Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX, 16955-16958 [05-6498]
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Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Rules and Regulations
Date of final
publication
Original amendment submission date
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May 21, 2004 .............................................................................
§ 950.16
[Amended]
3. Section 950.16 is amended by
removing and reserving paragraphs (a),
(w), and (ll).
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[FR Doc. 05–6602 Filed 4–1–05; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0002; FRL–7894–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT
Determinations for Three 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
three major sources of volatile organic
compounds (VOC) 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 June 3,
2005, without further notice, unless
EPA receives adverse written comment
by May 4, 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–0002 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
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description
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Coal Rules: Chapter 1, sections 2(l) and (ce); chapter 4, sections 2(b)(iv)(A), (b)(ix), (b)(ix)(A), (B), and (C); Chapter 10,
sections 1, 1(b)(iii), 2(b), (b)(i), (ii), (iii), (iv), (v), (vi), (vii),
(viii), (ix), (x), (xi), and (xii), 3(b), 4(e), 8, 8(a), 8(b), (b)(i),
(ii), (ii)(A), (ii)(B), (ii)(C), (iii), and (iv).
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–0002,
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–0002.
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
PO 00000
16955
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:
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:
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(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
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 three 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 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 #) operating permit
(OP #)
County
Waste Management Disposal Services of
Pennsylvania, Inc. (Pottstown Landfill).
Waste Management Disposal Services of
PA, Inc.
Armstrong World Industries, Inc ..............
Berks ......................
OP–46–0033
Turbines; Enclosed Flares ......................
NOX and VOC.
York ........................
67–02047
NOX and VOC.
Lancaster ................
36–2001
Internal Combustion Engines; Enclosed
Ground Flares.
Space Heaters; Dryers; Surface Coatings.
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 and NOX
RACT for three 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
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Source type
‘‘Major source’’
pollutant
Source
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on June
3, 2005, without further notice unless
EPA receives adverse comment by May
4, 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.
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NOX and VOC.
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
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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
Name of source
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.).
Filing a petition for reconsideration by
the Administrator of this final rule
approving source-specific RACT
requirements for three 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).)
B. Submission to Congress and the
Comptroller General
List of Subjects in 40 CFR Part 52
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 three 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 June 3, 2005.
Permit number
State effective
date
County
*
*
Waste Management Disposal Services of Pennsylvania, Inc. (Pottstown Landfill).
*
OP–46–0033
*
Berks ..................
3/20/99
*
*
Waste Management Disposal Services of PA, Inc.
*
67–02047
*
York ....................
36–2001
Lancaster ............
Dated: March 23, 2005.
Donald S. Welsh,
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
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In Section 52.2020, the table in
paragraph (d)(1) is amended by revising
the entry for Waste Management
Disposal Services of Pennsylvania, Inc.
(Pottstown Landfill) and by adding the
entries for Waste Management Disposal
Services of PA, Inc. and Armstrong
World Industries, Inc. at the end of the
table to read as follows:
I
§ 52.2020
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Identification of plan.
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(d) * * *
(1) * * *
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EPA approval
date
4/20/99
Armstrong World Industries, Inc ......
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
*
Additional explanation/
§ 52.2063 citation
*
4/4/05 [Insert
page number
where the document begins].
*
*
52.2020(d)(1)(a)
*
4/4/05 [Insert
page number
where the document begins].
7/3/99 4/4/05 [Insert
page number
where the document begins].
*
*
52.2020(d)(1)(a)
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[FR Doc. 05–6498 Filed 4–1–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[RME Docket Number; R03–OAR–2005–DC–
0001, R03–OAR–2005–MD–0001, R03–OAR–
2005–PA–0010; FRL–7894–4]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia, Maryland, Virginia and
Pennsylvania; Revised Carbon
Monoxide Maintenance Plans for
Washington Metropolitan, Baltimore
and Philadelphia Areas
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action approving State Implementation
Plan (SIP) revisions submitted by the
District of Columbia, the State of
Maryland, the Commonwealth of
Virginia, and the Commonwealth of
Pennsylvania that provide revised
carbon monoxide (CO) maintenance
plans and transportation conformity
budgets for the Washington
Metropolitan area, the Baltimore area,
and the Philadelphia area. These plans
provide for continued maintenance of
the National Ambient Air Quality
Standard (NAAQS) for CO. For the
Washington Metropolitan area, the
District of Columbia formally submitted
its maintenance plan revision on March
9, 2004; the Maryland Department of the
Environment formally submitted its
revision on March 3, 2004, and the
Commonwealth of Virginia submitted
its revision on March 22, 2004. The
Maryland Department of the
Environment formally submitted its
revision for the Baltimore area on July
15, 2004, previously having submitted a
parallel processing request of the same
name on December 18, 2003. The
Pennsylvania Department of
Environmental Protection formally
submitted its revision for the
Philadelphia area on September 3, 2004.
