Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations 19047

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4055a; FRL–5809–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of SourceSpecific VOC and NOX RACT

Determinations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

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 nine

major sources. The intended effect of

this action is to approve source-specific

plan approvals, operating permits and

one compliance permit. This action is

being taken under section 110 of the

Clean Air Act.

DATES: This final rule is effective June

2, 1997 unless within May 19, 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 J. Campbell, Pennsylvania RACT

Team Leader, Mailcode 3AT22, 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 the Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Janice M. Lewis, (215) 566–2185, or by

e-mail at lewis.janice@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On March

27, 1995, November 15, 1995 and May

2, 1996, the Commonwealth of

Pennsylvania submitted a formal

revision to its State Implementation

Plan (SIP). The SIP revision consists of

plan approvals, operating permits and

one compliance permit for nine

individual sources of volatile organic

compounds (VOCs) and/or nitrogen

oxides (NOX) located in Pennsylvania.

This rulemaking addresses the plan

approvals and operating permits

pertaining to the following sources: (1)

Maier’s Bakery, Inc. (Reading Plant,

Berks County)—bakery; (2) Morgan

Corporation (Morgantown Plant, Berks

County)—heavy duty truck

manufacturer; (3) Allentown Cement

Company (Maidencreek Township,

Berks County)—cement manufacturer;

(4) Quaker Maid (Ontelaunee Township,

Berks County)—manufacturer of kitchen

cabinets; (5) Brentwood Industries, Inc.

(Reading, Berks County)—manufacturer

of plastic products; (6) Metropolitan

Edison Company (Cumru Township,

Berks County)—electric generation

station; (7) ICI Fluoropolymers (Caln

Township, Chester County)—

manufacturer of free flow

polytetrafluoroethylene (PTFE); (8)

Synthetic Thread Company (City of

Bethlehem, Lehigh County)—

manufacturer of coated nylon and

polyester thread; and (9) Bird-In-Hand

Woodworks, Inc. (East Hempfield

Township, Lancaster County)—

manufacturer of wood furniture for

children.

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 NOX

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 sections 182(b)(2) and

182(f)] apply throughout the OTR.

Therefore, RACT is applicable statewide

in Pennsylvania.

The March 27, 1995, November 15,

1995 and May 2, 1996 Pennsylvania

submittals that are the subject of this

notice, are meant to satisfy the RACT

requirements for nine sources in

Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements

for the source-specific plan approvals

and operating permits can be found in

the docket and accompanying technical

support document and will not be

reiterated in this notice. Briefly, EPA is

approving six plan approvals, three

operating permits and one compliance

permit as RACT.

RACT

EPA is approving the operating

permits of the following facilities

located in Pennsylvania: (1) Bird-InHand Wood Works, Inc. (East Hempfield

Township, Lancaster County)—

manufacturer of wood furniture for

children—major source of VOC

emissions; (2) Quaker Maid

(Ontenlaunee Township, Berks

County)—manufacturer of kitchen

cabinets and finishing—major source of

VOC emissions; and (3) Morgan

Corporation (Morgantown Plant, Berks

County)—manufacturer of heavy duty

trucks—major source of VOC emissions.

EPA is approving the plan approval

and one compliance permit of the

following facilities: (1) Maier’s Bakery,

Inc. (Reading Plant, Berks County)—

bakery—major source of VOC emissions;

(2) Allentown Cement Company

(Maidencreek Township, Berks

County)—cement manufacturer—major

source of NOx emissions; (3) Brentwood

Industries, Inc. (Reading, Berks

County)—manufacturer of plastic

products—major source of VOC

emissions; (4) Metropolitan Edison

Company (Cumru Township, Berks

County)—electric generation station—

major source of NOX emissions; (5) ICI

Fluoropolymers (Caln Township,

Chester County)—manufacturer of free

flow polytetrafluoroethylene (PTFE)—

major source of VOC emissions; and (6)

Synthetic Thread Company (City of

Bethlehem, Lehigh County)—

manufacturer of coated nylon and

polyester thread—major source of VOC

emissions.

The specific emission limitations and

other RACT requirements for these

sources are summarized in the

accompanying technical support

document, which is available from the

EPA Region III office.

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 June 2, 1997

unless, by May 19, 1997, adverse or

critical comments are received.

If EPA receives such comments, this

action will be withdrawn before the
19048 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations

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 June 2, 1997.

Final Action

EPA is approving six plan approvals,

three operating permits and one

compliance permit as RACT for nine

individual sources located in

Pennsylvania.

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

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 requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

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).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action, pertaining to the VOC and

NOX RACT determinations for nine

sources in Pennsylvania, must be filed

in the United States Court of Appeals

for the appropriate circuit by June 2,

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, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: March 31, 1997.

W. Michael McCabe,

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 paragraph (c)(118) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(118) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to VOC and NOX RACT, submitted on

March 27, 1995, November 15, 1995 and

May 2, 1996 by the Pennsylvania

Department of Environmental Resources

(now know as the Pennsylvania

Department of Environmental

Protection):

(i) Incorporation by reference.

