Browse by Year
/ 2003
/ October
/ Friday, October 17, 2003
[Federal Register: October 17, 2003 (Volume 68, Number 201)]
[Rules and Regulations]
[Page 59741-59747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc03-13]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA203-4209a; FRL-7570-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Five
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 five 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 December 16, 2003, without further
notice, unless EPA receives adverse written comment by November 17,
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: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Electronic comments should be sent either to morris.makeba@epa.gov or
to http://www.regulations.gov, which is an alternative method for
submitting electronic comments to EPA. To submit comments, please
follow the detailed instructions described in Part IV of the
SUPPLEMENTARY INFORMATION section. 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;
and the Pennsylvania Department of Environmental Resources, Bureau of
Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814-2182, or via e-mail at 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 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 Revision
On February 4, 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 five of those sources.
The other sources are subject to separate rulemaking actions. The RACT
determinations and requirements in this SIP revision are included in
operating permits (OP) issued by PADEP.
The following table identifies the individual operating permit that
EPA is approving for each source located in Pennsylvania.
VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Source County Op No. Source type Major source pollutant
----------------------------------------------------------------------------------------------------------------
Keystone Carbon Company....... Elk.............. OP 24-016 Powder Metal VOC
Parts
Manufacturing.
Mack Trucks, Inc.............. Northampton...... 39-0004 Heavy Duty Trucks VOC & NOX
Assembly.
Owens-Brockway Glass Jefferson........ OP 33-033 Glass Melting.... NOX
Container, Inc.
Resilite Sports Products, Inc. Northumberland... OP-49-0003 Wrestling Mat VOC
Manufacturing
Operations.
Westfield Tanning Company..... Tioga............ OP-59-0008 Leather VOC
Manufacturing.
----------------------------------------------------------------------------------------------------------------
[[Page 59742]]
A. Keystone Carbon Company
Keystone Carbon Company operates a powder metal parts and self-lube
bearings manufacturing facility located in Elk County, Pennsylvania and
is considered a major source of VOC. In this instance, RACT has been
established and imposed by PADEP in an operating permit. On February 4,
2003, PADEP submitted operating permit No. OP 24-016 to EPA as a SIP
revision. The permit lists the following sources and their respective
control devices: (1) Powder blending process--methanol condensation
system, (2) sintering ovens--pilot light (flare), (3) primary
processing (hot forming)--0.08 pounds methanol/pound hot formed
product, (4) heat treating (three tempering furnaces)--thermal
oxidizers, (5) heat treating (two draw furnaces)--electrostatic
precipitator, (6) heat treating (two induction hardening machines)--
electrostatic precipitator, and (7) miscellaneous plant heating units.
The permit contains a requirement for the facility to implement the
RACT plan as defined in 25 Pa. Code Chapter 129 section 129.91. The
permit also contains a requirement to maintain and operate facility
degreasers (sealing and parts cleaning) in accordance with 25 Pa. Code
Chapter 129 section 129.63. In addition, the permit contains the
primary processing methanol (MeOH) emission limit of 0.08 pounds per
pound of hot formed part produced. Records shall be maintained for the
methanol usage and hot formed parts produced. Records shall also be
maintained in accordance with 25 Pa. Code Chapter 129 section 129.95
and shall be made available to PADEP upon request.
B. Mack Trucks, Inc.
Mack Trucks, Inc., Macungie Assembly facility is located in Lower
Macungie Township, Northampton County, Pennsylvania. Heavy duty trucks
are assembled at the facility and it is considered a major source of
VOC and NOX. In this instance, RACT has been established and
imposed by PADEP in an operating permit. On February 4, 2003, PADEP
submitted operating permit No. 39-0004 to EPA as a SIP revision. This
permit requires Mack Trucks, Inc. and any associated air cleaning
devices to be operated and maintained in a manner consistent with good
operating and maintenance practices. The permit lists the following
sources that are regulated under the Commonwealth's presumptive RACT
requirements: (a) Four (4) 6-cylinder engines, two (2) Cummin series
NT-85-5-f2, one (1) Caterpillar series 3304 and one (1) Detroit series
92 engine which are limited to an annual capacity factor of less than
five percent, or (b) an emergency standby engine operating less than
500 hours in a consecutive 12-month period. These sources shall be
operated and maintained in accordance with good air pollution control
practices. The permit contains a NOX RACT emission limit of
441 gallons fuel oil/hour/boiler for the three (3) 67.1 MMBTU/hour
cleaner Brooks boilers. The permit also contains a VOC RACT emission
limit for clean-up solvent usage, 91.0 tons per year, for the entire
facility. All cleaning operations are required to store new and used
cleaning solvents in closed containers. A record of the quantity and
identity of all VOC solvents used in clean-up operations for the entire
facility are required to be recorded on an annual basis. These records
shall be submitted to PADEP, in an approved format, within 90 days
after the end of the year.
