Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NO_X RACT Determinations for Ten Individual Sources in the Pittsburgh-Beaver Valley Area

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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 24, 2001 (Volume 66, Number 165)]
[Rules and Regulations]
[Page 44538-44544]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au01-8]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA-4144a; FRL-7041-1]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NO_X RACT Determinations for Ten
Individual Sources in the Pittsburgh-Beaver Valley Area

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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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 ten major sources of volatile
organic compounds (VOC) and nitrogen oxides (NO_X). These
sources are located in the Pittsburgh-Beaver Valley ozone nonattainment
area (the Pittsburgh area). EPA is approving these revisions to
establish RACT requirements in the SIP in accordance with the Clean Air
Act (CAA).

DATES: This rule is effective on October 9, 2001 without further
notice, unless EPA receives adverse written comment by September 24,
2001. 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.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief,
Air Quality Planning & Information Services Branch, Air Protection
Division, Mailcode 3AP21, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
documents relevant to this action are available for public inspection
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, 401 M Street,
SW., Washington, DC 20460; Allegheny County Health Department, Bureau
of Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201 and the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Janice Lewis at (215) 814-2185 or
Betty Harris at (215) 814-2168, the EPA Region III address above or by
e-mail at lewis.janice@epa.gov or harris.betty@epa.gov. Please note
that while questions may be posed via telephone and e-mail, formal
comments must be submitted, in writing, as indicated in the ADDRESSES
section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act
(CAA), the Commonwealth of Pennsylvania (the

[[Page 44539]]

Commonwealth or Pennsylvania) is required to establish and implement
RACT for all major VOC and NO_X sources. 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). Under
section 184 of the CAA, RACT as specified in sections 182(b)(2) and
182(f)) applies throughout the OTR. The entire Commonwealth is located
within the OTR. Therefore, RACT is applicable statewide in
Pennsylvania.
State implementation plan revisions imposing reasonably available
control technology (RACT) for three classes of VOC sources are required
under section 182(b)(2). The categories are: (1) All sources covered by
a Control Technique Guideline (CTG) document issued between November
15, 1990 and the date of attainment; (2) all sources covered by a CTG
issued prior to November 15, 1990; and (3) all major non-CTG sources.
The regulations imposing RACT for these non-CTG major sources were to
be submitted to EPA as SIP revisions by November 15, 1992 and
compliance required by May of 1995.
The Pennsylvania SIP already includes approved RACT regulations for
all sources and source categories covered by the CTGs. On February 4,
1994, PADEP submitted a revision to its SIP to require major sources of
NO_X and additional major sources of VOC emissions (not
covered by a CTG) to implement RACT. The February 4, 1994 submittal was
amended on May 3, 1994 to correct and clarify certain presumptive
NO_X RACT requirements. In the Pittsburgh area, a major
source of VOC is defined as one having the potential to emit 50 tons
per year (tpy) or more, and a major source of NO_X is defined
as one having the potential to emit 100 tpy or more.
Pennsylvania's RACT regulations require sources, in the Pittsburgh
area, that have the potential to emit 50 tpy or more of VOC and sources
which have the potential to emit 100 tpy or more of NO_X
comply with RACT by May 31, 1995. The regulations contain technology-
based or operational ``presumptive RACT emission limitations'' for
certain major NO_X sources. For other major NO_X
sources, and all major non-CTG VOC sources (not otherwise already
subject to RACT under the Pennsylvania SIP), the regulations contain a
``generic'' RACT provision. A generic RACT regulation is one that does
not, itself, specifically define RACT for a source or source categories
but instead allows for case-by-case RACT determinations. The generic
provisions of Pennsylvania's regulations allow for PADEP to make case-
by case RACT determinations that are then to be submitted to EPA as
revisions to the Pennsylvania SIP.
On March 23, 1998 EPA granted conditional limited approval to the
Commonwealth's generic VOC and NO_X RACT regulations (63 FR
13789). In that action, EPA stated that the conditions of its approval
would be satisfied once the Commonwealth either (1) certifies that it
has submitted case-by-case RACT proposals for all sources subject to
the RACT requirements currently known to PADEP; or (2) demonstrate that
the emissions from any remaining subject sources represent a de minimis
level of emissions as defined in the March 23, 1998 rulemaking. On
April 22, 1999, PADEP made the required submittal to EPA certifying
that it had met the terms and conditions imposed by EPA in its March
23, 1998 conditional limited approval of its VOC and NO_X
RACT regulations by submitting 485 case-by-case VOC/NO_X RACT
determinations as SIP revisions and making the demonstration described
as condition 2, above. EPA determined that Pennsylvania's April 22,
1999 submittal satisfied the conditions imposed in its conditional
limited approval published on March 23, 1998. On May 3, 2001 (66 FR
22123), EPA published a rulemaking action removing the conditional
status of its approval of the Commonwealth's generic VOC and
NO_X RACT regulations on a statewide basis. The regulation
currently retains its limited approval status. Once EPA has approved
the case-by-case RACT determinations submitted by PADEP to satisfy the
conditional approval for subject sources located in Allegheny,
Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland
Counties; the limited approval of Pennsylvania's generic VOC and
NO_X RACT regulations shall convert to a full approval for
the Pittsburgh area.
It must be noted that the Commonwealth has adopted and is
implementing additional ``post RACT requirements'' to reduce seasonal
NO_X emissions in the form of a NO_X cap and trade
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule
developed by the States in the OTR. That rule's compliance date is May
1999. That regulation was approved as SIP revision on June 6, 2000 (65
FR 35842). Pennsylvania has also adopted regulations to satisfy Phase I
of the NO_X SIP call and submitted those regulations to EPA
for SIP approval. Pennsylvania's SIP revision to address the
requirements of the NO_X SIP Call Phase I consists of the
adoption of Chapter 145--Interstate Pollution Transport Reduction and
amendments to Chapter 123--Standards for Contaminants. On May 29, 2001
(66 FR 29064), EPA proposed approval of the Commonwealth's
NO_X SIP call rule SIP submittal. EPA expects to publish the
final rulemaking in the Federal Register in the near future. Federal
approval of a case by case RACT determination for a major source of
NO_X in no way relieves that source from any applicable
requirements found in 25 PA Code Chapters 121, 123 and 145.