In this action, EPA is approving the
revised maintenance plans and revised
transportation conformity budgets for
each respective CO maintenance area.
This action is being taken under section
110 of the Clean Air Act (CAA).
DATES: This rule is effective on June 3,
2005 without further notice, unless EPA
receives adverse written comment by
May 4, 2005. If EPA receives such
comments, it will publish a timely
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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–DC–0001 for the Washington
Metropolitan area plan, R03–OAR–
2005–MD–0001 for the Baltimore area
plan, and/or R03–OAR–2005–PA–0010
for the Philadelphia area plan by one of
the following methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov.*COM028*
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–DC–0001,
R03–OAR–2005–MD–0001, and/or R03–
OAR–2005–PA–0010 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.
Instructions: Direct your comments to
RME ID No. R03–OAR–2005–DC–0001,
R03–OAR–2005–MD–0001, and/or R03–
OAR–2005–PA–0010. 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
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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 material to be incorporated by
reference are available at the Air and
Radiation Docket and Information
Center, U.S. Environmental Protection
Agency, 1301 Constitution Avenue, NW,
Room B108, Washington, DC 20460.
Copies of the respective State submittals
are available at: District of Columbia
Department of Public Health, Air
Quality Division, 51 N Street, NE.,
Washington, DC 20002; Maryland
Department of the Environment, 1800
Washington Boulevard, Suite 705,
Baltimore, Maryland 21230;
Pennsylvania Department of
Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105;
Virginia Department of Environmental
Quality, 629 East Main Street,
Richmond, Virginia 23219; Department
of Public Health, Air Management
Services, 321 University Avenue,
Philadelphia, Pennsylvania 19104.
FOR FURTHER INFORMATION CONTACT:
Catherine L. Magliocchetti, (215) 814–
2174, or by e-mail at
magliocchetti.catherine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This
supplementary information is organized
as follows.
Table of Contents
I. EPA Analysis of the Washington
Metropolitan Carbon Monoxide
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[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Rules and Regulations]
[Pages 16955-16958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6498]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0002; FRL-7894-5]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Three 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 three major sources of volatile
organic compounds (VOC) 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 June 3, 2005, without further notice,
unless EPA receives adverse written comment by May 4, 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-0002 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-0002, 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-
0002. 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: 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:
[[Page 16956]]
(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 three 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 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 )
Source County operating Source type ``Major source''
permit (OP pollutant
)
----------------------------------------------------------------------------------------------------------------
Waste Management Disposal Berks............. OP-46-0033 Turbines; Enclosed NOX and VOC.
Services of Pennsylvania, Inc. Flares.
(Pottstown Landfill).
Waste Management Disposal York.............. 67-02047 Internal NOX and VOC.
Services of PA, Inc. Combustion
Engines; Enclosed
Ground Flares.
Armstrong World Industries, Inc Lancaster......... 36-2001 Space Heaters; NOX and VOC.
Dryers; Surface
Coatings.
----------------------------------------------------------------------------------------------------------------
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 and NOX RACT for three
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 June 3,
2005, without further notice unless EPA receives adverse comment by May
4, 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
[[Page 16957]]
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 three 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 June 3, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
approving source-specific RACT requirements for three 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, Volatile organic
compounds.
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 Section 52.2020, the table in paragraph (d)(1) is amended by
revising the entry for Waste Management Disposal Services of
Pennsylvania, Inc. (Pottstown Landfill) and by adding the entries for
Waste Management Disposal Services of PA, Inc. and Armstrong World
Industries, Inc. 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 number County effective date EPA approval date 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Waste Management Disposal Services of OP-46-0033 Berks................... 3/20/99 4/4/05 [Insert page 52.2020(d)(1)(a)
Pennsylvania, Inc. (Pottstown number where the
Landfill). document begins].
* * * * * * *
Waste Management Disposal Services of 67-02047 York.................... 4/20/99 4/4/05 [Insert page 52.2020(d)(1)(a)
PA, Inc. number where the
document begins].
Armstrong World Industries, Inc....... 36-2001 Lancaster............... 7/3/99 4/4/05 [Insert page 52.2020(d)(1)(a)
number where the
document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 16958]]
* * * * *
[FR Doc. 05-6498 Filed 4-1-05; 8:45 am]
BILLING CODE 6560-50-P