![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX RACT Determinations for Two Individual Sources
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Rules and Regulations]
[Page 29444-29446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-8]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA208-4215a; FRL-7664-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Two
Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
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 two major sources of volatile
organic compounds (VOC) and nitrogen oxides (NOX) 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 July 23, 2004, without further notice,
unless EPA receives adverse written comment by June 23, 2004. 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: Submit your comments, identified by PA208-4215 by one of the
following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
B. E-mail: morris.makeba@epa.gov
C. Mail: Makeba Morris, Chief, Air Quality Planning Branch,
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. PA208-4215.
EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
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; Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania 17105; Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Betty Harris at (215) 814-2168 or via
e-mail at harris.betty@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 VOC and
NOX 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 Revisions
On July 2, 2003, PADEP submitted formal revisions to its SIP to
establish and impose case-by-case RACT for several major sources of VOC
and NOX. This rulemaking pertains to two of those sources,
namely, National Fuel Gas Supply Corporation's Roystone Compressor
Station, located in Sheffield, Warren County, Pennsylvania; and
Crompton Corporation's facility located in Fairview Township, Butler
County, Pennsylvania. These facilities are considered major for
NOX and VOC. The RACT determinations and requirements are
included in operating permits issued by PADEP. The RACT requirements
imposed by PADEP and submitted to EPA for approval as SIP revisions are
described in the following paragraphs.
A. National Fuel Gas Supply Corporation
The National Fuel Gas Supply Corporation (National) operates
natural gas compressors and generators at its Roystone Compressor
Station located in Sheffield Township, Warren County. The PADEP
established and imposed RACT for both NOX and VOC in
operating permit No. OP 62-141F, issued and effective April 1, 2003.
Under the conditions of the permit, the allowable NOX
emission rate for Units 1, 2, and 3 shall not exceed 5.3 pounds per
hour (lbs/hr) and the allowable NOX emission rate for Units
4, 5, 6, 7 and 8 shall not exceed 2.5 lbs/hr. The three boilers
manufactured by Penneco, Struthers and Peerless; the two Smith
Reboilers for Line D and Line L; and the two Pipeline Heaters (Erie L
and Line D) are subject to 25 PA Code Section 129.93(c)(1). The RACT
emission limitations for these sources are the installation,
maintenance and operation of the sources in accordance with the
manufacturers specifications. Standby generators 1 and 2 and the
Waukesha Air Compressor shall comply with the presumptive RACT
requirements as stated in 25 PA Code Section 129.93(c)(5). These units
are to be installed, maintained, and operated in accordance with the
manufacturer's specifications and good air pollution control practices.
Under the conditions of its operating permit for the Roystone station,
National must maintain records of the VOC emissions from the Line D and
Line L dehydrators. National must maintain records of the actual
throughput per day, the actual hours of operation and the glycol
circulation rate
[[Page 29445]]
for each dehydrator. The emissions from the regenerator overheads shall
be exhausted through the reboiler heater exhaust stack. National must
monitor the control device by conducting a visual observation of the
device and the pilot light at least once per manned 8-hour shift, and
maintain a log of the visual observations. National must maintain a
Leak Detection and Repair (LDAR) Plan for the fugitive emissions from
the facility to represent RACT for facility-wide fugitive emissions.
B. Crompton Corporation
The Crompton Corporation (Crompton) operates a facility in Fairview
Township, Butler County subject to RACT for NOX and VOC. The
PADEP established and imposed RACT for this facility in operating
permit No. 10-037, issued and effective June 4, 2003. Under the
conditions of this permit, NOX emissions at Boiler
#7 shall not exceed 0.180 lbs/MMBTU while burning natural gas,
and shall not exceed 0.40 lbs/MMBTU while burning oil. Under the
conditions of the permit, RACT for Boiler #7 shall also consist
of an annual adjustment or tune-up that will consist of an inspection,
adjustment, cleaning or replacement of the fuel burning equipment,
inspection and adjustment of the flame characteristics, and the
inspection and adjustment of the air-to-fuel control system. The tune
up shall be performed in accordance with the EPA document ``Combustion
Efficiency Optimization Manual for Operators of Oil and Gas-Fired
Boilers'', EPA-340/1-83-023, September 1983. The permit also requires
that Boiler #7 boiler be tested annually by Crompton with a
PADEP-approved portable analyzer. Under the conditions of the permit,
PADEP may require annual stack tests in accordance with EPA reference
methods pending the submission of the results from the portable
analyzer. Separate tests shall be performed to demonstrate compliance
with the NOX emission rates imposed on Boiler #7
when firing natural gas and when firing oil. The VOC emissions from the
Low-Cat Hydrogen Recovery Unit Vent V-64 (Source 125) shall not exceed
9.29 lbs/hr. The facility shall comply with the record-keeping
requirements of 25 PA Code Section 129.95. It should also be noted that
under Condition 8 of OP 10-137, the Utility Fractionator Unit Vent D-
204 (Source 131) which had potential VOC emissions of 20.95 lbs/hr and
82.11 tons/year (based upon 7838 hours of operation) was shutdown in
January 2002 and shall no longer be operated. Therefore, under OP 10-
137, Crompton is not required to demonstrate RACT for this source.
III. EPA's Evaluation of the SIP Revisions
EPA is approving the operating permits issued to the National and
Crompton facilities by PADEP as described in section II. EPA is
approving them as SIP revisions 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 recordkeeping,
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 submitted by PADEP on July 2, 2003. These revisions consist of
operating permits which establish and require RACT for National Fuel
Gas Supply Corporation's Roystone Compressor Station, located in
Sheffield, Warren County, Pennsylvania (OP 62-141F); and Crompton
Corporation's facility located in Fairview Township, Butler County,
Pennsylvania (OP 10-037). 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
July 23, 2004, without further notice unless we receive adverse comment
by June 23, 2004. 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
[[Page 29446]]
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 two 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 July 23, 2004. Filing a
petition for reconsideration by the Administrator of this final rule to
approve RACT for National Fuel Gas Supply Corporation's Roystone
Compressor Station located in Sheffield, Warren County, Pennsylvania
and Crompton Corporation's facility located in Fairview Township,
Butler County, Pennsylvania 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: May 13, 2004.
Richard J. Kampf,
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)(213) to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(213) Revisions pertaining to NOX and VOC RACT for
National Fuel Gas Supply Corporation's Roystone Compressor Station,
located in Sheffield, Warren County, Pennsylvania; and Crompton
Corporation's facility located in Fairview Township, Butler County,
Pennsylvania submitted by the Secretary of the Pennsylvania Department
of the Environment on July 2, 2003.
(i) Incorporation by reference.
(A) Letter submitted on July 2, 2003, by the Pennsylvania
Department of Environmental Protection transmitting source-specific VOC
and/or NOX RACT determinations, in the form of operating
permits:
(B) Operating permit (OP):
(1) National Fuel Gas Supply Corp., Roystone Compressor Station,
Sheffield, Warren County, OP 62-141F, effective date April 1, 2003.
(2) Crompton Corporation, Fairview Township, Butler County, OP 10-
037, effective date June 4, 2003.
(ii) Additional Material--Additional materials submitted by the
Commonwealth of Pennsylvania in support of and pertaining to the RACT
determinations for the sources listed in paragraph (c)(213)(i) of this
section.
[FR Doc. 04-11668 Filed 5-21-04; 8:45 am]
BILLING CODE 6560-50-P