II. Summary of the SIP Revisions

On July 1, 1997, October 23, 1997, November 4, 1997, December 31,
1997, April 9, 1999, and August 9, 2000, PADEP submitted revisions to
the Pennsylvania SIP which establish and impose RACT for several
sources of VOC and/or NO_X. This rulemaking pertains to ten
of those sources. The remaining sources are or have been the subject of
separate rulemakings. The Commonwealth's submittals consist of
operating permits and consent orders which impose VOC and/or
NO_X RACT requirements for each source. These sources are all
located in the Pittsburgh area. The table below identifies the sources
and the individual operating permits (OPs), consent orders (COs), or
enforcement orders (EOs) which are the subject of this rulemaking. A
summary of the VOC and NO_X RACT determinations for each
source follows the table.

Pennsylvania--VOC and NO_X RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
``Major
Source County OP# or CO# Source type source''
pollutant
----------------------------------------------------------------------------------------------------------------
Carbidie Corporation........... Westmoreland...... OP 65-000-720 Tungsten Carbide VOC
Products.
Fansteel Hydro Carbide......... Westmoreland...... OP 65-000-860 Tungsten Carbide VOC
Products.
Newcomer Products, Inc......... Westmoreland...... OP 65-000-851 Tungsten Carbide VOC
Products.
Heinz USA--Pittsburgh.......... Allegheny......... EO 211, CO 247 Food Processing.. VOC

[[Page 44540]]

Nabisco Biscuit Company........ Allegheny......... CO 246 Food Processing.. NO_X/VOC
Aristech Chemical Corporation.. Allegheny......... CO 232 Chemical VOC
Manufacturing.
Dyno Nobel Inc.--Donora Plant.. Washington........ OP 63-000-070 Chemical NO_X
Manufacturing.
General Carbide Corp........... Westmoreland...... OP 65-000-622 Powder Milling... VOC
Koppers Industries, Inc........ Allegheny......... CO 223 Chemical VOC
Manufacturing.
Pressure Chemical Company...... Allegheny......... CO 261 Chemical VOC
Manufacturing.
----------------------------------------------------------------------------------------------------------------

