Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC RACT Determinations for Eleven Individual Sources, 15774-15778 [05-6199]
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
EPA.—APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
Title/subject
State approval/submittal date
EPA approval date
Section 115.249 .......
Counties and Compliance Schedules ...........
11/6/02 .......
3/29/05 [Insert FR page number where document begins].
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Explanation
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Subchapter E: Solvent-Using Processes
Division 1: Degreasing Processes
Section 115.412 .......
Control Requirements ...................................
11/17/04 .....
Section 115.413 .......
Alternate Control Requirements ....................
11/17/04 .....
Section 115.415 .......
Testing Requirements ...................................
11/17/04 .....
Section 115.416 .......
Recordkeeping Requirements .......................
11/17/04 .....
Section 115.417 .......
Exemptions ....................................................
11/17/04 .....
Section 115.419 .......
Counties and Compliance Schedules ...........
11/17/04 .....
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ument begins].
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ument begins].
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ument begins].
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Subchapter F: Miscellaneous Industrial Sources
Division 1: Cutback Asphalt
Section 115.512 .......
Control Requirements ...................................
11/17/04 .....
Section 115.516 .......
Recordkeeping Requirements .......................
11/17/04 .....
Section 115.517 .......
Exemptions ....................................................
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Section 115.519 .......
Counties and Compliance Schedules ...........
11/17/04 .....
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[FR Doc. 05–6196 Filed 3–28–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0009; FRL–7890–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC RACT
Determinations for Eleven Individual
Sources
*
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
eleven major sources of volatile organic
compounds (VOC). These sources are
located in Pennsylvania. EPA is
approving these revisions to establish
RACT requirements in the SIP in
accordance with the Clean Air Act
(CAA).
AGENCY:
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
ADDRESSES:
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DATES:
Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
PO 00000
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This rule is effective on May 31,
2005, without further notice, unless
EPA receives adverse written comment
by April 28, 2005. 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.
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
page number where doc-
*
*
2005–PA–0009 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Agency Web site: https://
www.docket.epa.gov/rmepub/ RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03–OAR–2005–PA–0009,
Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R03–OAR–2005–PA–0009.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.docket.epa.gov/rmepub/,
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 RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov Web
sites are 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 RME or 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.
Docket: All documents in the
electronic docket are listed in the RME
index at https://www.docket.epa.gov/
rmepub/. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality, P.O.
Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Pauline De Vose, (215) 814–2186, or by
e-mail at devose.pauline@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.
State implementation plan revisions
imposing RACT for three classes of VOC
sources are required under section
182(b)(2). The categories are:
(1) All sources covered by a Control
Technique Guideline (CTG) document
issued between November 15, 1990 and
the date of attainment;
(2) All sources covered by a CTG
issued prior to November 15, 1990; and
(3) All major non-CTG sources.
The Pennsylvania SIP already has
approved RACT regulations and
requirements for all sources and source
categories covered by the CTGs. The
Pennsylvania SIP also has approved
regulations to require major sources of
NOX and additional major sources of
VOC emissions (not covered by a CTG)
to implement RACT. These regulations
15775
are commonly termed the ‘‘generic
RACT regulations’’. A generic RACT
regulation is one that does not, itself,
specifically define RACT for a source or
source categories but instead establishes
procedures for imposing case-by-case
RACT determinations. The
Commonwealth’s SIP-approved generic
RACT regulations consist of the
procedures PADEP uses to establish and
impose RACT for subject sources of
VOC and NOX. Pursuant to the SIPapproved generic RACT rules, PADEP
imposes RACT on each subject source in
an enforceable document, usually a Plan
Approval (PA) or Operating Permit (OP).
The Commonwealth then submits these
PAs and OPs to EPA for approval as
source-specific SIP revisions.
On August 30, 2004, PADEP
submitted revisions to the Pennsylvania
SIP which establish and impose RACT
for eleven sources of VOC and NOX. The
Commonwealth’s submittals consist of
PAs and OPs which impose VOC and
NOX RACT requirements for each
source.
II. Summary of the SIP Revisions
Copies of the actual PAs and OPs
imposing RACT and PADEP’s
evaluation memoranda are included in
the electronic and hard copy docket for
this final rule. As previously stated, all
documents in the electronic docket are
listed in the RME index at https://
www.docket.epa.gov/rmepub/. Publicly
available docket materials are available
either electronically in RME or in hard
copy during normal business hours at
the Air Protection Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality, P.O.
Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105. The table below
identifies the sources and the individual
plan approvals (PAs) and operating
permits (OPs) which are the subject of
this rulemaking.
PENNSYLVANIA—VOC RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Source
County
Plan approval (PA
No.) Operating Permit
(OP No.)
Information Display Technology, Inc ..............
Bedford Materials Co., Inc .............................
Bollman Hat Company ...................................
Armco Inc .......................................................
Specialty Tires of America, Inc ......................
Truck Accessories Group East ......................
Jeraco Enterprises, Inc ..................................
Indiana .......................
Bedford ......................
Lancaster ...................
Mercer .......................
Indiana .......................
Northumberland .........
Northumberland .........
32–000–085
05–02005
36–2031
OP 43–040
32–000–065
OP–49–0005
OP–49–0014
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Source Type
Visual Display Material Fabrication ...............
Electrical Insulating Production Facility ........
Hat Manufacturing .........................................
Steel Pipe Manufacturing ..............................
Tire Manufacturing ........................................
Fiberglass/Plastics Manufacturing ................
Fiberglass/Plastics Manufacturing ................
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‘‘Major
source’’
pollutant
VOC.
VOC.
VOC.
VOC.
VOC.
VOC.
VOC.
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PENNSYLVANIA—VOC RACT DETERMINATIONS FOR INDIVIDUAL SOURCES—Continued
Plan approval (PA
No.) Operating Permit
(OP No.)
Source
County
Insulation Corporation of America .................
Pope & Talbot, Inc .........................................
Universal Rundle Corporation ........................
Clark Filter ......................................................
Lehigh ........................
Luzerne .....................
Lawrence ...................
Lancaster ...................
EPA is approving these RACT SIP
submittals because PADEP established
and imposed these RACT requirements
in accordance with the criteria set forth
in its SIP-approved generic RACT
regulations applicable to these sources.
The Commonwealth has also imposed
record-keeping, monitoring, and testing
requirements on these sources sufficient
to determine compliance with the
applicable RACT determinations.
III. Final Action
EPA is approving the revisions to the
Pennsylvania SIP submitted by PADEP
to establish and require VOC RACT for
eleven major sources. EPA is publishing
this rule without prior proposal because
the Agency views this as a
noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on May
31, 2005 without further notice unless
EPA receives adverse comment by April
28, 2005. 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.
IV. 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
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39–0012
40–0019
OP 37–059
36–02040
Source Type
Expanded Polystyrene Manufacturing Plant
Flexographic Painting Process .....................
Spray-up Fiberglass Operation .....................
Paper Filter Manufacturing ............................
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 (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),
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‘‘Major
source’’
pollutant
VOC.
VOC.
VOC.
VOC.
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 sourcespecific requirements for 11 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
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States Court of Appeals for the
appropriate circuit by May 31, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule
approving source-specific RACT
requirements for eleven major sources
in the Commonwealth of 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
Subpart NN—Pennsylvania
Environmental protection, Air
pollution control, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
I
Dated: March 18, 2005.
James Newson,
Acting Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
2. In Section 52.2020, the table in
paragraph (d)(1) is amended by adding
the entry/entries for Information Display
Technology, Inc., Bedford Materials Co.,
Inc., Bollman Hat Company, Armco Inc.,
Specialty Tires of America, Inc., Truck
Accessories Group East, Jeraco
Enterprises, Inc., Insulation Corporation
of America, Pope & Talbot, Inc.,
Universal Rundle Corporation, and Clark
Filter at the end of the table to read as
follows:
§ 52.2020
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(d) * * *
(1) * * *
*
State effective
date
EPA approval date
*
Indiana .....................
*
1/11/96
05–02005
Bedford ....................
4/15/99
Bollman Hat Company ................................
36–2031
Lancaster .................
7/3/95
Armco Inc ....................................................
OP 43–040
Mercer .....................
9/30/99
Specialty Tires of America, Inc ...................
32–000–065
Indiana .....................
1/6/00
Truck Accessories Group East ...................
OP–49–0005
Northumberland .......
3/26/99
Jeraco Enterprises, Inc ...............................
OP–49–0014
Northumberland .......
4/6/97
Insulation Corporation of America ...............
39–0012
Lehigh ......................
10/17/95
Pope & Talbot, Inc ......................................
