Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX, 65842-65845 [05-21750]
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65842
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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 January 3, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule 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, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2220(e) is amended by
adding a new entry at the end of the
table for ‘‘Nashville 1-Hour Ozone
Second 10-Year Maintenance Plan’’ to
read as follows:
I
Dated: October 17, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
I
PART 52—[AMENDED]
§ 52.2220
Identification of plan.
(e) * * *
40 CFR part 52 is amended as follows:
EPA APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or nonattainment area
State effective date
EPA approval date
*
*
Nashville 1-Hour Ozone Second 10-Year
Maintenance Plan.
*
Nashville ..................
*
August 10, 2005 ......
*
*
November 1, 2005 [Insert
first page of publication].
[FR Doc. 05–21528 Filed 10–31–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0013; FRL–7992–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT
Determinations for Seven Individual
Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Commonwealth
of Pennsylvania 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) and
nitrogen oxides (NOX) pursuant to the
Commonwealth of Pennsylvania’s
(Pennsylvania’s or the
VerDate Aug<31>2005
15:13 Oct 31, 2005
Jkt 208001
Commonwealth’s) SIP-approved generic
RACT regulations. EPA is approving
these revisions in accordance with the
Clean Air Act (CAA).
DATES: This rule is effective on
December 1, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) ID Number
R03–OAR–2005–PA–0013. All
documents in the docket are listed in
the RME index at https://docket.epa.gov/
rmepub/. Once in the system, select
‘‘quick search,’’ then key in the
appropriate RME identification number.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (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 for public inspection
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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Explanation
*
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
On June 10, 2005 (70 FR 33850) and
June 16, 2005 (70 FR 35162), EPA
published a notice of proposed
rulemaking (NPR) and a correction for
the Commonwealth of Pennsylvania.
The NPR proposed approval of formal
SIP revisions submitted by
Pennsylvania on January 27, 2005. The
correction addresses the location of the
NPR publication in the Federal
Register. These SIP revisions consist of
source-specific operating permits and/or
plan approvals issued by PADEP to
establish and require RACT pursuant to
the Commonwealth’s SIP-approved
generic RACT regulations. The
following table identifies the sources
and the individual plan approvals (PAs)
and operating permits (OPs) which are
the subject of this rulemaking.
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Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
65843
PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
Plan approval
(PA #) operating permit
(OP #)
Source’s Name
County
Molded Fiber Glass, Union City ......................
SKF, USA, Incorporated .................................
Erie Forge and Steel Incorporated .................
OSRAM SYLVANIA Products, Inc. .................
Erie ..............
York .............
Erie ..............
Tioga ...........
OP 25–035
67–02010A
OP 25–924
OP–59–0007
Owens-Brockway Glass Container .................
Texas Eastern Transmission Corporation ......
Johnstown America Corporation .....................
Jefferson .....
Indiana ........
Cambria ......
OP–33–002
32–000–230
11–000–288
An explanation of the CAA’s RACT
requirements as they apply to the
Commonwealth and EPA’s rationale for
approving these SIP revisions were
provided in the NPR and will not be
restated here.
Timely adverse comments were
submitted on EPA’s June 10, 2005 NPR.
A summary of those comments and
EPA’s responses are provided in Section
II of this document.
II. Summary of Public Comments and
EPA Responses
Comment: On June 19, 2005, a citizen
submitted adverse comments on EPA’s
DFR notice approving PADEP’s VOC
and NOX RACT determinations for
seven individual sources. The
commenter states their opposition and
objection to the rulemaking, based on
the belief that too much pollution is
allowed to blow east toward New Jersey
from Pennsylvania. The commenter also
states that the amount of pollution
needs to be reduced.