The VOC RACT for the facility is regulated by source and listed
below:
1. Small Parts/Oven (39-318-088)
(a) The operation of this source is limited to 12,500 trucks per
year.
(b) The maximum VOC emissions limit from this source is 175.0
pounds per day and 21.9 tons per year based on coating usage.
(c) The maximum coating usage for this source is 50 gallons per day
and 12,500 gallons per year.
(d) The limit for all coatings used in this source shall not exceed
an in-line average of 3.5 pounds per gallon minus water for any 24-hour
period.
(e) The facility is required to keep on hand chemical composition
data for all coatings used by this source, and to record on a daily
basis all coatings and any VOC solvent or thinner usage. These data are
to be submitted to PADEP in an approved format on a quarterly basis
within 30 days after the end of the quarter.
2. Cab Color Spray Paint Booth/Undercoat and Oven (39-318-090)
(a) The operation of this source is limited to 12,500 trucks per
year.
(b) The maximum VOC emissions limit from the cab operation is 612.5
pounds per day and 76.6 tons per year based on coating usage.
(c) The maximum coating usage for the cab color operation is 175
gallons per day and 43,750 gallons per year.
(d) The limit for all coatings used in this source shall not exceed
an in-line average of 3.5 pounds per gallon minus water for any 24-hour
period.
(e) The facility is required to keep on hand chemical composition
data for all coatings used by the cab coating operation, and to record
on a daily basis all coatings and any VOC solvent or thinner usage.
These data are to be submitted to PADEP in an approved format on a
quarterly basis within 30 days after the end of the quarter.
(f) The facility is required to record the quantity and identify
all VOC solvents used for clean up purposes for the entire plant
facility on an annual basis and submitted to PADEP in an approved
format within 90 days after the end of the year.
(g) The maximum VOC emissions limit from the undercoat operation is
153.5 pounds per day and 19.2 tons per year based on coating usage.
(h) The maximum coating usage for the undercoat operation is 50
gallons per day and 12,500 gallons per year.
(i) The limit for all coatings for the undercoating operation is
3.07 pounds VOC per gallon.
(j) The facility is required to keep on hand chemical composition
data for all coatings used by the undercoat operation, and to record on
a daily basis all coatings and any VOC solvent or thinner usage. These
data are to be submitted to PADEP in an approved format on a quarterly
basis within 30 days after the end of the quarter.
3. Final Touch-Up Paint Spray Booth and Oven (39-318-091)
(a) The operation of this source is limited to 50 trucks per day,
250 trucks per week and 12,500 trucks per year.
(b) The maximum VOC emissions limit from this source is 87.5 pounds
per day and 10.9 tons per year based on coating usage.
(c) The maximum coating usage from this source is 25 gallons per
day and 6,250 gallons per year.
(d) The limit for all coatings used in this source shall not exceed
an in-line average of 3.5 pounds per gallon minus water for any 24-hour
period.
(e) The facility is required to keep on hand chemical composition
data for all coatings used by this source, and to record on a daily
basis all coatings and any VOC solvent or thinner usage. These data are
to be submitted to PADEP in an approved format on a quarterly basis
within 30 days after the end of the quarter.
4. ``O'' Line Chassis Paint Spray Booth (39-318-092)
(a) The operation of this source is limited to 50 trucks per day,
250 trucks per week and 12,500 trucks per year.
(b) The maximum VOC emissions limit from this source is 87.5 pounds
per day and 10.9 tons per year based on coating usage.
[[Page 59743]]
(c) The maximum coating usage for this source is 25 gallons per day
and 6,250 gallons per year.