40–0019
Luzerne ....................
5/31/96
Universal Rundle Corporation .....................
OP 37–059
Lawrence .................
5/31/95
Clark Filter ...................................................
36–02040
Lancaster .................
2/4/00
*
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
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number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
3/29/05, [Insert page
number where the
document begins].
Name of source
Permit No.
County
*
*
Information Display Technology, Inc ...........
*
32–000–085
Bedford Materials Co., Inc ..........................
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*
Additional explanation/§ 52.2063
citation
*
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
52.2020(d)(1)(h).
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[FR Doc. 05–6199 Filed 3–28–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 423
RIN 1006–AA49
Public Conduct on Reclamation Lands
and Projects; Extension of Expiration
Date
Bureau of Reclamation,
Interior.
ACTION: Final rule.
AGENCY:
II. Procedural Requirements
SUMMARY: In 2002 the Bureau of
Reclamation published a final rule
governing public conduct on Bureau of
Reclamation Lands (the 2002 rule). The
2002 rule will expire on April 17, 2005.
We are developing a new rule to replace
the 2002 rule, but the new rule will not
be finalized by April 17. This rule
extends the effective date of the 2002
rule to allow us time to develop and
publish the new rule.
DATES: The extension of the expiration
date of 43 CFR part 423, Public Conduct
on Bureau of Reclamation Lands and
Projects, from April 17, 2005, to April
17, 2006, is effective on March 29, 2005.
ADDRESSES: Address any questions
concerning this rule to Larry Todd,
Director, Security, Safety, and Law
Enforcement, Bureau of Reclamation,
6th and Kipling, Building 67, P.O. Box
25007, Denver, Co. 80225.
FOR FURTHER INFORMATION CONTACT: Gary
Anderson, (303) 445–2891.
SUPPLEMENTARY INFORMATION:
I. Background
On September 11, 2001, terrorists
launched attacks on targets within the
United States. Following the terrorist
attacks, on November 12, 2001,
Congress enacted Public Law 107–69
(now codified at 43 U.S.C. 373b and
373c), to provide law enforcement
authority within Reclamation projects
and on Reclamation lands. Section 1(a)
of Public Law 107–69 requires
Reclamation to ‘‘issue regulations
necessary to maintain law and order and
protect persons and property within
Reclamation projects and on
Reclamation lands.’’ Pursuant to that
statutory requirement, Reclamation
issued a final rule, 43 CFR Part 423,
Public Conduct on Reclamation Lands
and Projects, on April 17, 2002 (now
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codified at 43 CFR 423.1–10). That
rule’s preamble set the rule to expire on
April 17, 2003, based on Reclamation’s
intent to develop a more comprehensive
public conduct rule by that date. On
April 3, 2003, Reclamation extended
that expiration date to April 17, 2005.
A more comprehensive rule is
currently under development, but
additional time is needed to complete
that rulemaking. In order to avoid a time
period during which no rule is in place
addressing public conduct on our lands
and facilities, Reclamation has decided
to extend the expiration date of the
existing rule from April 17, 2005, to
April 17, 2006.
A. Determination To Issue Final Rule
Without Notice and Comment
The Administrative Procedure Act
(APA) generally requires agencies to
provide advance notice and an
opportunity to comment on agency
rulemakings. However, the APA allows
an agency to promulgate rules without
notice and comment when an agency,
for good cause, finds that notice and
public comment are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ (5 U.S.C. 553(b)(3)(B)). To the
extent that 5 U.S.C. 553 applies to the
rule, good cause exists to exempt this
rulemaking from advance notice and
comment.
Allowing a period for advance notice
could result in the expiration of the
existing rule before this rule, which
extends the expiration date, goes into
effect. A period without a rule in place
addressing public conduct on
Reclamation lands and projects would
result in a serious disruption in the
protection of Reclamation facilities and
property, with accompanying confusion
to employees and the public. Such
disruption and confusion would be
contrary to public and national security
interests.
We expect to issue a comprehensive
rule that would supersede the existing
rule in the near future. Establishing a
public comment period for the
extension of the existing rule’s
expiration date is likely to create
significant public confusion in that such
a comment period might closely
coincide with the comment period on
the proposed comprehensive rule.
Finally, the existing rule which was
issued on April 17, 2002, generated
virtually no public reaction. Despite our
request for comments on the rule, we
received only one nonsubstantive
comment. Therefore, it is not reasonable
to expect that mere extension of the
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rule’s expiration date would result in
substantive comments from the public.
