[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Rules and Regulations]
[Pages 18821-18824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9462]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA129-4083a; FRL-6323-6]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of VOC RACT Determinations for 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
Pennsylvania state implementation plan (SIP). The revisions impose
reasonably available control technology (RACT) to reduce volatile
organic compounds (VOC) emissions from six (6) major sources located in
Pennsylvania. EPA is approving these revisions to establish RACT
requirements in accordance with the Clean Air Act.
DATES: This rule is effective on June 15, 1999 without further notice,
unless EPA receives adverse written comment by May 17, 1999. 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: Comments may be mailed to Kathleen Henry, Air Protection
Division, Mailcode 3AP11, 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; Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, at the
EPA Region III office or via e-mail at [email protected]. While
information may be requested via e-mail, any comments must be submitted
in writing to the above Region III address.
SUPPLEMENTARY INFORMATION:
I. Background
On December 8, 1995, October 18, 1996, July 24, 1998 and October 2,
1998, the Pennsylvania Department of Environmental Protection (PADEP)
submitted formal revisions to its state implementation plan (SIP). Each
submittal consisted of source-specific operating permits imposing RACT
on individual sources. Each source covered by this rulemaking will be
specifically identified and discussed below. Any additional operating
permits for other individual sources submitted coincidentally with
those being addressed in this document will addressed in a separate
rulemaking action.
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
nitrogen oxides (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), which is established
by the CAA. The entire State of Pennsylvania is located in the OTR. 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 moderate or marginal nonattainment
areas, were previously classified as marginal but are now areas where
the one-hour ozone standard no longer applies, 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
Pennsylvania submittals that are the subject of this document are meant
to satisfy the RACT requirements to reduce VOC emissions from six (6)
sources in Pennsylvania.
II. Summary of SIP Revision
The details of the RACT requirements imposed in each of the source-
specific operating permits can be found in the state submittals and in
the accompanying technical support document (TSD) prepared by EPA to
support of this rulemaking action. Copies of the TSD are available,
upon request, from the EPA Regional Office listed in the ADDRESSES
section of this document. Briefly, EPA is approving revisions to the
Pennsylvania SIP pertaining to the determination of RACT for six (6)
major sources of VOC. Several of the operating permits contain
conditions irrelevant to the determination and imposition of RACT.
Consequently, those provisions of the operating permits were not
considered part of PADEP's SIP revision request to approve RACT for
these six (6) sources.
The following table identifies the individual operating permits EPA
is approving. The specific emission limitations and other RACT
requirements for these sources are summarized in the accompanying TSD
prepared by EPA to support this rulemaking. As previously stated copies
of the TSD are available, upon request, from the EPA Regional Office
listed in the ADDRESSES section of this document.
[[Page 18822]]
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
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Plan Approval (PA#),
Operating Perment (OP#), ``Major
Source County Compliance Permit (CP Source type source''
#) pollutant
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GKN Sinter Metals.............. Cameron.......... OP 12-0002 Powdered metal VOC
parts
manufacturing.
Springs Window Fashions Div., Lycoming......... OP 41-0014 Surface coating.. VOC
Inc..
Cabinet Industries, Inc........ Montour.......... OP 47-0005 Surface coating.. VOC
Centennial Printing Corporation Montgomery....... OP 46-0068 Graphic arts..... VOC
Strick Corporation............. Montour.......... OP 47-0002 Surface coating.. VOC
Handy and Harmon Tube Company.. Montgomery....... OP 46-0016 Tube VOC
manufacturing.
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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 rule
will be effective on June 15, 1999 without further notice unless we
receive adverse comment by May 17, 1999. 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.
III. Final Action
EPA is approving six (6) source-specific operating permits imposing
RACT to reduce VOC emissions from GKN Sinter Metals, Inc. (Cameron
County), Springs Window Fashions Division, Inc. (Lycoming County),
Cabinet Industries Inc. (Montour County), Centennial Printing Corp.,
Strick Corporation (Montour County), and Handy and Harmon Tubing Co.