(d) The limit for all coatings used in an in-line average for this
source is 3.5 pounds per gallon minus water for any 24-hour period.
(e) The facility is required to keep on hand chemical composition
data for all coatings used by this source, and to record on a daily
basis all coatings and any VOC solvent or thinner usage. These data are
to be submitted to PADEP in an approved format on a quarterly basis
within 30 days after the end of the quarter.
5. ``G'' Line Chassis Paint Spray Booth and Oven With ``H'' Chassis
(39-318-093 and 39-318-095)
(a) The ``G'' and ``H'' line chassis paint booths and ovens are
limited to a total of 12,500 trucks per year, this limit maybe
distributed between either chassis line.
(b) The maximum VOC emissions limit from this source and the ``H''
line chassis paint spray booths and ovens are 1,455.5 pounds per day
and 180.5 tons per year based on coating usage. These limits can be
distributed between either chassis line.
(c) The maximum coating usage for these sources, are 413 gallons
per day and 103,125 gallons per year. These limits can be distributed
between either chassis line.
(d) The limit coatings used in these sources shall not exceed 3.5
pounds per gallon minus water for any 24-hour period.
(e) The facility is required to keep on hand chemical composition
data for all coatings used by these sources, and to record on a daily
basis all coatings and any VOC solvent or thinner usage. These data are
to be submitted to PADEP, in an approved format, on a quarterly basis
within 30 days after the end of the quarter.
6. Multi-Tone Paint Spray Booth and Oven (39-318-094)
(a) The operation of this source is limited to12,500 trucks per
year.
(b) The maximum VOC emissions limit from this source is 133 pounds
per day and 16.4 tons per year based on coating usage.
(c) The maximum coating usage from this source shall not exceed 38
gallons per day and 9.375 gallons per year.
(d) The limit coatings used in this source shall not exceed an in-
line average of 3.5 pounds per gallon minus water for any 24-hour
period.
(e) The facility is required to keep on hand chemical composition
data for all coatings used by this source, and to record on a daily
basis all coatings and any VOC solvent or thinner usage. These data are
to be submitted to PADEP, in an approved format, on a quarterly basis
within 30 days after the end of the quarter.
The facility shall maintain a file containing all records and other
data that are required to be collected, pursuant to 25 Pa. Code Chapter
129 section 129.95, these records provide sufficient data and
calculations to clearly demonstrate the requirements of 25 Pa. Code
Chapter 129 sections 129.91-4 are met. The file shall include, but not
be limited to: (1) Quality of fuel used on a daily basis, (2) total
facility VOC emission calculated on a monthly basis (12-month rolling
sum), and (3) all air pollution control systems performance evaluations
and records of calibration checks, adjustments and maintenance
performed on all equipment which is subject to the operating 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. If
requested by PADEP, the facility shall perform a stack test in
accordance with the provisions of 25 Pa. Code Chapter 139 within the
time specified by PADEP.
C. Owens-Brockway Glass Container, Inc.
Owens-Brockway Glass Container, Inc. is a facility located in
Jefferson County, Pennsylvania that processes glass containers and is
considered a major source of NOX. In this instance, RACT has
been established and imposed by PADEP in an operating permit. On
February 4, 2003, PADEP submitted operating permit No. OP 33-033 to EPA
as a SIP revision. The permit contains NOX emission limits
for ``A'' and ``B'' glass melting furnaces of 5.5 pounds per ton per
furnace of glass melted in the furnace. ``A'' and ``B'' glass melting
furnaces shall be stack tested for NOX emissions on an
annual schedule (once per calendar year), commencing no later than May
31, 1995. Stack testing shall be performed in accordance with 25 Pa.
Code Chapter 139 for NOX emissions from stationary sources.
If, after three consecutive annual tests, emission data consistently
shows compliance with established RACT emission limits, the testing
frequency may be altered as determined by PADEP. At least 30 days prior
to stack testing, a pretest protocol shall be submitted to PADEP. The
protocol shall include sampling port locations, specification of test
methods, procedures and equipment, and additional applicable
information regarding planned test protocol. In addition, at least two
weeks prior to testing, PADEP shall be informed of the date and time of
testing. Within 60 days after the testing, two copies of the complete
test reports, including operational parameters, shall be submitted to
PADEP for approval.
