Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOX, 16118-16122 [05-6283]
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16118
Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
for R.H. Sheppard Co., Inc., Wheatland
Tube Company, and three
Transcontinental Gas Pipeline
Corporations at the end of the table to
read as follows:
§ 52.2020
*
Identification of plan.
*
*
(d) * * *
*
*
(1) EPA-APPROVED SOURCE-SPECIFIC REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) REQUIREMENTS FOR
VOLATILE ORGANIC COMPOUNDS (VOC) AND OXIDES OF NITROGEN (NOX)
Name of source
Permit No.
*
*
R.H. Sheppard Co., Inc .....................
67–2016
*
York .....................
*
8/4/95
Wheatland Tube Company ...............
OP 43–182
Mercer .................
7/26/95
Transcontinental Gas Pipeline Corporation.
OP–53–0006
Potter ..................
10/13/95
Transcontinental Gas Pipeline Corporation.
OP–19–0004
Columbia .............
5/30/95
Transcontinental Gas Pipeline Corporation.
PA–41–0005A
Lycoming .............
8/9/95
*
*
*
*
*
State effective
date
County
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0004; FRL–7891–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; NOX RACT
Determinations for Ten Individual
Sources
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
ten major sources of nitrogen oxides
(NOX). 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).
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This rule is effective on May 31,
2005 without further notice, unless EPA
receives adverse written comment by
April 29, 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–0004 by one of the following
methods:
A. Federal eRulemaking Portal: http:/
/www.regulations.gov. Follow the online 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–0004,
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
special arrangements should be made
for deliveries of boxed information.
DATES:
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52.2020(d)(1)(i)
52.2020(d)(1)(i)
52.2020(d)(1)(i)
52.2020(d)(1)(i)
52.2020(d)(1)(i)
Instructions: Direct your comments to
RME ID No. R03-OAR–2005–PA–0004.
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,
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
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:
Amy Caprio, (215) 814–2156, or by email at caprio.amy@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 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.
It must be noted that the
Commonwealth has adopted and is
implementing additional ‘‘post RACT
requirements’’ to reduce seasonal NOX
emissions in the form of a NOX cap and
trade regulation, 25 Pa Code Chapters
16119
121 and 123, based upon a model rule
developed by the States in the OTR.
That regulation was approved as SIP
revision on June 6, 2000 (65 FR 35842).
Pennsylvania has also adopted 25 Pa
Code Chapter 145 to satisfy Phase I of
the NOX SIP call. That regulation was
approved as a SIP revision on August
21, 2001 (66 FR 43795). Federal
approval of a source-specific RACT
determination for a major source of NOX
in no way relieves that source from any
applicable requirements found in 25 PA
Code Chapters 121, 123 and 145.
On August 30, 2004, PADEP
submitted revisions to the Pennsylvania
SIP which establish and impose RACT
for ten sources of NOX. The
Commonwealth’s submittals consist of
PAs and OPs which impose 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 memorandum 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
PAs and OPs which are the subject of
this rulemaking.
PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Source
County
Plan approval
(PA #)
operating permit
(OP #)
Source type
The Pennsylvania State University—University Park.
Tennessee Gas Pipeline Company—
Charleston Township.
Tennessee Gas Pipeline Company—
Wyalusing Township.
Masland Industries ........................................
ESSROC Cement Corp. ...............................
The Magee Carpet Company .......................
Centre ............
OP–14–0006 ........
Boilers ...........................................................
NOX
Tioga ..............
OP–59–0001 ........
NOX
Bradford .........
OP–08–0002 ........
Cumberland ....
Lawrence ........
Columbia ........
21–2001 ...............
OP–37–003 ..........
OP–19–0001 ........
Tennessee Gas Pipeline Company—Howe
Township.
Tennessee Gas Pipeline Corporation—Buck
Township.
Forest .............
OP–27–015 ..........
Luzerne ..........
40–0002, 40–
0002A.
Natural-Gas Turbines; Heaters; Generator;
Boiler.
Natural-Gas Turbines; Heaters; Generator;
Boiler.
Boilers ...........................................................
Cement Kilns ................................................
Boilers; Carpet Dryers; Generators; Space
Heaters.
Engines; Boilers; Furnaces; Hot Water
Heater.
Engines; Turbine ..........................................
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‘‘Major
source’’
pollutant
NOX
NOX
NOX
NOX
NOX
NOX
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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES—Continued
Source
County
Plan approval
(PA #)
operating permit
(OP #)
Source type
Transcontinental Gas Pipe Line Corporation—Peach Bottom Township.
Standard Steel Division of Freedom Forge
Corp.
York ................
67–2012 ...............
Engines .........................................................
NOX
Mifflin ..............
44–2001 ...............
Furnaces; Engines; Heat Boilers .................
NOX
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
recordkeeping, 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 NOX RACT for
ten 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
29, 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
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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.
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‘‘Major
source’’
pollutant
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 ten 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 May 31, 2005.