Response: The rulemaking at issue is
limited in scope and addresses the CAA
section 182(b)(1) RACT requirements for
sources located in the ozone
nonattainment area classified as
moderate or above. The commenter did
not comment specifically on the RACT
determinations for the seven individual
sources and did not submit any
supporting technical data or information
to support that the standards for the
seven individual sources do not
represent RACT. Rather, the commenter
makes broad statements alleging: (1) that
the regulations should be more stringent
in Pennsylvania than those required
under the Act, and (2) that the amount
of pollution needs to be reduced. These
comments are not ‘‘significant
comments’’ that to which EPA needs to
respond. Whitman v. American
Trucking Ass’n., 531 U.S. 457, n.2 at 471
(2001) (Under the CAA, EPA need only
respond to significant comments, i.e.,
comments relevant to EPA’s decision).
Mere ‘‘assertions that in the opinions of
VerDate Aug<31>2005
15:13 Oct 31, 2005
Jkt 208001
Source type
Spray Booths; Molding Machines ...........................
Dip Tank; Spray Tanks ...........................................
Furnaces; Boilers; Preheaters ................................
Gas Furnace; Dryers; Boilers; Hot Water Heaters;
Forehearths.
Refiners; Boilers; Furnaces; Forehearths ...............
Turbines; Generators ..............................................
Solvent Cleaning; Natural Gas Combustion
Sources.
the commenter the Agency got it
wrong,’’ are not relevant comments
warranting a response. International
Fabricare Inst. v. EPA, 972 F.2d 384,
391 (D.C. Cir. 1992). As to the first
comment, that the rules in Pennsylvania
should be more stringent than required
under the Act, EPA has no authority to
mandate that a State regulate more
stringently than required. Under the
CAA’s bifurcated scheme, the State is
responsible for choosing how a source
must be regulated for purposes of
attaining the National Ambient Air
Quality Standards (NAAQS) and EPA’s
role is limited in reviewing the State’s
choice to ensure it meets the minimum
statutory requirements. Here, as is clear
from the commenter’s two points, the
commenter is not claiming that the
regulations do not meet the statutory
minimum, but rather that the statute
does not require enough. EPA has no
authority to modify the statute, as
requested by the commenter nor does
EPA have authority to require the State
to regulate more stringently than
required by the statute. The CAA is
based upon ‘‘cooperative federalism,’’
which contemplates that each State will
develop its own SIP, and that States
retain a large degree of flexibility in
choosing which sources to control and
to what degree. EPA must approve a
State’s plan if it meets the ‘‘minimum
requirements of the CAA. Union Elec.
Co. v. EPA, 427 U.S. 246, 264–266
(1976).
III. Final Action
EPA is approving the revisions to the
Pennsylvania SIP submitted by PADEP
on January 27, 2005 to establish and
require VOC and NOX RACT for seven
sources pursuant to the
Commonwealth’s SIP-approved generic
RACT regulations.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
‘‘Major
Source’’
pollutant
VOC.
VOC.
NOX.
NOX.
NOX.
NOX.
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
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,
E:\FR\FM\01NOR1.SGM
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65844
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
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
(CAA). 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 CAA. 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 CAA. 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.
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 January 3, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule 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 approving source-specific
RACT requirements for seven sources in
the Commonwealth of Pennsylvania
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: October 24, 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 § 52.2020, the table in paragraph
(d)(1) is amended by adding the entries
for Molded Fiber Glass, Union City;
SKF, USA, Incorporated; Erie Forge and
Steel Incorporated; OSRAM SYLVANIA
Products, Inc.; Owens-Brockway Glass
Container; Texas Eastern Transmission
Corporation; and Johnstown America
Corporation at the end of the table to
read as follows:
I
§ 52.2020
*
Identification of plan.
*
*
(d) * * *
(1) * * *
*
State effective
date
EPA approval date
*
Erie ..............
*
7/30/99
67–02010A
York .............
7/19/00
Erie Forge and Steel, Inc. .................................
OP–25–924
Erie ..............
2/10/00
OSRAM SYLVANIA Products, Inc. ...................
OP–59–0007
Tioga ...........
1/22/98
Owens-Brockway Glass Container ...................