For the foregoing reasons, we
conclude it is impracticable,
unnecessary, and contrary to the public
interest to request public comment on
this rule.
B. Determination To Make Rule
Effective Immediately
A period without a rule in place
addressing public conduct on
Reclamation lands and projects would
result in a serious disruption in the
protection of Reclamation facilities and
property, with accompanying confusion
to employees and the public. This
disruption and confusion would be
contrary to public and national security
interests. For these reasons, the Bureau
of Reclamation has determined it
appropriate to waive the requirement of
publication 30 days in advance of the
effective date. As allowed by 5 U.S.C.
553(d)(3), this rule is effective
immediately because it is in the public
interest not to delay implementation of
this amendment.
C. Review Under Procedural Statutes
and Executive Orders
We have reviewed this final rule
under the following statutes and
executive orders governing rulemaking
procedures: The Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1501 et
seq.; the Regulatory Flexibility Act, 5
U.S.C. 601 et seq.; the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 801 et seq.; the National
Environmental Policy Act of 1969, 42
U.S.C. 4321 et seq.; the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.;
Executive Order 12630 (Takings);
Executive Order 12866 (Regulatory
Planning and Review); Executive Order
12988 (Civil Justice Reform); Executive
Order 13132 (Federalism); Executive
Order 13175 (Tribal Consultation); and
Executive Order 13211 (Energy
Impacts). We have determined that this
rule does not trigger any of the
procedural requirements of those
statutes and executive orders because it
merely extends the expiration date of
the existing rule.
List of Subjects in 43 CFR Part 423
Law enforcement, Penalties, Public
lands.
For the reasons set forth in the
preamble, the Bureau of Reclamation
extends the expiration date of 43 CFR
part 423 from April 17, 2005, to April
17, 2006.
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15774-15778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6199]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0009; FRL-7890-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC RACT Determinations for Eleven 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 eleven major sources of
volatile organic compounds (VOC). These sources are 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 May 31, 2005, without further notice,
unless EPA receives adverse written comment by April 28, 2005. 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 Regional Material in
EDocket (RME) ID Number R03-OAR-2005-PA-0009 by one of the following
methods:
A. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: https://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03-OAR-2005-PA-0009, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and
[[Page 15775]]
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to RME ID No. R03-OAR-2005-PA-
0009. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
https://www.docket.epa.gov/rmepub/, 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 RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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.
Docket: All documents in the electronic docket are listed in the
RME index at https://www.docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Pauline De Vose, (215) 814-2186, or by
e-mail at devose.pauline@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.
State implementation plan revisions imposing RACT for three classes
of VOC sources are required under section 182(b)(2). The categories
are:
(1) All sources covered by a Control Technique Guideline (CTG)
document issued between November 15, 1990 and the date of attainment;
(2) All sources covered by a CTG issued prior to November 15, 1990;
and
(3) All major non-CTG sources.
The Pennsylvania SIP already has approved RACT regulations and
requirements for all sources and source categories covered by the CTGs.
The Pennsylvania SIP also has approved regulations to require major
sources of NOX and additional major sources of VOC emissions
(not covered by a CTG) to implement RACT. These regulations are
commonly termed the ``generic RACT regulations''. A generic RACT
regulation is one that does not, itself, specifically define RACT for a
source or source categories but instead establishes procedures for
imposing case-by-case RACT determinations. The Commonwealth's SIP-
approved generic RACT regulations consist of the procedures PADEP uses
to establish and impose RACT for subject sources of VOC and
NOX. Pursuant to the SIP-approved generic RACT rules, PADEP
imposes RACT on each subject source in an enforceable document, usually
a Plan Approval (PA) or Operating Permit (OP). The Commonwealth then
submits these PAs and OPs to EPA for approval as source-specific SIP
revisions.
On August 30, 2004, PADEP submitted revisions to the Pennsylvania
SIP which establish and impose RACT for eleven sources of VOC and
NOX. The Commonwealth's submittals consist of PAs and OPs
which impose VOC and NOX RACT requirements for each source.