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Filing a petition for reconsideration by
the Administrator of this final rule
approving source-specific RACT
requirements for ten 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements.
Dated: March 23, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(d)(1) is amended by adding the entries
for The Pennsylvania State University-
I
University Park, Tennessee Gas Pipeline
Company-Charleston Township,
Tennessee Gas Pipeline CompanyWyalusing Township, Masland
Industries, ESSROC Cement Corp., The
Magee Carpet Company, Tennessee Gas
Pipeline Company-Howe Township,
Tennessee Gas pipeline CorporationBuck Township, Transcontinental Gas
Pipe Line Corporation-Peach Bottom
Township, and Standard Steel Division
of Freedom Forge Corp. at the end of the
table to read as follows:
§ 52.2020
*
Identification of plan.
*
*
(d) * * *
*
*
(1) EPA-APPROVED SOURCE-SPECIFIC REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) REQUIREMENTS FOR
VOLATILE ORGANIC COMPOUNDS (VOC) AND OXIDES OF NITROGEN (NOX)
Name of source
Permit No.
State effective
date
County
*
*
The Pennsylvania State University—
University Park.
*
OP–14–0006
*
Centre .................
*
12/30/98
Tennessee Gas Pipeline Company—
Charleston Township.
OP–59–0001
Tioga ...................
5/31/95
Tennessee Gas Pipeline Company—
Wyalusing Township.
OP–08–0002
Bradford ..............
5/31/95
Masland Industries ............................
21–2001
Cumberland ........
5/31/95
ESSROC Cement Corp. ...................
OP–37–003
Lawrence ............
7/27/95, 3/31/
99
The Magee Carpet Company ...........
OP–19–0001
Columbia .............
1/22/97
Tennessee Gas Pipeline Company—
Howe Township.
OP–27–015
Forest ..................
7/27/00
Tennessee Gas Pipeline Corporation—Buck Township.
40–0002, 40–
0002A
Luzerne ...............
5/31/95
Transcontinental Gas Pipe Line Cor- 67–2012
poration—Peach Bottom Township.
York .....................
5/5/95
Standard Steel Division of Freedom
Forge Corp.
Mifflin ...................
5/31/95
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[FR Doc. 05–6283 Filed 3–29–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–MD–0003; FRL–7891–3]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Maryland; Revised Definition of
Volatile Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action on revisions to the Maryland
State Implementation Plan (SIP)
submitted by the Maryland Department
of Environment (MDE). The revisions
update the SIP’s reference to the EPA
definition of volatile organic
compounds (VOC). EPA is approving
these revisions to the State of
Maryland’s SIP in accordance with the
requirements of the Clean Air Act.
DATES: This rule is effective on May 31,
2005 without further notice, unless EPA
receives adverse written comment by
April 29, 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–MD–0003 by one of the following
methods:
A. Federal eRulemaking Portal: http:/
/www.regulations.gov. Follow the online instructions for submitting
comments.
B. Agency Website: 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: frankford.harold@epa.gov.
D. Mail: R03–OAR–2005–MD–0003,
Harold A. Frankford, Office of Air
Programs, Mailcode 3AP20, 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
special arrangements should be made
for deliveries of boxed information.
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Instructions: Direct your comments to
RME ID No. R03–OAR–2005–MD–0003.
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 websites
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 email 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 Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford at (215) 814–2108,
or by e-mail at
frankford.harold@epa.gov.
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SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revisions
On December 1, 2003, the State of
Maryland submitted a formal revision
(No. 03–13) to its SIP. The SIP revision
consists of a revised reference to the
Federal definition of VOC at 40 CFR
51.100(s) which is found at COMAR
26.11.01.01B(53), Maryland’s definition
for ‘‘volatile organic compounds
(VOC)’’. These regulatory revisions
became effective on November 24, 2003.
II. Description of the SIP Revision
Maryland has amended COMAR
26.11.01.01B(53) to update the Federal
reference for incorporation of the EPA
definition of VOC found at 40 CFR
51.100(s) from the 2000 edition (the
currently SIP-approved version) to the
2002 edition of the Code of Federal
Regulations (CFR).
III. Final Action
EPA is approving revisions to
COMAR 26.11.01.01B(53) of the
Maryland SIP to update the references
to the EPA definition of VOC found at
40 CFR 51.100(s) in effect as of 12/31/
2002. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comment since the revisions are
administrative changes to the state
regulations. 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 29, 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.
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
E:\FR\FM\30MRR1.SGM
30MRR1
]]>Agencies
[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Rules and Regulations]
[Pages 16118-16122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6283]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0004; FRL-7891-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; NOX RACT Determinations for Ten 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 ten major sources of nitrogen
oxides (NOX). 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 29, 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-0004 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-0004, 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 special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. R03-OAR-2005-PA-
0004. 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,
[[Page 16119]]
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: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@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.
