset web offset lithographic and two (2) 
letterpress printing presses are not controlled by add-on control 
devices. Operating Permit (OP #36-2026) will require, among other 
things, that VOC content of all non-heatset inks and fountain solutions 
are not to exceed 25% and 3% by weight respectively.
    Permit conditions will require cleaning solutions to have a 
composite partial vapor pressure not to exceed 10 mm Hg at 20  deg.C or 
VOC content not to exceed 30% by weight. The company will limit the use 
of higher vapor pressure cleaning solvents to less than 5% by weight of 
the total manual cleaning solvents used. In addition, the company must 
keep all solvent laden rags in closed containers when not in use and 
keep all containers containing VOC's tightly closed when not in use.
    Condition #6 requires the facility to keep applicable records and 
reports in accordance with 25 Pa. Code, Chapter 129.95 such that 
compliance with RACT requirements can be determined. Therefore, while 
no specific CE testing is required by the permit, such testing may be 
required in order to determine compliance with the applicable RACT 
requirements.
    Although the entire Mercersburg Tanning Company facility ceased 
operations in October 1994, 25 PA. Code, Chapter 127, Subchapter E does 
not allow ERCs to be generated for emission reductions otherwise 
required by mandated programs. RACT is such an applicable program for 
Mercersburg Tanning Company. Therefore, EPA is approving a RACT 
determination for Mercersburg Tanning Company (no permits due to 
facility shutdown) located in Franklin County. RACT for the facility is 
determined to be:

--Transfer of all leather coating operations to Spray Lines A, B, 
and C beginning the phaseout in October 1993.
--Spray Lines A and B, applying solvent based coating, vented to a 
Regenerative Thermal Oxidizer (RTO). Based on testing results 
performed in May 1993, 100% capture plus a destruction efficiency of 
97% used to calculate VOC emissions from Lines A and B.
--Spray Line C, applying water based coatings (water content 70-90% 
by volume). Coating restrictions on Line C limited to the following: 
3.5 lb VOC/gal (less water) for base coats and 2.8 lb VOC/gal (less 
water) for intermediate coat.

[[Page 11081]]

--Cleaning solvents associated with Lines A and B took place within 
booths and vented to RTO. Water utilized as cleaning solvent for 
Line C.

    Mercersburg Tanning Company was a leather coating operations 
facility and considered a major source of VOC emissions. In addition, 
EPA is using this document to recognize the emission reduction credits 
(ERCs) generated by the shutdown of the Mercersburg Tanning Company 
facility; a total of 20 tons of VOC per year.
    The source-specific RACT emission limitations that are being 
approved into the Pennsylvania SIP are those that were submitted on 
August 1, 1995, September 20, 1995, December 8, 1995 and September 13, 
1996, and are the subject of this rulemaking notice. These emission 
limitations will remain unless and until they are replaced pursuant to 
40 CFR part 51 and approved by the U.S. EPA.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective May 12, 1997 unless, by April 10, 1997, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on May 12, 1997.

Final Action

    EPA is approving three source-specific RACT determinations, two of 
which involve operating permits and one (Mercersburg Tanning Company) 
which does not involve any type of permit.
    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

    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.

B. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.
    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 CAA 
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

    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

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to the RACT approval for DMi 
Furniture, Inc, R.R. Donnelley & Sons--West Plant, and Mercersburg 
Tanning Company, must be filed in the United States Court of Appeals 
for the appropriate circuit by May 12, 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).)

[[Page 11082]]

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 13, 1997.
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. 7401-7671q.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraphs (c)(114) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (114) Revisions to the Pennsylvania Regulations Chapter 129.91 
through 129.95 pertaining to VOC and NO<INF>X RACT, submitted on August 
1, 1995, September 20, 1995, December 8, 1995 and September 13, 1996 by 
the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Four letters dated August 1, 1995, September 20, 1995, December 
8, 1995 and September 13, 1996 from the Pennsylvania Department of 
Environmental Protection transmitting three source-specific RACT 
determinations; two of which involve operating permits and one 
(Mercersburg Tanning Company) which does not involve any type of 
permit. The three sources are:
    (1) DMi Furniture, Inc. (Adams County)--wood furniture 
manufacturer.
    (2) R. R. Donnelley & Sons Company, West Plant (Lancaster County)--
printing facility.
    (3) Mercersburg Tanning Company (Franklin County)--leather coating 
facility.
    (B) Operating Permits (OP):
    (1) DMi Furniture, Inc.--OP #01-2001, effective June 13, 1995, 
except for the expiration date of the operating permit.
    (2) R.R. Donnelley & Sons Company, West Plant--OP #36-2026, 
effective July 14, 1995, except for the expiration date of the 
operating permit and the parts of conditions 5, 9b & 20 pertaining to 
Hazardous Air Pollutants (HAP's).
    (ii) Additional material.
    (A) Remainder of August 1, 1995, September 20, 1995, December 8, 
1995 and September 13, 1996 State submittals pertaining to DMi 
Furniture, Inc, R. R. Donnelley & Sons--West Plant, and Mercersburg 
Tanning Company.
    3. Section 52.2037 is amended by adding paragraph (h) to read as 
follows:


Sec. 52.2037  Control Strategy: Carbon monoxide and Ozone.

* * * * *
    (h) VOC RACT determination for four emission units at Mercersburg 
Tanning Company--Franklin County: Spray Lines 3 thru 7, Attic Line, 
Spray Lines A and B, Spray Line C. The VOC RACT determination is as 
follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines 
A and B, for Attic Line; all work transferred to Spray Line C, for 
Spray Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO) 
with required 100% capture efficiency and 97% destruction efficiency, 
for Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water) 
on base coats and 2.8 lb VOC/gal (less water) on intermediate coats. 
VOC RACT for cleaning solvents associated with Lines A and B vented to 
RTO and water utilized as cleaning solvent for Line C.

[FR Doc. 97-5974 Filed 3-10-97; 8:45 am]
BILLING CODE 6560-50-P


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