Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC RACT Determinations for Seven Individual Sources, 16420-16423 [05-6373]

Download as PDF 16420 * * Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Rules and Regulations * * * [FR Doc. 05–6372 Filed 3–30–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R03–OAR–2005–PA–0003; FRL–7893–4] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC RACT Determinations for Seven 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 seven 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). This rule is effective on May 31, 2005 without further notice, unless EPA receives adverse written comment by May 2, 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–0003 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–0003, Makeba Morris, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. DATES: VerDate jul<14>2003 16:09 Mar 30, 2005 Jkt 205001 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. Instructions: Direct your comments to RME ID No. R03–OAR–2005–PA–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 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, PO PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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. On August 30, 2004, PADEP submitted revisions to the Pennsylvania SIP which establish and impose RACT for sources of VOC. The Commonwealth’s submittals consist of PAs and OPs which impose VOC RACT requirements for each source. E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Rules and Regulations 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 16421 available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, PO 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 #) Operating Permit (OP #) Source County Hodge Foundry ............................................. Resolite, A United Dominion Co. .................. Mercer ....................... Butler ......................... OP–43–036 OP–10–266 Consolidation Coal Co.—Coal Preparation Plant. Greene ...................... 30–000–063 Urick Foundry ............................................... Erie ............................ OP–25–053 Keystone Sanitary Landfill, Inc ..................... Lackawanna .............. 35–0014 Grinnell Corporation ...................................... Buck Company Inc ....................................... Lancaster .................. Lancaster .................. 36–2019 36–2035 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 seven 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 May 2, 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 VerDate jul<14>2003 16:09 Mar 30, 2005 Jkt 205001 Source type Iron Foundry; binders, molds ....................... Fiberglass Reinforced Plastic Lamination; Resin Mixtures. Coal Preparation; Frothing Agent; mixture of diesel fuel and alcohol/aldehyde frothing agent; Antifreeze; Thickner. Iron Foundry; 52’’ Hot Blast Cupola w/afterburner control; Binders. Active LFG Collection System; Enclosed Ground Flare. Foundry; binders; solvents ........................... Foundry; binders; solvents ........................... 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 ‘‘Major source’’ pollutant VOC VOC VOC VOC VOC VOC VOC 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 E:\FR\FM\31MRR1.SGM 31MRR1 16422 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Rules and Regulations 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 seven named sources. 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. Filing a petition for reconsideration by the Administrator of this final rule approving source-specific RACT requirements for seven 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).) State effective date * * Hodge Foundry ...................... OP–43–036 * * Mercer ................................... 3/31/99 ...... Resolite, A United Dominion Co. OP–10–266 Butler ..................................... 10/15/99 .... 2/18/00 ...... Consolidation Coal Co.—Coal Preparation Plant. 30–000–063 Greene .................................. 5/17/99 ...... Urick Foundry ......................... OP–25–053 Erie ........................................ 10/24/96 .... Keystone Sanitary Landfill, Inc. 35–0014 Lackawanna .......................... 4/19/99 ...... Grinnell Corporation ............... 36–2019 Lancaster ............................... 6/30/95 ...... Buck Company Inc ................. 36–2035 Lancaster ............................... 8/1/95 ........ VerDate jul<14>2003 16:09 Mar 30, 2005 Permit No. Jkt 205001 PO 00000 Frm 00040 Fmt 4700 Dated: March 24, 2005. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: 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 Hodge Foundry, Resolite, A United Dominion Co., Consolidated Coal Co.Coal Preparation Plant, Urick Foundry, Keystone Sanitary Landfill, Inc., Grinnell Corporation, and Buck Company Inc. at the end of the table to read as follows: I § 52.2020 * Identification of plan. * * (d) * * * (1) * * * * EPA approval date * Sfmt 4700 Environmental protection, Air pollution control, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. PART 52—[AMENDED] C. Petitions for Judicial Review County Name of source List of Subjects in 40 CFR Part 52 * 3/31/05 [Insert page number where the document begins]. 3/31/05 [Insert page number where the document begins]. 3/31/05 [Insert page number where the document begins]. 3/31/05 [Insert page number where the document begins]. 3/31/05 [Insert page number where the document begins]. 3/31/05 [Insert page number where the document begins]. 3/31/05 [Insert page number where the document begins]. E:\FR\FM\31MRR1.SGM 31MRR1 * Additional explanation/ § 52.2063 citation * 52.2020(d)(1)(a) 52.2020(d)(1)(a) 52.2020(d)(1)(a) 52.2020(d)(1)(a) 52.2020(d)(1)(a) 52.2020(d)(1)(a) 52.2020(d)(1)(a) Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Rules and Regulations * * * * * [FR Doc. 05–6373 Filed 3–30–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R03–OAR–2005–PA–0007; FRL–7893–1] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOX RACT Determinations for Fifteen 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) fifteen major sources of volatile organic compounds and 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 May 2, 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–0007 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–0007, Makeba Morris, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. VerDate jul<14>2003 16:09 Mar 30, 2005 Jkt 205001 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. Instructions: Direct your comments to RME ID No. R03–OAR–2005–PA–0007. 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. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 16423 Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: LaKeshia Robertson, (215) 814–2113, or by e-mail at robertson.lakeshia@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 E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Rules and Regulations]
[Pages 16420-16423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6373]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-PA-0003; FRL-7893-4]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC RACT Determinations for Seven 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 seven 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 May 2, 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-0003 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-0003, 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-
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 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, PO 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.
On August 30, 2004, PADEP submitted revisions to the Pennsylvania
SIP which establish and impose RACT for sources of VOC. The
Commonwealth's submittals consist of PAs and OPs which impose VOC RACT
requirements for each source.

