Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NO_X RACT Determinations for Five Individual Sources

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

[Federal Register: April 1, 2003 (Volume 68, Number 62)]
[Rules and Regulations]
[Page 15661-15664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap03-5]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA183-4198a; FRL-7465-4]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; NO_X RACT Determinations for Five Individual
Sources

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 five major sources of nitrogen
oxides (NO_X) located in Pennsylvania. 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 June 2, 2003, without further notice,
unless EPA receives adverse written comment by May 1, 2003. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Written comments should be mailed to Walter K. Wilkie,
Deputy Branch 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; 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: Betty Harris at (215) 814-2168 or Rose
Quinto at (215) 814-2182 or via e-mail at harris.betty@epa.gov or
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to sections 182(b)(2) and 182(f) of the CAA, the
Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is
required to establish and implement RACT for all major volatile organic
compound (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.

II. Summary of the SIP Revision

On December 21, 2001, PADEP submitted formal revisions to its SIP
to establish and impose case-by-case RACT for several major sources of
VOC and NO_X. This rulemaking pertains to five of those
sources. The other sources are subject to separate rulemaking actions.
The RACT determinations and requirements are included in plan approvals
(PA) or operating permits (OP) issued by PADEP.
The following table identifies the individual plan approval or
operating permit that EPA is approving for each source.

Pennsylvania--NO_X RACT Determinations for Individual Sources
--------------------------------------------------------------------------------------------
Major
Source County OP or PA # Source type source
pollutant
--------------------------------------------------------------------------------------------
Lafarge Corporation........... Lehigh....... OP-39-0011B Cement Facility. NO_X.
The Peoples Natural Gas Cambria...... OP-11-000-356 Natural Gas NO_X.
Company. Reciprocating
Engines.
Horsehead Resource Development Carbon....... OP-13-0001 Recycling NO_X.
Company, Inc. Operation.
Williams Generation Company... Luzerne...... OP-40-0031A Natural Gas NO_X.
Turbine.
Pennsylvania Power and Light Lancaster.... PA-36-2016 Steam Generating NO_X.
Company, Holtwood. Station.
--------------------------------------------------------------------------------------------

A. Lafarge Corporation

Lafarge Corporation owns and operates a cement producing company.
This facility is located in Lehigh County, Pennsylvania and is
considered a major NO_X emitting facility. In this instance,
RACT has been established and imposed by PADEP in an operating permit.
On December 21, 2001, PADEP submitted operating permit No. OP-39-0011B
to EPA as a SIP revision. This permit requires Lafarge Corporation and
any associated air cleaning devices to be operated and maintained in a
manner consistent with good operating and maintenance practices. This
permit contains firing rate limitations for the boiler of 37.5 gallons
per hour of No. 2 oil, and 35.5 gallons per hour of No. 5 oil. The
facility shall record the amount of the oil fired in the boiler in an
hourly and yearly basis and submit to PADEP by March 31 of the
following year. Based on a 30-day rolling average, the permit contains
NO_X emission limits for the operation of the cement kilns
without burning tires of 297.7 pounds per hour for Kiln No. 2, and
202.3 pounds per hour for Kiln No. 3. Also based on a 30-day rolling
average, the

[[Page 15662]]

permit contains NO_X emission limits for the operation of the
cement kilns, while burning tires, of 260.5 pounds per hour for Kiln
No. 2 and 166.0 pounds per hour for Kiln No. 3. For both Kilns No. 2
and No. 3, the facility shall operate and maintain NO_X
continuous emission monitors in conformance with 40 CFR Part 60, 25 Pa.
Code Chapter 139 and PADEP's Continuous Source Monitoring Manual (CEM
Manual). Monitoring and recording of exhaust gas flow shall be
conducted. The facility shall maintain records in accordance with the
recordkeeping requirements of 25 Pa. Code Chapter 129.95 and maintain a
file containing all records and other data that are required to be
collected pursuant to the various provisions of this permit. This file
shall include, but is not limited to the following: all air pollution
control system performance evaluations and records of calibration
checks, adjustments and maintenance performed on all equipment which is
subject to this permit. All measurements, records, and other data
required to be maintained, shall be retained for at least two years
following the date on which such measurements, records or other data
are recorded. All continuous emission monitoring (CEM) reports shall be
submitted to PADEP within 30 days after each quarter but no later than
the time frame established in the PADEP's latest CEM Manual. The
facility shall keep a record of fuel usage and operating hours for each
generator and maintained for at least two years, and made available to
PADEP upon request. The generators shall be maintained and operated in
accordance with the manufacturers' specifications.