A. Carbidie Corporation

Carbidie Corporation (Carbidie) is a tools and parts tungsten
carbide manufacturer located in Hempfield, Pennsylvania. Carbidie is a
major source of VOC. On July 31, 1998, PADEP issued an operating permit
(OP-65-000-720) to establish and impose RACT for Carbidie. Under OP 65-
000-720, fixed lids and shaft seals on mixers and storage tanks must be
monitored to insure that they are sealing properly sealed. A record of
daily inspections shall be maintained as well. The temperature of the
cool water chiller bath shall be maintained in the range of 55 deg.-
72 deg. F. Under OP 65-000-720, a thermocouple must be installed,
monitored, and maintained to ensure compliance. Dryers equipped with
condensers must not be operated in the event that the condenser units
are incapable of operation. Under OP 65-000-720, Carbidie, in
accordance with 25 Pa Code 129.95, must retain sufficient records to
demonstrate compliance with all conditions to meet RACT. This includes
the following, but is not limited to: cool water chiller bath
temperature (55 deg.-72 deg. F); total heptane consumption on a monthly
basis; hours of operation; and all maintenance and repair operations to
ensure compliance with all emission limits and restrictions. All
records must be retained for at least two years. Carbidie must properly
operate and maintain all equipment according to good engineering and
air pollution control practices.

B. Fansteel Hydro Carbide

Fansteel Hydro Carbide (Fansteel) is a manufacturer of cemented
tungsten carbide located in Latrobe, Pennsylvania. Fansteel is a major
source of VOC. Fansteel has three 100SC attritors, five 30S attritors,
two ballmills, and six vacuum dryers. The attritors will be controlled
by a packaged chiller unit and the dryers are equipped with condensers.
On December 12, 1997, PADEP issued an operating permit (OP-65-000-860)
to establish and impose RACT on Fansteel. Under OP 65-000-860, the
attritors must not be operated in the event that the package chiller
unit is incapable of operation and the vacuum dryers shall not operate
if the condensers are incapable of operation. Under OP 65-000-860, the
coolant temperature exiting the package chiller unit must be maintained
no at higher than 55 degrees Fahrenheit. The monitor on chiller unit
shall visually show the inlet and outlet temperatures. These two
readings along with time taken must be documented in a log book once a
shift. These records must be retained on site for at least two years.
The OP 65-000-860, requires Fansteel to operate an audible alarm in the
milling room to ensure that the operators are aware if the chiller unit
outlet water temperature is above the maximum temperature allowed (55
degrees Fahrenheit). Under OP 65-000-860, Fansteel must track and
record hours of operation and all maintenance and repair operations to
the attritor mills, package chiller unit, and vacuum dryers
(condensers). All such recordkeeping must be done on a monthly basis.
All such records shall be retained on site for at least two years.
Under the OP, Fansteel must conduct a fugitive heptane leak detection
and repair program patterned after that required for fugitive VOC
sources at petroleum refineries under 25 Pa. Code 129.58. The facility
shall record all spills of VOC-containing material. Spills must be
cleaned-up to minimize atmospheric emissions. Emissions which occur as
a result of spills must be estimated and recorded. Those spills which
result in emissions exceeding 3 pounds of VOC /hr or 15lbs/day shall be
immediately reported to PADEP and included in Fansteel's annual
emissions inventory. Fansteel must document and maintain monthly
records of the quantity of VOC-containing compound used at this
facility. Fansteel must monitor in a logbook the weekly heptane
consumed and recovered. Fansteel must maintain records in accordance
with 129.95 and 129.91-.94 of Pennsylvania's SIP-approved regulations.
Fansteel must properly operate and maintain all equipment according to
good engineering and air pollution control practices.

C. Newcomer Products, Inc.

Newcomer Products, Inc. (Newcomer) is a tungsten carbide product
manufacturer located in Latrobe, Pennsylvania. Newcomer is a major
source of VOC. On August 7, 1997, PADEP issued an operating permit (OP-
65-000-851) to establish and impose RACT on Newcomer. The OP 65-000-851
requires the installation of a Dry Mill (two 30SC attritors), Water
Mill & Spray Dryer, and Vibratory Manufacturing System. This operation
will be controlled by a new cyclone and baghouse. A monthly log must be
kept of all VOC-containing materials purchased, consumed, and the
inventory on hand at the facility. These records shall be maintained in
a file for a period of no less than two years. Under OP 65-000-851, no
heptane shall be used in the milling, powder making, and the carbide
pellet making processes unless approved by PADEP. Newcomer must
properly operate and maintain all equipment according to good
engineering and air pollution control practices.