It must be noted that the Commonwealth has adopted and is
implementing additional ``post RACT requirements'' to reduce seasonal
NOX emissions in the form of a NOX cap and trade
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule
developed by the States in the OTR. That regulation was approved as SIP
revision on June 6, 2000 (65 FR 35842). Pennsylvania has also adopted
25 Pa Code Chapter 145 to satisfy Phase I of the NOX SIP
call. That regulation was approved as a SIP revision on August 21, 2001
(66 FR 43795). Federal approval of a source-specific RACT determination
for a major source of NOX in no way relieves that source
from any applicable requirements found in 25 PA Code Chapters 121, 123
and 145.
On August 30, 2004, PADEP submitted revisions to the Pennsylvania
SIP which establish and impose RACT for ten sources of NOX.
The Commonwealth's submittals consist of PAs and OPs which impose
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 memorandum 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 PAs
and OPs which are the subject of this rulemaking.
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan approval (PA ``Major
Source County ) operating Source type source''
permit (OP ) pollutant
----------------------------------------------------------------------------------------------------------------
The Pennsylvania State Centre............ OP-14-0006............ Boilers............. NOX
University--University Park.
Tennessee Gas Pipeline Tioga............. OP-59-0001............ Natural-Gas NOX
Company--Charleston Township. Turbines; Heaters;
Generator; Boiler.
Tennessee Gas Pipeline Bradford.......... OP-08-0002............ Natural-Gas NOX
Company--Wyalusing Township. Turbines; Heaters;
Generator; Boiler.
Masland Industries........... Cumberland........ 21-2001............... Boilers............. NOX
ESSROC Cement Corp........... Lawrence.......... OP-37-003............. Cement Kilns........ NOX
The Magee Carpet Company..... Columbia.......... OP-19-0001............ Boilers; Carpet NOX
Dryers; Generators;
Space Heaters.
Tennessee Gas Pipeline Forest............ OP-27-015............. Engines; Boilers; NOX
Company--Howe Township. Furnaces; Hot Water
Heater.
Tennessee Gas Pipeline Luzerne........... 40-0002, 40-0002A..... Engines; Turbine.... NOX
Corporation--Buck Township.
[[Page 16120]]
Transcontinental Gas Pipe York.............. 67-2012............... Engines............. NOX
Line Corporation--Peach
Bottom Township.
Standard Steel Division of Mifflin........... 44-2001............... Furnaces; Engines; NOX
Freedom Forge Corp. Heat Boilers.
----------------------------------------------------------------------------------------------------------------
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
recordkeeping, 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 NOX RACT for ten 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 29, 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 (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 ten 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 May 31, 2005.
[[Page 16121]]
Filing a petition for reconsideration by the Administrator of this
final rule approving source-specific RACT requirements for ten 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements.
Dated: March 23, 2005.
Donald S. Welsh,
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 Sec. 52.2020, the table in paragraph (d)(1) is amended by adding
the entries for The Pennsylvania State University-University Park,
Tennessee Gas Pipeline Company-Charleston Township, Tennessee Gas
Pipeline Company-Wyalusing Township, Masland Industries, ESSROC Cement
Corp., The Magee Carpet Company, Tennessee Gas Pipeline Company-Howe
Township, Tennessee Gas pipeline Corporation-Buck Township,
Transcontinental Gas Pipe Line Corporation-Peach Bottom Township, and
Standard Steel Division of Freedom Forge Corp. at the end of the table
to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen
(NOX)
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
The Pennsylvania State OP-14-0006 Centre............ 12/30/98 3/30/05 [Insert 52.2020(d)(1)(c)
University--University Park. page number where
the document
begins].
Tennessee Gas Pipeline Company-- OP-59-0001 Tioga............. 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Charleston Township. page number where
the document
begins].
Tennessee Gas Pipeline Company-- OP-08-0002 Bradford.......... 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Wyalusing Township. page number where
the document
begins].
Masland Industries.............. 21-2001 Cumberland........ 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
page number where
the document
begins].
ESSROC Cement Corp.............. OP-37-003 Lawrence.......... 7/27/95, 3/31/ 3/30/05 [Insert 52.2020(d)(1)(c)
99 page number where
the document
begins].
The Magee Carpet Company........ OP-19-0001 Columbia.......... 1/22/97 3/30/05 [Insert 52.2020(d)(1)(c)
page number where
the document
begins].
Tennessee Gas Pipeline Company-- OP-27-015 Forest............ 7/27/00 3/30/05 [Insert 52.2020(d)(1)(c)
Howe Township. page number where
the document
begins].
Tennessee Gas Pipeline 40-0002, 40-0002A Luzerne........... 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Corporation--Buck Township. page number where
the document
begins].
Transcontinental Gas Pipe Line 67-2012 York.............. 5/5/95 3/30/05 [Insert 52.2020(d)(1)(c)
Corporation--Peach Bottom page number where
Township. the document
begins].
Standard Steel Division of 44-2001 Mifflin........... 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Freedom Forge Corp. page number where
the document
begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 16122]]
* * * * *
[FR Doc. 05-6283 Filed 3-29-05; 8:45 am]
BILLING CODE 6560-50-P