D. Resilite Sports Products, Inc.
Resilite Sports Products, Inc. (Resilite) operates a spray coating
system for the production of wrestling mats. The facility in
Northumberland County, Pennsylvania is considered a major source of
VOC. In this instance, RACT has been established and imposed by PADEP
in an operating permit. On February 4, 2003, PADEP submitted operating
permit No. OP-49-0003 to EPA as a SIP revision. This permit requires
Resilite and any associated air cleaning devices to be operated and
maintained in a manner consistent with good operating and maintenance
practices. The permit incorporates RACT determinations as required by
the provisions of Title I of the CAA and 25 Pa. Code Chapter 129
sections 129.91 through 129.95 for the following wrestling mat
manufacturing operations: (a) Adhesive application operations--one (1)
spray booth and one (1) spray station, (b) mat finish and cure
operations--four (4) spray bays, (c) mat reconditioning operations, (d)
spray equipment cleanup operations, (e) air stripper--remediation of
contaminated groundwater, and (f) one (1) 16,800,000 BTU per hour No. 2
fuel oil-fired Continental boiler.
The permit contains a combined VOC emissions limit for all
operations existing at this facility, other than the air stripper and
the boiler, of a total of 1,575 tons for the period beginning upon the
date of issuance of this permit and ending three years from said date;
a total of 725 tons during any consecutive 12-month period occurring
within the previously referenced three year period, and a total of 425
tons during any consecutive 12-month period occurring after the
conclusion of the previously referenced three year period. The permit
also contains the following VOC limits: (a) 5.98 pounds per gallon of
adhesive (minus water), as applied; (b) 6.83 pounds per gallon of
organic solvent-based mat coating material (minus water), as applied;
and (c) 1.0 pound per gallon of water-based mat coating material (minus
water) as applied. In addition, no equipment shall be cleaned with VOC-
containing solvents or cleaning materials other than spray guns and
spray gun components.
[[Page 59744]]
The cleaning of all spray guns and spray gun components shall consist
of soaking these items in closed containers of cleaning solvents. Under
no circumstance shall VOC containing solvents be sprayed into the
atmosphere. All containers of VOC containing adhesives, mat coating
materials, and cleaning solvents shall be kept closed except when
transferring material into or out of the containers.
The permit contains potential to emit VOC limits of three (3)
pounds per hour, 15 pounds per day or 2.7 tons per year, for the air
stripper, and the Continental boiler. A detailed RACT analysis which
meets the criteria specified in 25 Pa. Code Chapter 129 section 129.92,
must be submitted to PADEP for each source if any of these limits are
exceeded. In addition, the Continental boiler is to be fired on gas
(natural or LP) or No. 2 fuel oil, to which there had been no
reclaimed, waste oil or other waste material added. The facility shall,
upon request by PADEP, provide fuel analyses, or fuel samples, of the
fuel used in the boiler.
Resilite is required to maintain copies of manufacturer's
formulation or composition data sheets for all adhesives, mat coating
materials, cleaning solvents, and other VOC-containing materials used
within the previous two years and shall make this if available to
PADEP. These data sheets are to contain all of the information needed
to determine compliance with the VOC emission limits. Resilite is also
required to maintain a mat reconditioning/cleanup solvent log in which
the following data are recorded: (a) Identification, quantities and
dates of use of all VOC-containing solvents used for mat
reconditioning; (b) identification, quantities and dates of all VOC-
containing solvents used for cleanup of spray guns and spray gun
components; (c) identification, quantities and dates of all VOC-
containing solvents used for cleanup purposes other than mat
reconditioning and spray gun cleanup; and (d) quantities and dates of
shipment for all spent mat reconditioning solvent and cleanup solvent
shipped offsite for disposal or recycle. This information is to be
retained for at least two years and made available to PADEP upon
request.
Resilite shall implement the ``Employee Training Program'' and
``Leak Detection and Maintenance Program'' for all new and existing
Resilite employees involved in adhesive application, mat coating
material application, mat reconditioning and spray equipment cleanup
activities. This training will also address the requirements of this
permit as well as the requirements of any applicable state and federal
regulations.
The permit contains recordkeeping requirements pursuant to 25 Pa.