B. The Peoples Natural Gas Company

The Peoples Natural Gas Company (PNG) is a natural gas utility and
is considered a major NO_X emitting facility. PNG owns and
operates the Rager Mountain/Laurel Ridge Compressor Station Complex
located in Jackson Township, Cambria County, Pennsylvania. In this
instance, RACT has been established and imposed by PADEP in an
operating permit. On December 21, 2001, PADEP submitted operating
permit No. OP-11-000-356 to EPA as a SIP revision. This permit requires
PNG and any associated air cleaning devices to be operated and
maintained in a manner consistent with good operating and maintenance
practices. The permit contains NO_X emission limits in pounds
per hour per unit for three compressor engines of the facility: (1)
Dresser-Clark--49.8, (2) Cooper-Superior--4.2, and (3) Ingersoll-Rand--
3.0. The permit also contains operational limits for the three
compressor engines: (1) Dresser-Clark--3 units with combined total
hours of 7625, (2) Cooper-Superior--2 units with combined total hours
of 7625, and (3) Ingersoll-Rand--2 units with combines total hours of
8784. The permit requires PNG to perform stack testing in accordance
with 25 Pa. Code Chapter 139 regulations and PADEP's Source Testing
Manual. Two copies of the stack test results shall be supplied to PADEP
for review within 60 days of completion of testing.

C. Horsehead Resource Development Company, Inc.

Horsehead Resource Development Company, Inc. (HRD) is a recycling
operation located in Palmerton, Carbon County, Pennsylvania and is
considered a major NO_X emitting facility. In this instance,
RACT has been established and imposed by PADEP in an operating permit.
On December 21, 2001, PADEP submitted operating permit No. OP-13-0001
to EPA as a SIP revision. This permit requires HRD and any associated
air cleaning devices to be operated and maintained in a manner
consistent with good operating and maintenance practices. Stack tests
shall be performed in accordance with Chapter 139 of the Rules and
Regulations of PADEP to show compliance with the NO_X and VOC
emission rates of each kiln listed in the permit. The stack tests shall
be performed while operating at the maximum rated capacity. Two copies
of the complete stack test reports, including all operating conditions,
shall be submitted to PADEP.

D. Williams Generation Company, Hazleton

Williams Generation Company--Hazleton is a cogeneration facility
located in Luzerne, Pennsylvania and is considered a major
NO_X emitting facility. The facility has a natural gas fired
turbine with a water injection control. In this instance, RACT has been
established and imposed by PADEP in an operating permit. On December
21, 2001, PADEP submitted operating permit No. OP-40-0031A to EPA as a
SIP revision. This permit requires Williams Generation Company and any
associated air cleaning devices to be operated and maintained in a
manner consistent with good operating and maintenance practices. This
permit contains NO_X emission limits for the facility's
combustion unit (turbine) of 252.4 allowable pounds per hour at any
time, established pursuant to the best available control technology
provision of 25 Pa. Code 127.83 (40 CFR, 52.1(j)(2)). The permit limits
the facility to 252.4 tons per year of NO_X based on a 12
month rolling average. The facility must cease operation or obtain
prior approval under applicable regulations if the facility exceeds
this total annual emissions limit. The facility shall not operate more
than 2,000 hours per year. This annual limit must be met on a rolling
monthly basis over every consecutive 12-month period. The facility
shall maintain the following records: (1) Data which clearly
demonstrates that the heat input for the turbine never exceeds its
rated capacity; (2) data which clearly demonstrates that the turbine
never exceeds the operational limit of 2,000 hours per year on a 12-
month rolling sum; (3) the records shall provide sufficient data to
clearly demonstrate that the requirements of this operating permit are
met; and (4) all records shall be maintained for at least two years and
shall be made available to PADEP upon request. The permit requires the
facility to install and operate a continuous monitoring system to
monitor and record the fuel consumption and the water injection rate in
the turbine. The permit also requires the facility to maintain a file
containing all records and other data that are required to be collected
pursuant to the various provisions of this permit and 25 Pa. Code
Section 129.95, such that records provide sufficient data and
calculations to clearly demonstrate that the requirements of 25 Pa.
Code Sections 129.91-4 are met. The file shall include, but is not
limited to all air pollution control system performance evaluations and
records of calibration checks, adjustments and maintenance performed on
all equipment which is subject to this permit. All measurements,
records and other data required to be maintained by the facility shall
be retained for at least two years following the date on which such
measurements, records or data are recorded.