(A) Four letters, dated March 27,

1995, November 15, 1995, May 2, 1996

and September 13, 1996, from the

Pennsylvania Department of

Environmental Protection transmitting

source-specific VOC and/or NOX RACT

determinations in the form of plan

approvals, operating permits or a

compliance permit for the following

sources:

(1) Maier’s Bakery, Inc. (Reading

Plant, Berks County)—bakery;

(2) Morgan Corporation (Morgantown

Plant, Berks County)—heavy duty truck

manufacturer;

(3) Allentown Cement Company

(Maidencreek Township, Berks

County)—cement manufacturer;

(4) Quaker Maid (Ontelaunee

Township, Berks County)—

manufacturer of kitchen cabinets;

(5) Brentwood Industries, Inc.

(Reading, Berks County)—manufacturer

of plastic products;

(6) Metropolitan Edison Company

(Cumru Township, Berks County)—

electric generation station;

(7) ICI Fluoropolymers (Caln

Township, Chester County)—

manufacturer of free flow

polytetrafluoro-ethylene (PTFE);
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations 19049

(8) Synthetic Thread Company (City

of Bethlehem, Lehigh County)—

manufacturer of coated nylon and

polyester thread; and

(9) Bird-In-Hand Woodworks, Inc.

(East Hempfield Township, Lancaster

County)—manufacturer of wood

furniture for children.

(B) Plan approvals (PA), Operating

Permits (OP) and a Compliance Permit:

(1) Maier’s Bakery, Inc.—PA 06–1023,

effective September 20, 1995, except for

the expiration date of the plan approval.

(2) Morgan Corporation—OP 06–1025,

effective August 31, 1995, except the

expiration date of the operating permit.

(3) Allentown Cement Company,

Inc.—PA 06–1002, effective October 11,

1995, except for conditions #17, #20,

#21 and #30 pertaining to non-NOX and

non-VOC pollutants and the expiration

date of the plan approval.

(4) Quaker Maid—OP 06–1028,

effective October 27, 1995, except the

expiration date of the operating permit.

(5) Brentwood Industries, Inc.—PA

06–1006, effective February 12, 1996,

except for the expiration date of the

plan approval.

(6) Metropolitan Edison Company—

PA 06–1024, effective March 9, 1995,

except the expiration date of the plan

approval and condition #13 pertaining

to non-NOX and non-VOC pollutant.

(7) ICI Fluoropolymers —PA 15–0009

and CP 15–0009, effective October 3,

1995, except the expiration date of the

plan approval and the compliance

permit.

(8) Synthetic Thread Company—PA

39–0007A, effective August 10, 1995,

except the expiration date of the plan

approval.

(9) Bird-In-Hand Woodworks, Inc.—

OP 36–2022, effective September 27,

1995, except for the expiration date of

the operating permit.

(ii) Additional material.

(A) Remainder of March 27, 1995,

November 15, 1995 and May 2, 1996

State submittals.

[FR Doc. 97–9950 Filed 4–17–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4056a; FRL–5809–7]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of SourceSpecific VOC and NOX RACT

Determinations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision establishes

and requires volatile organic

compounds (VOC) and nitrogen oxides

(NOX) reasonably available control

technology (RACT) on four major

sources. The intended effect of this

action is to approve source-specific

operating permits, a plan approval and

a compliance permit. This action is

being taken under section 110 of the

Clean Air Act.

DATES: This final rule is effective June

2, 1997 unless by May 19, 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 J. Campbell, Pennsylvania RACT

Team Leader, Mailcode 3AT22, 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 the Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Janice M. Lewis, (215) 566–2185, or by

e-mail at lewis.janice@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On

January 21, 1997, January 28, 1997, and

May 31, 1995, the Commonwealth of

Pennsylvania submitted a formal

revision to its State Implementation

Plan (SIP). The SIP revision consists of

three operating permits, one plan

approval, and one compliance permit

for four individual sources of volatile

organic compounds (VOCs) and/or

nitrogen oxides (NOX) located in

Pennsylvania. Any plan approvals and

operating permits submitted

coincidentally with those being

approved in this notice, and not

identified below, will be addressed in a

separate rulemaking action. This

rulemaking addresses operating permits,

a plan approval, and a compliance

permit pertaining to the following

sources: (1) Texas Eastern Transmission

Corporation (Bernville, Berks County)—

natural gas compressor station; (2) Texas

Eastern Transmission Corporation

(Bechtelsville, Berks County)—natural

gas compressor station; (3) Carpenter

Technology Corporation (Reading/

Muhlenberg Township, Berks County)—

steel manufacturer; and (4) North

American Fluoropolymers Company

(Ontelanunee, Berks County)—

manufacturer of teflon crumbs.

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 NOX

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 sections 182(b)(2) and

182(f)] apply throughout the OTR.

Therefore, RACT is applicable statewide

in Pennsylvania.

The January 21, 1997, January 28,

1997 and May 31, 1995 Pennsylvania

submittals that are the subject of this

notice are meant to satisfy the RACT

requirements for four sources in

Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements

for the source-specific operating

permits, plan approval, and compliance

permit can be found in the docket and

accompanying technical support

document and will not be reiterated in

this notice. One of the operating permits

contains conditions irrelevant to the

determination of VOC and NOX RACT.

Consequently, these provisions are not

being included in this approval. Briefly,

EPA is approving three operating

permits, one plan approval, and one

compliance permit as RACT.

RACT

EPA is approving the operating

permits of the following facilities

located in Pennsylvania: (1) Texas

Eastern Transmission Corporation

(Bernville, Berks County)—natural gas

compressor station—major source of