[[Page 16421]]

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, PO 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 Permit Source type source''
(OP ) pollutant
----------------------------------------------------------------------------------------------------------------
Hodge Foundry.................. Mercer............ OP-43-036 Iron Foundry; binders, VOC
molds.
Resolite, A United Dominion Co. Butler............ OP-10-266 Fiberglass Reinforced VOC
Plastic Lamination;
Resin Mixtures.
Consolidation Coal Co.--Coal Greene............ 30-000-063 Coal Preparation; VOC
Preparation Plant. Frothing Agent;
mixture of diesel
fuel and alcohol/
aldehyde frothing
agent; Antifreeze;
Thickner.
Urick Foundry.................. Erie.............. OP-25-053 Iron Foundry; 52'' Hot VOC
Blast Cupola w/
afterburner control;
Binders.
Keystone Sanitary Landfill, Inc Lackawanna........ 35-0014 Active LFG Collection VOC
System; Enclosed
Ground Flare.
Grinnell Corporation........... Lancaster......... 36-2019 Foundry; binders; VOC
solvents.
Buck Company Inc............... Lancaster......... 36-2035 Foundry; binders; VOC
solvents.
----------------------------------------------------------------------------------------------------------------

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 seven 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 May 2, 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

[[Page 16422]]

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 seven 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. Filing a
petition for reconsideration by the Administrator of this final rule
approving source-specific RACT requirements for seven 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 24, 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 Hodge Foundry, Resolite, A United Dominion Co.,
Consolidated Coal Co.-Coal Preparation Plant, Urick Foundry, Keystone
Sanitary Landfill, Inc., Grinnell Corporation, and Buck Company Inc. at
the end of the table to read as follows:

Sec. 52.2020 Identification of plan.

* * * * *
(d) * * *
(1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. County effective EPA approval date Additional explanation/
date Sec. 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Hodge Foundry...................... OP-43-036 Mercer................ 3/31/99 3/31/05 [Insert page 52.2020(d)(1)(a)
number where the
document begins].
Resolite, A United Dominion Co..... OP-10-266 Butler................ 10/15/99 3/31/05 [Insert page 52.2020(d)(1)(a)
2/18/00 number where the
document begins].
Consolidation Coal Co.--Coal 30-000-063 Greene................ 5/17/99 3/31/05 [Insert page 52.2020(d)(1)(a)
Preparation Plant. number where the
document begins].
Urick Foundry...................... OP-25-053 Erie.................. 10/24/96 3/31/05 [Insert page 52.2020(d)(1)(a)
number where the
document begins].
Keystone Sanitary Landfill, Inc.... 35-0014 Lackawanna............ 4/19/99 3/31/05 [Insert page 52.2020(d)(1)(a)
number where the
document begins].
Grinnell Corporation............... 36-2019 Lancaster............. 6/30/95 3/31/05 [Insert page 52.2020(d)(1)(a)
number where the
document begins].
Buck Company Inc................... 36-2035 Lancaster............. 8/1/95 3/31/05 [Insert page 52.2020(d)(1)(a)
number where the
document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 16423]]

* * * * *
[FR Doc. 05-6373 Filed 3-30-05; 8:45 am]
BILLING CODE 6560-50-P

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