E. Pennsylvania Power & Light Company, Holtwood

Pennsylvania Power & Light Company (PPL), Holtwood is a steam
electric station located in Lancaster County, Pennsylvania and is
considered a major NO_X emitting facility. In this instance,
RACT has been established and imposed by PADEP in a plan approval. On
December 21, 2001, PADEP submitted plan approval No. PA-36-2016 to EPA
as a SIP revision. PPL is subject to an interim NO_X emission
limit of 1.4 lb/Mbtu for Boiler 17 imposed in the plan approval. This
interim limit shall be based on hourly continuous emission monitoring
data averaged on a 30-day rolling basis. A

[[Page 15663]]

final NO_X emission limit will be determined upon evaluation
of one year's worth of emissions monitoring data. The final
NO_X emission limit will be incorporated into an operating
permit. Should the final limit in the operating permit differ from the
interim limit established in the plan approval, the interim limit shall
remain the applicable Federally enforceable requirement until such time
as PADEP submits a SIP revision for this facility. The plan approval
contains a limit of 131,000 gallons on the usage of No. 2 fuel oil in
Auxiliary Boiler 3 during any consecutive 12-month period. The plan
approval also contains a limit of 435 hours on the usage of No. 2 Coal
Dryer during any consecutive 12-month period. The facility shall
maintain records in accordance with 25 Pa. Code Section 129.95
requirements.

III. EPA's Evaluation of the SIP Revisions

EPA is approving these SIP submittals because the Commonwealth
established and imposed requirements in accordance with the criteria
set forth in SIP-approved regulations for imposing RACT or for limiting
a source's potential to emit. The Commonwealth has also imposed record-
keeping, monitoring, and testing requirements on these sources
sufficient to determine compliance with these requirements.

IV. Final Action

EPA is approving revisions to the Commonwealth of Pennsylvania's
SIP which establish and require RACT for the five major sources of
NO_X listed in this document. EPA is publishing this rule
without prior proposal because we view this as a noncontroversial
amendment and anticipate 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 direct final rule will be
effective on June 2, 2003, without further notice unless we receive
adverse comment by May 1, 2003. If EPA receives adverse comment, EPA
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves 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 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (59 FR 22951, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of 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 five 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 June 2, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
This action approving the Commonwealth's source-specific RACT
requirements to control NO_X from five individual sources may
not be challenged later in proceedings to

[[Page 15664]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.

Dated: March 5, 2003.
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:

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

Subpart NN--Pennsylvania

? 2. Section 52.2020 is amended by adding paragraph (c)(196) to read as
follows:

Sec. 52.2020 Identification of plan.

* * * * *
(c) * * *
(196) Revisions pertaining to NO_X RACT for major sources
submitted on December 21, 2001.
(i) Incorporation by reference.
(A) Letter submitted on December 21, 2001 by the Pennsylvania
Department of Environmental Protection transmitting source-specific VOC
and/or NO_X RACT determinations, in the form of plan
approvals or operating permits.
(B) Plan approval (PA); Operating permit (OP):
(1) Lafarge Corporation, Lehigh County, OP-39-0011B, effective May
19, 1997.
(2) The Peoples Natural Gas Company, Cambria County, OP-11-000-356,
effective November 23, 1994.
(3) Horsehead Resource Development Company, Inc., Carbon County,
OP-13-0001, effective May 16, 1995.
(4) Williams Generation Company, Hazleton, Luzerne County, OP-40-
0031A, effective March 10, 2000.
(5) Pennsylvania Power and Light Company, Holtwood Steam Electric
Station, Lancaster County, PA-36-2016, effective May 25, 1995.
(ii) Additional Material.
(A) Letter of October 15, 2002 from the Pennsylvania Department of
Environmental Protection to EPA transmitting materials related to the
RACT permits listed in paragraph (c)(196)(i) of this section.
(B) Other materials submitted by the Commonwealth of Pennsylvania
in support of and pertaining to the RACT determinations for the sources
listed in paragraph (c)(196)(i) of this section.

[FR Doc. 03-7642 Filed 3-31-03; 8:45 am]
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