OP–33–002
Jefferson .....
11/23/98
Texas Eastern Transmission Corporation .........
32–000–230
Indiana ........
9/25/95
Johnstown America Corporation .......................
11–000–288
Cambria ......
1/13/99
*
11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
11/1/05 [Insert page
number where the
document begins].
Name of source
Permit No.
County
*
*
Molded Fiber Glass, Union City ........................
*
OP–25–035
SKF, USA, Incorporated ....................................
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E:\FR\FM\01NOR1.SGM
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*
Additional explanation/§ 52.2063
citation
*
52.2020(d)(1)(k).
52.2020(d)(1)(k).
52.2020(d)(1)(k).
52.2020(d)(1)(k).
52.2020(d)(1)(k).
52.2020(d)(1)(k).
52.2020(d)(1)(k).
65845
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
*
*
*
*
*
[FR Doc. 05–21750 Filed 10–31–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0006; FRL–7992–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC RACT
Determinations for Three Individual
Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Commonwealth
of Pennsylvania 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)
pursuant to the Commonwealth of
Pennsylvania’s SIP-approved generic
RACT regulations. EPA is approving
these revisions in accordance with the
Clean Air Act (CAA).
DATES: This rule is effective on
December 1, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) ID Number
R03–OAR–2005–PA–0006. All
documents in the docket are listed in
the RME index at https://docket.epa.gov/
rmepub/. Once in the system, select
‘‘quick search,’’ then key in the
appropriate RME identification number.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (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 for public inspection
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:
LaKeshia N. Robertson (215) 814–2113,
or by e-mail at
robertson.lakeshia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 1, 2005 (70 FR 16717), EPA
published a direct final rule (DFR) for
the Commonwealth of Pennsylvania.
The DFR proposed approval of formal
SIP revisions submitted by
Pennsylvania on August 30, 2004. These
SIP revisions consist of source-specific
operating permits and/or plan approvals
issued by PADEP to establish and
require RACT pursuant to the
Commonwealth’s SIP-approved generic
RACT regulations. The following table
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’s name
County
Plan approval
(PA #) operating permit
(OP)
Salem Tube, Inc ................
Mercer ..............................
OP 43–142 ...
SGL Carbon Corporation ..
Elk .....................................
OP 24–131 ...
Dominion Trans, Inc ..........
Clinton ..............................
18–00006 .....
An explanation of the CAA’s RACT
requirements as they apply to the
Commonwealth and EPA’s rationale for
approving these SIP revisions were
provided in the NPR and will not be
restated here. In accordance with direct
final rulemaking procedures, on April 1,
2005 (70 FR 16784), EPA also published
a companion notice of proposed
rulemaking on these SIP revisions
inviting interested parties to comment
on the DFR. Timely adverse comments
were submitted on EPA’s April 1, 2005
DFR.
On May 26, 2005 (70 FR 30377), due
to receipt of the adverse comments on
its approval of the PADEP’s RACT
determination for the three individual
sources, EPA published a withdrawal of
the DFR. A summary of these comments
VerDate Aug<31>2005
15:13 Oct 31, 2005
Jkt 208001
Source type
Five Reheat Furnaces and Trichloroethylene Dipping
Tank.
Flame Grids, Furnaces, and Special Impregnation
(resin).
Four Salt Heaters, Natural Gas Boiler, Two Hot
Water Heaters, Two Space Heaters, and Three
Superior Boilers.
and EPA’s responses are provided in
Section II of the document.
II. Summary of Public Comments and
EPA Responses
Comment: On April 4, 2005, a citizen
submitted adverse comments on EPA’s
approval of the DEP’s VOC RACT
determinations for three individual
sources. The commenter states that the
standards should be stringent enough to
prevent the possibility of polluting
eastward states and to protect human
health and welfare.