II. Summary of the SIP Revisions
Copies of the actual PAs and OPs imposing RACT and PADEP's
evaluation memoranda are included in the electronic and hard copy
docket for this final rule. As previously stated, all documents in the
electronic docket are listed in the RME index at https://
www.docket.epa.gov/rmepub/. Publicly available docket materials are
available either electronically in RME or in hard copy during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105. The table below identifies the sources and the individual plan
approvals (PAs) and operating permits (OPs) which are the subject of
this rulemaking.
Pennsylvania--VOC RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan approval (PA ``Major
Source County No.) Operating Source Type source''
Permit (OP No.) pollutant
----------------------------------------------------------------------------------------------------------------
Information Display Technology, Indiana........... 32-000-085 Visual Display VOC.
Inc. Material Fabrication.
Bedford Materials Co., Inc..... Bedford........... 05-02005 Electrical Insulating VOC.
Production Facility.
Bollman Hat Company............ Lancaster......... 36-2031 Hat Manufacturing..... VOC.
Armco Inc...................... Mercer............ OP 43-040 Steel Pipe VOC.
Manufacturing.
Specialty Tires of America, Inc Indiana........... 32-000-065 Tire Manufacturing.... VOC.
Truck Accessories Group East... Northumberland.... OP-49-0005 Fiberglass/Plastics VOC.
Manufacturing.
Jeraco Enterprises, Inc........ Northumberland.... OP-49-0014 Fiberglass/Plastics VOC.
Manufacturing.
[[Page 15776]]
Insulation Corporation of Lehigh............ 39-0012 Expanded Polystyrene VOC.
America. Manufacturing Plant.
Pope & Talbot, Inc............. Luzerne........... 40-0019 Flexographic Painting VOC.
Process.
Universal Rundle Corporation... Lawrence.......... OP 37-059 Spray-up Fiberglass VOC.
Operation.
Clark Filter................... Lancaster......... 36-02040 Paper Filter VOC.
Manufacturing.
----------------------------------------------------------------------------------------------------------------
EPA is approving these RACT SIP submittals because PADEP
established and imposed these RACT requirements in accordance with the
criteria set forth in its SIP-approved generic RACT regulations
applicable to these sources. The Commonwealth has also imposed record-
keeping, monitoring, and testing requirements on these sources
sufficient to determine compliance with the applicable RACT
determinations.
III. Final Action
EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP to establish and require VOC RACT for eleven major sources. EPA
is publishing this rule without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on May 31, 2005 without further notice
unless EPA receives adverse comment by April 28, 2005. 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.
IV. 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 (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 11 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
[[Page 15777]]
States Court of Appeals for the appropriate circuit by May 31, 2005.
Filing a petition for reconsideration by the Administrator of this
final rule approving source-specific RACT requirements for eleven major
sources in the Commonwealth of 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, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: March 18, 2005.
James Newson,
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. In Section 52.2020, the table in paragraph (d)(1) is amended by
adding the entry/entries for Information Display Technology, Inc.,
Bedford Materials Co., Inc., Bollman Hat Company, Armco Inc., Specialty
Tires of America, Inc., Truck Accessories Group East, Jeraco
Enterprises, Inc., Insulation Corporation of America, Pope & Talbot,
Inc., Universal Rundle Corporation, and Clark Filter at the end of the
table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Information Display Technology, Inc 32-000-085 Indiana............. 1/11/96 3/29/05, [Insert 52.2020(d)(1)(h).
page number where
the document begins].
Bedford Materials Co., Inc......... 05-02005 Bedford.............. 4/15/99 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Bollman Hat Company................ 36-2031 Lancaster............ 7/3/95 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Armco Inc.......................... OP 43-040 Mercer............... 9/30/99 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Specialty Tires of America, Inc.... 32-000-065 Indiana.............. 1/6/00 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Truck Accessories Group East....... OP-49-0005 Northumberland....... 3/26/99 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Jeraco Enterprises, Inc............ OP-49-0014 Northumberland....... 4/6/97 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Insulation Corporation of America.. 39-0012 Lehigh............... 10/17/95 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Pope & Talbot, Inc................. 40-0019 Luzerne.............. 5/31/96 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Universal Rundle Corporation....... OP 37-059 Lawrence............. 5/31/95 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
Clark Filter....................... 36-02040 Lancaster............ 2/4/00 3/29/05, [Insert page 52.2020(d)(1)(h).
number where the
document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 15778]]
* * * * *
[FR Doc. 05-6199 Filed 3-28-05; 8:45 am]
BILLING CODE 6560-50-P