(Montgomery County).
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. 12875 requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is
``economically significant,'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not address an environmental health
or safety risk that would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, E.O. 13084 requires EPA to provide to the Office of
Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, E.O. 13084 requires EPA to
develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. This action does not involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and
[[Page 18823]]
small governmental jurisdictions. This final rule will not have a
significant impact on a substantial number of small entities because
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 create any new requirements, I certify
that this action will not have a significant economic impact on a
substantial number of small entities. Moreover, due to the nature of
the Federal-State relationship under the Clean Air Act, 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).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual 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.
G. 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, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and 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
approving six source-specific operating permits which impose RACT to
reduce VOC from GKN Sinter Metals, Inc. (Cameron County), Springs
Window Fashions Division, Inc. (Lycoming County), Cabinet Industries
Inc. (Montour County), Centennial Printing Corp., Strick Corporation
(Montour County), and Handy and Harmon Tubing Co. (Montgomery County).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action to approve the RACT determinations to
reduce VOC from GKN Sinter Metals, Inc. (Cameron County), Springs
Window Fashions Division, Inc. (Lycoming County), Cabinet Industries
Inc. (Montour County), Centennial Printing Corp., Strick Corporation
(Montour County), and Handy and Harmon Tubing Co. (Montgomery County)
must be filed in the United States Court of Appeals for the appropriate
circuit by June 15, 1999. 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 to
approve VOC RACT determinations for six individual sources in
Pennsylvania as a revision to the Commonwealth's SIP 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, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: April 5, 1999.
Thomas 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)(138) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(138) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC RACT, submitted on December 8, 1995, September 13,
1996, October 18, 1996, July 24, 1998, and October 2, 1998 by the
Pennsylvania Department of Environmental Protection.
(i) Incorporation by reference.
(A) Five (5) letters submitted by the Pennsylvania Department of
Environmental Protection transmitting source-specific VOC
determinations in the form of operating permits on the following dates:
December 8, 1995, September 13, 1996, October 18, 1996, July 24, 1998,
and October 2, 1998.
(B) Operating permits (OP):
(1) GKN Sinter Metals, Inc. (Cameron County), OP-12-0002, effective
September 30, 1998, except for the expiration date and conditions Nos.
14-20 relating to non-RACT provisions.
(2) Springs Window Fashions Division, Inc. (Lycoming County), OP-
41-0014, effective September 29, 1998, except for the expiration date
and conditions Nos. 9-10 relating to non-RACT provisions.
(3) Cabinet Industries, Inc. (Montour County), OP-47-0005,
effective September 21, 1998, except for the expiration date and
conditions Nos. 5-8 relating to non-RACT provisions.
(4) Centennial Printing Corp. (Montgomery County), OP-46-0068,
effective October 31, 1996, as revised on May 11, 1998 except for the
expiration date and conditions Nos. 13-15 and 17-20 pertaining to non-
RACT provisions.
(5) Strick Corporation (Montour County), OP-47-0002, effective
August 28, 1996, except for the expiration date and conditions Nos. 10-
11 and 21-22 relating to non-RACT provisions.
(6) Handy and Harmon Tube Co. (Montgomery County), OP-46-0016
effective September 25, 1995, except for the expiration dates and
conditions No. 11 relating to non-RACT provisions.
(ii) Additional Materials--Remainder of the Commonwealth of
Pennsylvania's September 13, 1996, December 18, 1996, October 18, 1996,
July 24, 1998 and October 2, 1998 submittals pertaining to
[[Page 18824]]
the VOC RACT requirements for GKN Sinter Metals, Inc. (Cameron County),
Springs Window Fashions Division, Inc. (Lycoming County), Cabinet
Industries Inc. (Montour County), Centennial Printing Corp., Strick
Corporation (Montour County), and Handy and Harmon Tubing Co.
(Montgomery County).
[FR Doc. 99-9462 Filed 4-15-99; 8:45 am]
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