Response: The rulemaking at issue is
limited in scope and addresses the CAA
section 182 (b) (1) RACT requirements
for sources located in the ozone
nonattainment areas. The commenter
did not comment specifically on the
RACT determinations for three
individual sources and did not submit
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
‘‘Major
Source’’ pollutant
VOC.
VOC.
VOC.
any supporting technical data or
information to support that the
standards for three sources do not
represent RACT. Rather, the commenter
makes broad statements alleging that the
regulations should be more stringent
than those required under the Act in
order to ensure adequate protection. The
comment is not a ‘‘significant comment’’
to which EPA needs to respond.
Whitman v. American Trucking Ass’n.,
31 U.S. 457, n.2 at 471 (2001) (Under
the CAA, EPA need only respond to
significant comments, i.e., comments
relevant to EPA’s decision). Mere
‘‘assertions that in the opinions of the
commenter the Agency got it wrong,’’
are not relevant comments warranting a
response. International Fabricare Inst. v.
EPA, 972 F.2d 384, 391 (D.C. Cir. 1992).
In terms of the comment, that the rules
E:\FR\FM\01NOR1.SGM
01NOR1
]]>Agencies
[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Rules and Regulations]
[Pages 65842-65845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21750]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0013; FRL-7992-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Seven
Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve revisions to the
Commonwealth of Pennsylvania 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) and nitrogen oxides (NOX) pursuant
to the Commonwealth of Pennsylvania's (Pennsylvania's or the
Commonwealth's) SIP-approved generic RACT regulations. EPA is approving
these revisions in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on December 1, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) ID Number R03-OAR-2005-PA-0013. All documents
in the docket are listed in the RME index at https://docket.epa.gov/
rmepub/. Once in the system, select ``quick search,'' then key in the
appropriate RME identification number. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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
for public inspection 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
On June 10, 2005 (70 FR 33850) and June 16, 2005 (70 FR 35162), EPA
published a notice of proposed rulemaking (NPR) and a correction for
the Commonwealth of Pennsylvania. The NPR proposed approval of formal
SIP revisions submitted by Pennsylvania on January 27, 2005. The
correction addresses the location of the NPR publication in the Federal
Register. These SIP revisions consist of source-specific operating
permits and/or plan approvals issued by PADEP to establish and require
RACT pursuant to the Commonwealth's SIP-approved generic RACT
regulations. The following table identifies the sources and the
individual plan approvals (PAs) and operating permits (OPs) which are
the subject of this rulemaking.
[[Page 65843]]
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan approval (PA
) operating ``Major
Source's Name County permit (OP ) pollutant
----------------------------------------------------------------------------------------------------------------
Molded Fiber Glass, Union City Erie.............. OP 25-035 Spray Booths; Molding VOC.
Machines.
SKF, USA, Incorporated........ York.............. 67-02010A Dip Tank; Spray Tanks. VOC.
Erie Forge and Steel Erie.............. OP 25-924 Furnaces; Boilers; NOX.
Incorporated. Preheaters.
OSRAM SYLVANIA Products, Inc.. Tioga............. OP-59-0007 Gas Furnace; Dryers; NOX.
Boilers; Hot Water
Heaters; Forehearths.
Owens-Brockway Glass Container Jefferson......... OP-33-002 Refiners; Boilers; NOX.
Furnaces; Forehearths.
Texas Eastern Transmission Indiana........... 32-000-230 Turbines; Generators.. NOX.
Corporation.
Johnstown America Corporation. Cambria........... 11-000-288 Solvent Cleaning; VOC.
Natural Gas
Combustion Sources.
----------------------------------------------------------------------------------------------------------------
An explanation of the CAA's RACT requirements as they apply to the
Commonwealth and EPA's rationale for approving these SIP revisions were
provided in the NPR and will not be restated here.
Timely adverse comments were submitted on EPA's June 10, 2005 NPR.
A summary of those comments and EPA's responses are provided in Section
II of this document.