D. Heinz USA

Heinz USA (Heinz) is a food processing facility located in
Pittsburgh, Pennsylvania. Heinz is a major source of VOC and
NO_X. On March 8, 1996 and October 24, 1996, respectfully,
the Allegheny County Health Department (ACHD) issued an Enforcement
Order (EO 211) and a Plan Approval and Agreement Upon Consent Order (CO
247) to establish and impose RACT on Heinz. Under EO 211, the
NO_X emissions from the seven boilers must not exceed the
following:

------------------------------------------------------------------------
NO_X lbs/
Boiler No. MMBtu TPY
------------------------------------------------------------------------
Boiler #1....................................... 0.24 111
Boiler #2....................................... 0.24 111
Boiler #3....................................... 0.28 74
Boiler #4....................................... 0.28 74
Boiler #5....................................... 0.28 74
Boiler #7....................................... 0.20 74

[[Page 44541]]

Boiler #8....................................... 0.10 78
------------------------------------------------------------------------

Under EO 211, Heinz at no time shall allow the combined annual
NO_X emissions to exceed 596 tons per year. Under EO 211,
compliance for each boiler must be determined through emission testing
according to all applicable EPA approved test methods and section
2108.02 of Article XXI of the ACHD's air pollution control regulation.
Heinz must conduct emissions monitoring for NO_X from boiler
#8 according to 40 CFR part 60, subpart Db. Under EO 211, Heinz must
maintain all records and testing data to demonstrate compliance with
section 2105.06 of Article XXI of the ACHD's air pollution control
regulations. Recordkeeping requirements must include (1) the fuel usage
and steam load per unit; (2) all recording and reporting required by
EPA's 40 CFR part 60, subpart Db for boiler #8. Under CO 211, Heinz
must retain all records required by section 2105.06 of Article XXI.
Under CO 247, Heinz must install a VOC absorption system, for the
purposes of reducing VOC emissions from the vinegar production
generators. Under CO 247, Heinz shall not operate the vinegar
production generators unless the VOC absorption system is at all times
properly maintained and operated within the following performance
specifications: Minimum VOC stack removal efficiency by the absorption
system of eighty percent (80%); and minimum overall VOC removal
efficiency of sixty-four percent (64%). Under CO 247, Heinz must
conduct a system performance test in order to demonstrate compliance
with the performance specifications. Under CO 247, Heinz must determine
the stack absorption system removal efficiency according to EPA
approved test methods and section 2108.02 of Article XXI of the ACHD's
air pollution control regulations. Also, Heinz must estimate the
overall control efficiency through material balance calculations. Under
CO 247, Heinz shall not, at any time, conduct ketchup production in the
ketchup process mixing kettles unless the addition of vinegar to the
kettles is through a hard-pipe system from the vinegar storage tanks
and the kettles are immediately covered after the addition of all
ingredients. Under EO 247, Heinz must not, at any time, use glue in the
labeling and packaging process at the facility that exceeds a VOC
content of on percent (1%), by weight. Under CO 247, Heinz must not, at
any time, allow the annual average use of solvent borne inks to exceed
seventy percent (70%) and the maximum VOC content of solvent borne inks
to exceed ninety-five percent (95%). Under CO 247, Heinz must maintain
all appropriate records to demonstrate compliance with the requirements
of section 2150.06 of Article XXI of the ACHD's air pollution control
regulations. All records must provided sufficient data and calculations
to demonstrate that all requirements of section 2105.06 of Article XXI
are met. Heinz must record data and information required to determine
compliance for the facility in a time frame consistent with the
averaging period of the requirements of section 2105.06 of Article XXI.
All records for both (EO 211 and CO 247) must be retained for at least
two years. Under EO 211 and CO 247, Heinz must operate and maintain all
process and emission control equipment according to good engineering
and air pollution control practices.