Code Chapter 129 section 129.95. Resilite shall keep accurate,
comprehensive records sufficient to demonstrate compliance with the
RACT requirements specified in this permit and shall, at a minimum,
include the following: (a) Identity and amount of each adhesive used
per month as well as identify and amount of any thinner added to the
adhesive, (b) the mix ratio (gallons of thinner per gallon of adhesive)
for each batch of adhesive used to which the thinner was added, (c)
identity and amount of mat coating material used per month as well as
the identity and amount of any thinner added to the mat coating
material, (d) the mix ratio (gallons of thinner per gallon of coating
material) for each batch of coating material used to which the thinner
was added, and (e) gallons of groundwater processed through the air
stripper per year as well as the VOC concentration in the influent to
the air stripper, that is determined at least once per calendar
quarter.
E. Westfield Tanning Company
Westfield Tanning Company is a leather manufacturing facility
located in Tioga County, Pennsylvania and is considered a major source
of VOC. In this instance, RACT has been established and imposed by
PADEP in an operating permit. On February 4, 2003, PADEP submitted
operating permit No. OP-59-0008 to EPA as a SIP revision. This permit
requires Westfield Tanning Company and any associated air cleaning
devices to be operated and maintained in a manner consistent with good
operating and maintenance practices. The permit incorporates RACT
determinations as required by the provisions of Title I of the CAA and
25 Pa. Code Chapter 129 sections 129.91 through 129.95 for the
following sources: (1) Leather tanning operation consisting of the
following: (a) tanning solutions prep room, (b) tanning solutions
storage tank, and (c) tanning vats; (2) leather waterproofing
operations consisting of the following: (a) four 165 gallon custom
designed leather dip tanks (Tanks 1-4), (b) one 135 gallon custom
designed leather dip tank (Tank 5), (c) one 475 gallon custom designed
leather dip tank (Tank 6), and (d) one leather drying room; (3) two 750
horsepower natural gas/No. 2 fuel oil fired Johnson boilers; (4) three
Safety Kleen degreasing sinks; (5) a gasoline storage consisting of a
250 gallon capacity horizontal gasoline storage vessel; (6) kerosene
cleaning of the leather splitting blades; and (7) sponge solution
fungicide leather treatment.
The permit contains a maximum VOC emission limit from the leather
tanning operation of 11.4 tons in any 12 consecutive month period. The
facility shall provide training to all employees involved in handling
of VOC-containing materials associated with the leather tanning
operation. The training shall, at a minimum, address the topics of VOC
emission minimization techniques and good housekeeeping practices. The
facility is required to maintain comprehensive, accurate records for
the leather tanning operation in accordance with 25 Pa. Code Chapter
129 section 129.95 which, at a minimum, shall include monthly usage
records for all VOC-containing materials associated with the tanning
operation. These records shall be retained for a minimum of two years
and made available to PADEP upon request.
The leather waterproofing operation requirements in the permit are
pursuant to the RACT provisions of 25 Pa. Code Chapter 129 sections
129.91 through 129.95, and the Best Available Control Technology
provisions of 25 Pa. Code Chapter 127 sections 127.1 and 127.12. The
permit contains a maximum VOC emissions limit from the leather
waterproofing operation of 55 tons in any 12 consecutive month period.
All materials added to each waterproofing dip tank shall contain, in
aggregate, no more than 5.5 pounds of VOC per gallon. Compliance is
determined based on a quarterly average VOC content to be calculated
based on all material additions to each tank in a given calendar
quarter. All dip tanks shall be kept closed when not in actual use. The
facility shall provide training to all employees involved in the
waterproofing operation. The training shall, at a minimum, address the
topics of VOC emission minimization techniques and good housekeeping
practices. In addition, the wetting of cleaning rags associated with
the waterproofing operation shall be done using a closed top cleanup
solvent plunger cans and no waste cleanup solvents, either in bulk or
remaining in used remaining in used cleanup rags, shall be disposed of
through evaporation.
The facility shall maintain comprehensive, accurate records for the
leather waterproofing tanning operation in accordance with 25 Pa. Code
Chapter 129 section 129.95 and the Best Available Technology provisions
of 25 Pa. Code Chapter 127 sections 127.1 and 127.12 which, at a
minimum, shall include the following with respect to each waterproofing
dip tank
[[Page 59745]]
incorporated in the waterproofing operation to which diluents
(thinners, reducers, etc.) and/or any other VOC-containing material,
other than dipping compounds are added: (1) The types and amount of
dipping compounds added to each dip tank and the dates of addition, and
(2) the types and amounts of any diluents and/or any other VOC-
containing materials added to each dip tank and the dates of addition.
