Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOX, 22257-22259 [05-8609]
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
entering, anchoring, mooring, or
transiting in these zones is prohibited
unless authorized by the Coast Guard
Captain of the Port San Juan or their
designated representative.
(2) Persons desiring to transit through
a security zone may contact the Captain
of the Port San Juan who can be reached
on VHF Marine Band Radio, Channel 16
(156.8 Mhz) or by calling (787) 289–
2041, 24-hours-a-day, 7-days-a-week. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port or
designated representative.
(3) Sector San Juan will attempt to
notify the maritime community of
periods during which these security
zones will be in effect by providing
advance notice of scheduled arrivals
and departures of cruise ships via a
broadcast notice to mariners.
(c) Definition. As used in this section,
cruise ship means a passenger vessel
greater than 100 feet in length that is
authorized to carry more than 150
passengers for hire, except for a ferry.
(d) Authority. In addition to 33 U.S.C.
1231 and 50 U.S.C. 191, the authority
for this section includes 33 U.S.C. 1226.
§ 165.T07–05–005
I
[Removed]
3. Remove § 165.T07–05–005.
Dated: April 6, 2005.
D.P. Rudolph,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 05–8539 Filed 4–28–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0012; FRL–7905–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; NOX RACT
Determination for the Naval Surface
Warfare Center, Caderock Division
Ship Systems Engineering Station
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
the Naval Surface Warfare Center,
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15:41 Apr 28, 2005
Jkt 205001
Caderock Division Ship Systems
Engineering Station (NSWCCD–SSES), a
major source of nitrogen oxides (NOX).
This source is located in Pennsylvania.
The EPA is approving this revision to
establish RACT requirements in the SIP
in accordance with the Clean Air Act
(CAA).
This rule is effective on June 28,
2005 without further notice, unless EPA
receives adverse written comment by
May 31, 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–0012 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: campbell.dave@epa.gov.
D. Mail: R03–OAR–2005–PA–0012,
Dave Campbell, 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–PA–0012.
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
DATES:
PO 00000
Frm 00013
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22257
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 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
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
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 January 27, 2005, PADEP
submitted revisions to the Pennsylvania
SIP which establish and impose RACT
for NSWCCD–SSES, a source 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
plan approvals (PAs) and operating
permits (OPs) which are the subject of
this rulemaking.
PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Source
County
Plan approval (PA No.)
operating permit
(OP No.)
Source type
Naval Surface Warfare Center,
Caderock Division Ship Systems
Engineering Station.
Philadelphia .................
PA–04108 ....................
Oil/Natural Gas 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
record-keeping, monitoring, and testing
requirements on these sources sufficient
to determine compliance with the
applicable RACT determinations.
adverse comment by May 31, 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.
III. Final Action
EPA is approving the revisions to the
Pennsylvania SIP submitted by PADEP
to establish and require NOX RACT for
NSWCCD–SSES. 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 28, 2005 without
further notice unless EPA receives
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
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‘‘Major
source’’
pollutant
NOX.
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
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
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 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.).
Name of source
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2004–WI–0001; FRL–7901–2]
Approval and Promulgation of
Implementation Plan; Wisconsin
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
15:41 Apr 28, 2005
Jkt 205001
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: April 20, 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
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 28, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule
approving source-specific RACT
requirements for NSWCCD-SSES in the
Commonwealth of Pennsylvania does
not affect the finality of this rule for the
County
State effective
date
*
*
*
PA–04108 ............ Philadelphia .........
[FR Doc. 05–8609 Filed 4–28–05; 8:45 am]
VerDate jul<14>2003
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 NSWCCDSSES.
Permit No.
*
Naval Surface Warfare
Center, Caderock Division Ship Systems Engineering Station.
*
B. Submission to Congress and the
Comptroller General
22259
10/18/04
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§ 52.2020
*
Identification of plan.
*
*
(d) * * *
(1) * * *
EPA approval date
*
*
4/29/05, [Insert page number where the document
begins].
SUMMARY: On August 29, 2003, EPA
published a final rule approving the
emission averaging program for existing
sources subject to the state’s rule
limiting oxides of nitrogen (NOX)
emissions in southeast Wisconsin. On
November 10, 2004 (69 FR 65069), EPA
published a direct final rule approving
a revision to the state rule that modifies
language to clarify which sources are
eligible to participate in the NOX
emission averaging program. In
addition, the revision creates a separate
categorical emission limit for new
combustion turbines burning
biologically derived gaseous fuels. On
November 10, 2004 (69 FR 65117), EPA
PO 00000
2. In § 52.2020, the table in paragraph
(d)(1) is amended by adding the entry for
Naval Surface Warfare Center, Caderock
Division Ship Systems Engineering
Station at the end of the table to read as
follows:
I
*
*
Additional explanation/
§ 52.2063 citation
*
52.2020(d)(1)(j).
also published a proposed rule on this
revision. The direct final rule stated that
if EPA received an adverse comment,
EPA would withdraw the direct final
rule and address all public comments
received in a subsequent final rule
based on the proposed rule. EPA
received an adverse comment and
withdrew the direct final rule on
January 10, 2005 (70 FR 1663). This rule
responds to the comment received and
announces EPA’s final action.
DATES: This final rule is effective on
May 31, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) Docket ID
E:\FR\FM\29APR1.SGM
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Agencies
[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22257-22259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8609]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0012; FRL-7905-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; NOX RACT Determination for the Naval Surface
Warfare Center, Caderock Division Ship Systems Engineering Station
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 the Naval Surface Warfare
Center, Caderock Division Ship Systems Engineering Station (NSWCCD-
SSES), a major source of nitrogen oxides (NOX). This source
is located in Pennsylvania. The EPA is approving this revision to
establish RACT requirements in the SIP in accordance with the Clean Air
Act (CAA).
DATES: This rule is effective on June 28, 2005 without further notice,
unless EPA receives adverse written comment by May 31, 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-0012 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: campbell.dave@epa.gov.
D. Mail: R03-OAR-2005-PA-0012, Dave Campbell, 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-
0012. 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:
(1) All sources covered by a Control Technique Guideline (CTG)
document
[[Page 22258]]
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 January 27, 2005, PADEP submitted revisions to the Pennsylvania
SIP which establish and impose RACT for NSWCCD-SSES, a source 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 plan
approvals (PAs) and operating permits (OPs) which are the subject of
this rulemaking.
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan approval (PA
Source County No.) operating Source type ``Major source''
permit (OP No.) pollutant
----------------------------------------------------------------------------------------------------------------
Naval Surface Warfare Center, Philadelphia..... PA-04108......... Oil/Natural Gas NOX.
Caderock Division Ship Systems Boilers.
Engineering Station.
----------------------------------------------------------------------------------------------------------------
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 NOX RACT for NSWCCD-SSES. 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 28, 2005 without further notice
unless EPA receives adverse comment by May 31, 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 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
[[Page 22259]]
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
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 NSWCCD-SSES.
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 28, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
approving source-specific RACT requirements for NSWCCD-SSES 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: April 20, 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 entry for Naval Surface Warfare Center, Caderock Division Ship
Systems Engineering Station at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
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State Additional explanation/Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
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* * * * * * *
Naval Surface Warfare Center, PA-04108............ Philadelphia........ 10/18/04 4/29/05, [Insert 52.2020(d)(1)(j).
Caderock Division Ship Systems page number where
Engineering Station. the document
begins].
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* * * * *
[FR Doc. 05-8609 Filed 4-28-05; 8:45 am]
BILLING CODE 6560-50-P