II. Summary of Public Comments and EPA Responses
Comment: On June 19, 2005, a citizen submitted adverse comments on
EPA's DFR notice approving PADEP's VOC and NOX RACT
determinations for seven individual sources. The commenter states their
opposition and objection to the rulemaking, based on the belief that
too much pollution is allowed to blow east toward New Jersey from
Pennsylvania. The commenter also states that the amount of pollution
needs to be reduced.
Response: The rulemaking at issue is limited in scope and addresses
the CAA section 182(b)(1) RACT requirements for sources located in the
ozone nonattainment area classified as moderate or above. The commenter
did not comment specifically on the RACT determinations for the seven
individual sources and did not submit any supporting technical data or
information to support that the standards for the seven individual
sources do not represent RACT. Rather, the commenter makes broad
statements alleging: (1) that the regulations should be more stringent
in Pennsylvania than those required under the Act, and (2) that the
amount of pollution needs to be reduced. These comments are not
``significant comments'' that to which EPA needs to respond. Whitman v.
American Trucking Ass'n., 531 U.S. 457, n.2 at 471 (2001) (Under the
CAA, EPA need only respond to significant comments, i.e., comments
relevant to EPA's decision). Mere ``assertions that in the opinions of
the commenter the Agency got it wrong,'' are not relevant comments
warranting a response. International Fabricare Inst. v. EPA, 972 F.2d
384, 391 (D.C. Cir. 1992). As to the first comment, that the rules in
Pennsylvania should be more stringent than required under the Act, EPA
has no authority to mandate that a State regulate more stringently than
required. Under the CAA's bifurcated scheme, the State is responsible
for choosing how a source must be regulated for purposes of attaining
the National Ambient Air Quality Standards (NAAQS) and EPA's role is
limited in reviewing the State's choice to ensure it meets the minimum
statutory requirements. Here, as is clear from the commenter's two
points, the commenter is not claiming that the regulations do not meet
the statutory minimum, but rather that the statute does not require
enough. EPA has no authority to modify the statute, as requested by the
commenter nor does EPA have authority to require the State to regulate
more stringently than required by the statute. The CAA is based upon
``cooperative federalism,'' which contemplates that each State will
develop its own SIP, and that States retain a large degree of
flexibility in choosing which sources to control and to what degree.
EPA must approve a State's plan if it meets the ``minimum requirements
of the CAA. Union Elec. Co. v. EPA, 427 U.S. 246, 264-266 (1976).
III. Final Action
EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP on January 27, 2005 to establish and require VOC and
NOX RACT for seven sources pursuant to the Commonwealth's
SIP-approved generic RACT regulations.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255,
[[Page 65844]]
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 (CAA).
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 CAA. 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 CAA. 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 January 3, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
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 approving source-specific RACT requirements for seven
sources in the Commonwealth of Pennsylvania 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: October 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 Molded Fiber Glass, Union City; SKF, USA, Incorporated;
Erie Forge and Steel Incorporated; OSRAM SYLVANIA Products, Inc.;
Owens-Brockway Glass Container; Texas Eastern Transmission Corporation;
and Johnstown America Corporation at the end of the table to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Molded Fiber Glass, Union City.... OP-25-035 Erie.................. 7/30/99 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
SKF, USA, Incorporated............ 67-02010A York.................. 7/19/00 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
Erie Forge and Steel, Inc......... OP-25-924 Erie.................. 2/10/00 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
OSRAM SYLVANIA Products, Inc...... OP-59-0007 Tioga................. 1/22/98 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
Owens-Brockway Glass Container.... OP-33-002 Jefferson............. 11/23/98 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
Texas Eastern Transmission 32-000-230 Indiana............... 9/25/95 11/1/05 [Insert page 52.2020(d)(1)(k).
Corporation. number where the
document begins].
Johnstown America Corporation..... 11-000-288 Cambria............... 1/13/99 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
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[[Page 65845]]
* * * * *
[FR Doc. 05-21750 Filed 10-31-05; 8:45 am]
BILLING CODE 6560-50-P