E. Nabisco Biscuit Company

Nabisco Biscuit Company (Nabisco) is a bakery facility located in
Pittsburgh, Pennsylvania. Nabisco is a major source of VOC. On December
19, 1996, the ACHD issued CO 246 to establish and impose RACT on
Nabisco. The PADEP submitted CO 246, on behalf of the ACHD, to EPA as a
SIP revision. Under CO 246, at no time shall Nabisco allow the
following equipment to operate unless each piece of equipment is being
maintained and operated in accordance with good engineering practice
and within the manufacturer's specifications: Boiler #1, Boiler #2;
Propane vaporizer; and Bake ovens #2-#6. Under CO 246, Nabisco must
maintain records of fuel type and fuel usage, certifications from fuel
suppliers for all types of liquid fuel. For each shipment of distillate
oils #1 or #2, a certification that the fuel complies with ASTM D396-78
``Standard Specifications for Fuel Oils'' is required. For residual
oils, minimum recordkeeping includes a certification from the fuel
supplier of the nitrogen content of the fuel, and identification of the
sampling method and protocol. Under CO 246, Nabisco must not at any
time, allow the use of yeast-leaved dough in bake ovens three (#3),
four (#4) and six (#6). Under CO 246, Nabisco must not allow the annual
operation of bake ovens two (#2) and five (#5) to exceed eighty-four
percent (84%) of their maximum operating capacity or 7, 360 hours per
year, each for yeast-leavened dough. There shall be no limitation on
the use of non-yeast leavened dough in bake ovens two (#2) or five
(#5). Annual limits must be met on a rolling monthly basis over every
consecutive 12 month period. Under CO 246, Nabisco must maintain all
appropriate records to demonstrate compliance with section 2105.06 of
Article XXI of the ACHD's air pollution control regulations. Record
must provide sufficient data and calculations to clearly demonstrate
that all requirements of section 2105.06 or Article XXI are met.
Recordkeeping requirements must include the hours of operation, dough
type (yeast or non-yeast) per bake oven. All records must be retained
for at least two years. Under CO 246, Nabisco must operate and maintain
all equipment according to good engineering and air pollution control
practices.

F. Aristech Chemical Company

Aristech Chemical Company (Artistech) is a plasticizer
manufacturing facility located in Pittsburgh, Pennsylvania. Artistech
is a major source of VOC. On December 30, 1996, the ACHD issued CO 232
to establish and impose RACT on Aristech. The PADEP submitted CO 232,
on behalf of the ACHD, to EPA as a SIP revision. Under CO 232, Aristech
must properly maintain, at all times, the plasticizer manufacturing
plant reactor vents and the stripper secondary jet water cooled
condensers at an average annual coolant inlet temperature of 95 deg. F,
except in emergency situations. Under CO 232, Aristech must operate the
alcohol measuring tanks for the plasticizer train #3 to operate a
maximum operating temperature that shall not exceed 110 degrees
centigrade and the maximum heating cycle must not exceed two hours.
Under CO 232, Aristech must maintain all records and testing data to
demonstrate compliance with section 2105.06 of Article XXI of the
ACHD's air pollution control regulations. Recordkeeping requirements
shall include the following, but not be limited to, production records
and condenser inlet coolant temperatures. All records shall be
maintained for at least two years. Under CO 232, Aristech must operate
and maintain all equipment according to good engineering and air
pollution control practices.

G. Dyno Nobel Inc.

Dyno Nobel Inc. (Dyno) is a manufacturer of ammonium nitrate
located in Donora, Pennsylvania. Dyno is a major source of
NO_X. On March 31, 1999, PADEP issued an operating permit
(OP-63-000-070) to establish and impose RACT on Dyno. The OP 63-000-070
requires RACT for the entire facility not to exceed 460 tons/year in

[[Page 44542]]

any 12-month consecutive period as follows:

------------------------------------------------------------------------
Process unit/units TPY lbs/hr.
------------------------------------------------------------------------
Ammonia Oxidation Process.......... 396 5.5 lbs/ton.
Cleaver Brooks #1 Boiler........... 31 7.1 lbs/hr.
Murray #2 Boiler................... 31 7.1 lbs/hr.
------------------------------------------------------------------------