For each waterproofing dip tank incorporated in the waterproofing
operation to which a dipping compound is added, the facility shall
maintain records of the type and amounts of dipping compound added to
the tank. In addition, the facility shall also maintain separate
records of all cleanup solvents used in the waterproofing operation.
The records generated for each calendar quarter shall be submitted to
PADEP by no later than the thirtieth day of the month following the
respective calendar quarter.
The permit contains a potential to emit VOC emission limits of 3
pounds per hour, 15 pounds per day, or 2.7 tons per year for the
following sources: (1) Two (2) Johnson boilers, (2) three (3) Safety
Kleen degreasing sinks, (3) a 250 gallon capacity horizontal gasoline
storage vessel, (4) kerosene cleaning of the leather splitting blades,
and (5) sponge solution fungicide leather treatment. The two Johnson
boilers are to be fired only on gas (natural or LP) or No. 2 fuel oil
to which no reclaimed or waste oil or other waste materials have been
added. The facility shall provide fuel analyses or fuel samples of the
fuel used by the two boilers upon request by PADEP.
The facility shall also maintain comprehensive, accurate records
for the following sources in accordance with 25 Pa. Code Chapter 129
section 129.95 which, at a minimum, shall include the following: (1)
The amounts of natural gas and No. 2 fuel oil used, per calendar year,
in each of the boilers, (2) the amount of degreasing solvent used and
the amount of spent degreasing solvent shipped offsite, as liquid
hazardous waste, per calendar year, for the degreasing sinks, (3) the
amount of gasoline stored, per calendar year, in the gasoline storage
tank, (4) the amount of kerosene used, per calendar year, for cleaning
the leather splitting blades, and (5) the amount of sponge solution
fungicide used, per calendar year, in the leather treatment operation.
The facility shall retain these records onsite for at least two years
and made available to PADEP upon request.
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 VOC
and NOX 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 December 16, 2003, without further notice unless we
receive adverse comment by November 17, 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.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number PA203-4209 in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to morris.makeba@epa.gov, attention: PA203-4209. EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether
[[Page 59746]]
submitted electronically or in paper, will be made available for public
viewing at the EPA Regional Office, as EPA receives them and without
change, unless the comment contains copyrighted material, confidential
business information (CBI), or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
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 (Public Law 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 (65 FR 67249, 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 December 16, 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
[[Page 59747]]
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 Pennsylvania's source-specific RACT requirements to
control VOC and NOX from five individual sources 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: September 29, 2003.
James W. Newsom,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. Section 52.2020 is amended by adding paragraph (c)(207) to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(207) Revisions pertaining to VOC and NOX RACT for major
sources submitted on February 4, 2003.
(i) Incorporation by reference.
(A) Letter submitted on February 4, 2003 by the Pennsylvania
Department of Environmental Protection transmitting source-specific VOC
and/or NOX RACT determinations, in the form of plan
approvals or operating permits.
(B) The following Operating Permits (OP):
(1) Keystone Carbon Company, Elk County, OP 24-016, effective May
15, 1995.
(2) Mack Trucks, Inc., Northampton County, 39-0004, effective May
31, 1995.
(3) Owens-Brockway Glass Container, Inc., Jefferson County, OP 33-
033, effective March 27, 1995.
(4) Resilite Sports Products, Inc., Northumberland County, OP-49-
0003, effective December 3, 1996.
(5) Westfield Tanning Company, Tioga County, OP-59-0008, effective
November 27, 1996.
(ii) Additional Material.
(A) Other materials submitted by the Commonwealth of Pennsylvania
in support of and pertaining to the RACT determinations for the sources
listed in paragraph (c)(207)(i) of this section.
(B) [Reserved]
[FR Doc. 03-26191 Filed 10-16-03; 8:45 am]
BILLING CODE 6560-50-P
Browse by Year
/ 2003
/ October
/ Friday, October 17, 2003
Bankruptcy - Debt Consolidation - Guitar Lessons - Loans
|
|