Under OP 63-000-070, Dyno must perform an annual adjustment or
tune-up as required by 25 Pa Code Chapter 129.93 (b)(2) on each boiler
with individual rated heat inputs between 20 and 50 MMBTU/hr as
identified. Under OP 63-000-070, Dyno must maintain records for each
adjustment conducted under the procedures outlined in 25 Pa Code
Chapter 129.93(b)(2) (i-iii) for all identified combustion sources with
rated heat inputs between 20 and 50 MMBtu/hr. All records must contain,
at a minimum, the following: The date of the tuning procedure, the name
of the service company and technicians, the final operating rate or
load, the final NO_X emission rates, the final excess oxygen
rate. Under OP 63-000-070, Dyno must maintain records including
computerized records that may be necessary to comply with 23 Pa Code
Chapter 135.21 (relating to reporting and emission statements). The
records shall include production, fuel usage, maintenance of production
or pollution control equipment, quantification of potential and actual
air contaminant emissions. Under OP 63-000-070, Dyno shall maintain
records in accordance with the record keeping requirements of 25 Pa
Code Chapter 129.95. The records shall provide sufficient data and
calculations to clearly demonstrate that the requirements of 25 Pa Code
Chapter 129.91-94 are met. Data and information required to determine
compliance shall be recorded and maintained in a time frame consistent
with averaging periods to verify compliance. These records shall be
retained for at least 5 years. Dyno must properly operate and maintain
all equipment according to good engineering and air pollution control
practices in accordance with applicable PADEP regulations.

H. General Carbide Corporation

General Carbide Corporation (General Carbide) processes metal
carbide powders into tools and is located in Hempfield Township,
Pennsylvania. General Carbide is a major source of VOC. On December 29,
1995, PADEP issued OP-65-000-622 to establish and impose RACT on
General Carbide. Under OP 65-000-622, General Carbide may not operate
unless its dryers and condensers are operational. Under OP 65-000-622,
General Carbide must track and record hours of operation, total heptane
consumption, all maintenance and repair operations to comply with the
recordkeeping requirements. These record must be retained on site for
at least two years. Under OP 65-000-622, General Carbide must conduct
daily monitoring of the area that uses heptane. A heptane vapor monitor
will be used to assure that the equipment is functioning properly and
no leaks are occurring. If any leaks are detected from the storage
tanks or process, General Carbide will notify PADEP immediately. OP 65-
00-622 requires General Carbide to continue to officially document and
maintain monthly records on the quantity of VOC containing compounds
used at the facility. General Carbide must properly operate and
maintain all processes according to good engineering and air pollution
control practices in accordance with applicable PADEP regulations.

I. Koppers Industries, Inc.

Koppers Industries, Inc. (Koppers) is the owner and operator of
crude tar feed and heavy, middle, and light distillates facilities in
Clairton, Allegheny County, Pennsylvania. Koppers is a major source of
VOC. On August 27, 1996, the ACHD issued CO 223 to establish and impose
RACT on Koppers. The PADEP submitted CO 223, on behalf of the ACHD, to
EPA as a SIP revision. Under CO 223, Koppers must not operate the tar
distillation and refining unit unless the VOC emissions from this unit
is processed by the existing natural gas blanketing system. Under CO
223, the natural gas blanketing system must be properly maintained and
operated with a minimum VOC destruction efficiency of 95% at all times
when the tar distillation and refining unit is operating. Under CO 223,
the natural gas blanketing system destruction efficiency must be
determined annually according to US EPA approved test methods and as
required by section 2108.02(c) of Article XXI of the ACHD's air
pollution control regulations. Under CO 223, Koppers must maintain all
records and testing data to demonstrate compliance with section 2105.06
of Article XXI of the ACHD's air pollution control regulations. Under
CO 223, all records must provide sufficient data and calculations to
demonstrate that all requirements of section 2105.06 of Article XXI are
being met. The data and information required to determine compliance
must be recorded and maintained by the Koppers and shall include, but
not limited to, throughput and operating hours of the tar refining
process. All records shall be maintained for at least two years. Under
CO 223, Koppers must operate and maintain all equipment according to
good engineering and air pollution control practices.

J. Pressure Chemical Co.

Pressure Chemical Co. (Pressure Chemical) is a operator of a small
batch chemical manufacturing facility located in Pittsburgh,
Pennsylvania. Pressure Chemical is a major source of VOC. On June 11,
1997, the ACHD issued CO 261 to establish and impose RACT on Pressure
Chemical. The PADEP submitted CO 261, on behalf of the ACHD, to EPA as
a SIP revision. Under CO 261, Pressure Chemical must keep all storage
containers containing VOCs covered at all times except during the
transfer of materials and must clean any liquid or dry material spilled
at the facility. Under CO 261, Pressure Chemical must at all times
maintain the following records in order to calculated actual VOC
emissions according to accepted mass balance methodology: (1) Purchase
and inventory records of VOC containing materials; (2) annual
throughput of VOC-containing materials; and (3) production records for
all processes involving VOC containing materials. All records must be
retained for at least two years. Under CO 261, Pressure Chemical must
properly maintain and operate all existing process equipment according
to good engineering and air pollution control practices.

III. EPA's Evaluation of the SIP Revisions

EPA is approving these RACT SIP submittals because the ACHD and
PADEP established and imposed these RACT requirements in accordance
with the criteria set forth in SIP-approved RACT regulations applicable
to these

[[Page 44543]]

sources. The ACHD and PADEP have also imposed recordkeeping,
monitoring, and testing requirements on these sufficient to determine
compliance with the applicable RACT determinations.

IV. Final Action

EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP to establish and require VOC and NO_X RACT for ten
major of sources located in the Pittsburgh area. 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 October 9, 2001 without further notice unless EPA
receives adverse comment by September 24, 2001. 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 adverse comment is received for a specific source
or subset of sources covered by an amendment, section or paragraph of
this rule, only that amendment, section, or paragraph for that source
or subset of sources will be withdrawn.

V. Administrative Requirements

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.'' See 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 pre-existing 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 (Public Law 104-4). This rule also does 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), nor will it 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), because it
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 (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. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. 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 non-agency 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 ten 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 October 23, 2001. 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 Commonwealth's source-
specific RACT requirements to control VOC and/or NO_X from
ten individual sources located in the Pittsburgh-Beaver Valley of
Pennsylvania 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, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.

Dated: August 15, 2001.
Thomas C. Voltaggio,
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:

[[Page 44544]]

Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(178) to read
as follows:

Sec. 52.2020 Identification of plan.

* * * * *
(c) * * *
(178) Revisions pertaining to VOC and/or NO_X RACT for
major sources, located in the Pittsburgh-Beaver Valley ozone
nonattainment area, submitted by the Pennsylvania Department of
Environmental Protection on July 1, 1997, October 23, 1997, November 4,
1997, December 31, 1997, April 9, 1999 and August 9, 2000.
(i) Incorporation by reference.
(A) Letters dated July 1, 1997, October 23, 1997, November 4, 1997,
December 31, 1997, April 9, 1999 and August 9, 2000 submitted by the
Pennsylvania Department of Environmental Protection transmitting
source-specific VOC and/or NO_X RACT determinations, in the
form of operating permits, consent orders, and enforcement orders.
(B) Operating permits (OP), Consent Orders (CO) and Enforcement
Orders (EO) for the following sources:
(1) Aristech Chemical Corporation, CO 232, effective December 30,
1996, except for condition 2.6.
(2) Heinz USA, EO 211, effective March 8, 1996, except for
conditions 1.5, 2.4, and 2.5; and CO 247, effective October 24, 1996,
except for conditions 1.11 and 2.7.
(3) Koppers Industries, Inc., CO 223, effective August 27, 1996,
except for condition 2.5.
(4) Nabisco Biscuit Company, CO 246, effective December 19, 1996,
except for condition 2.5.
(5) Pressure Chemical Company, CO 261, effective June 11, 1997,
except for condition 2.8.
(6) General Carbide Corporation, OP 65-000-622, effective December
29, 1995, except for the Permit Term.
(7) Fansteel Hydro Carbide, OP 65-000-860, effective December 12,
1997.
(8) Carbidie Corporation, OP 65-000-720, effective July 31, 1998,
except for the Permit Term, and Conditions 4, 5 and 11.
(9) Dyno Nobel, Inc., OP 63-000-070, effective March 31, 1999,
except for the Permit Term.
(10) Newcomer Products, Inc., OP-65-000-851, effective August 7,
1997.
(ii) Additional Materials--Other materials submitted by the
Commonwealth of Pennsylvania in support of and pertaining to the RACT
determinations for the sources listed in paragraph (c)(178)(i)(B) of
this section.

[FR Doc. 01-21425 Filed 8-23-01; 8:45 am]
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Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NO_X RACT Determinations for Ten Individual Sources in the Pittsburgh-Beaver Valley Area