Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOX, 24834-24836 [E6-6364]

Download as PDF 24834 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules Authority: 42 U.S.C. 7401 et seq. Dated: April 19, 2006. William Early, Acting Regional Administrator, Region III. [FR Doc. E6–6366 Filed 4–26–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2006–0296; FRL–8162–6] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOX and VOC RACT Determinations for Eight Individual Sources Environmental Protection Agency (EPA). ACTION: Proposed rule. rmajette on PROD1PC67 with PROPOSALS1 AGENCY: SUMMARY: EPA proposes to approve revisions to the 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 sources of volatile organic compounds (VOC) and one source of nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania’s (Pennsylvania or the Commonwealth) SIP-approved generic RACT regulations. EPA is proposing to approve these revisions in accordance with the Clean Air Act (CAA). DATES: Written comments must be received on or before May 30, 2006. ADDRESSES: Submit your comments, identified by Regional Material in EDocket (RME) ID Number EPA–R03– OAR–2006–0296 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: morris.makeba@epa.gov. C. Mail: EPA–R03–OAR–2006–0296, Makeba Morris, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. 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. EPA–R03–OAR–2006–0296. EPA’s policy is that all comments received will be included in the public VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 docket without change, and may be made available online at https:// www.regulations.gov, 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 https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is 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 https:// www.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 https://www.regulations.gov index. 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 https:// www.regulations.gov 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: LaKeshia N. Robertson, (215) 814–2113, or by e-mail at robertson.lakeshia@epa.gov. SUPPLEMENTARY INFORMATION: On March 27, 1995, August 1, 1995, January 10, 1996, March 21, 1996, October 18, 1996, PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 June 22, 1999, and July 28, 1999, PADEP submitted revisions to the Pennsylvania SIP. These SIP revisions consist of source-specific operating permits and/or plan approvals issued by PADEP to establish and require RACT for eight sources pursuant to Pennsylvania’s SIPapproved generic RACT regulations. I. Background Pursuant to sections 182(b)(2) and 182(f) of CAA, Pennsylvania is required to establish and implement RACT for all major VOC and NOX sources. The major source size is determined by its location, the classification of that area and whether it is located in the ozone transport region (OTR). Under section 184 of the CAA, RACT as specified in sections 182(b)(2) and 182(f) applies throughout the OTR. The entire Commonwealth is located within the OTR. Therefore, RACT is applicable statewide in Pennsylvania. State implementation plan revisions imposing RACT for three classes of VOC sources are required under section 182(b)(2). The categories are: (1) All sources covered by a Control Technique Guideline (CTG) document issued between November 15, 1990 and the date of attainment; (2) All sources covered by a CTG issued prior to November 15, 1990; and (3) All major non-CTG sources. The Pennsylvania SIP already has approved RACT regulations and requirements for all sources and source categories covered by the CTGs. The Pennsylvania SIP also has approved regulations to require major sources of NOX and additional major sources of VOC emissions (not covered by a CTG) to implement RACT. These regulations are commonly termed the ‘‘generic RACT regulations’’. A generic RACT regulation is one that does not, itself, specifically define RACT for a source or source categories but instead establishes procedures for imposing case-by-case RACT determinations. The Commonwealth’s SIP-approved generic RACT regulations consist of the procedures PADEP uses to establish and impose RACT for subject sources of VOC and NOX. Pursuant to the SIPapproved generic RACT rules, PADEP imposes RACT on each subject source in an enforceable document, usually a Plan Approval (PA) or Operating Permit (OP). The Commonwealth then submits these PAs and OPs to EPA for approval as source-specific SIP revisions. EPA reviews these SIP revisions to ensure that the Pennsylvania DEP has determined and imposed RACT in accordance with the provisions of the SIP-approved generic RACT rules. E:\FR\FM\27APP1.SGM 27APP1 24835 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules 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. II. Summary of the SIP Revisions 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 Plan Approval (PA #) Operating Permit (OP #) County Carlisle Tire & Rubber Company ........ The Carbide/Graphite Group, Inc ........ Cumberland ................... Elk .................................. 21–2003 OP 24–012 Celotex Corporation ............................. American Railcar Industries, Inc. Shippers Car Line Division. ACF ...................................................... New Holland North America, Inc ......... Allsteel, Inc .......................................... Ball-Foster Glass Container Co ........... rmajette on PROD1PC67 with PROPOSALS1 Source’s name Northumberland ............. Northumberland ............. OP–49–0013 OP–49–0012 Northumberland ............. Lancaster ....................... Luzerne .......................... McKean .......................... OP–49–0009 36–2028 40–001–5 OP 42–028 Interested parties are advised that copies of Pennsylvania’s SIP submittals for these sources, including the actual PAs and OPs imposing RACT, PADEP’s evaluation memoranda and the sources’ RACT proposals (referenced in PADEP’s evaluation memoranda) are included and may be viewed in their entirety in both the electronic and hard copy versions of the docket for this final rule. As previously stated, all documents in the electronic docket are listed in the https://www.regulations.gov index. Publicly available docket materials are available either electronically in https:// www.regulations.gov 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. 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. In accordance with its SIP-approved generic RACT rule, the Commonwealth has also imposed record-keeping, monitoring, and testing requirements on these sources sufficient to determine compliance with the applicable RACT determinations. VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 Source type Specialty Tire Manufacturing ............. Graphite Electrode and Graphite Specialities Manufacturing Facility. Fiberboard Manufacturing Facility ..... Railcar Cleaning and Refurbishment Operation. Railcar Manufacturing Operation ....... Surface Coating Operation ................ Metal Furniture Coatings ................... Glass Melting Furnaces ..................... III. Proposed Action EPA is approving the revisions to the Pennsylvania SIP submitted by PADEP on March 27, 1995, August 1, 1995, January 10, 1996, March 21, 1996, October 18, 1996, June 22, 1999, and July 28, 1999, to establish and require VOC and NOX RACT for eight individual sources pursuant to the Commonwealth’s SIP-approved generic RACT regulations. EPA is soliciting public comments on this proposed rule to approve these source-specific RACT determinations established and imposed by PADEP in accordance with the criteria set forth in its SIP-approved generic RACT regulations applicable to these sources. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 ‘‘Major Source’’ pollutant VOC. VOC. VOC. VOC. VOC. VOC. VOC. NOX. Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This proposed rule also does 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), nor will it 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), because it merely proposes to approve 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 proposed rule also is not subject to Executive Order 13045 (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 E:\FR\FM\27APP1.SGM 27APP1 24836 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules 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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This proposed rule to approve eight source-specific RACT determinations established and imposed by the Commonwealth of Pennsylvania pursuant to its SIP-approved generic RACT regulations does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Parts 2800 and 2880 rmajette on PROD1PC67 with PROPOSALS1 [WO–350–06–1430–PP] RIN 1004–AD87 Update of Linear Right-of-Way Rental Schedule Bureau of Land Management, Interior. VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 SUMMARY: The Bureau of Land Management (BLM) requests comments and suggestions to assist in the writing of a proposed rule to update the linear right-of-way rental schedule in 43 CFR parts 2800 and 2880. The rental schedule covers most linear rights-ofway granted under section 28 of the Mineral Leasing Act of 1920, as amended (MLA), and Title V of the Federal Land Policy and Management Act of 1976, as amended (FLPMA). Both laws require the holder of a right-of-way to pay annually, in advance, the fair market value to occupy, use, or traverse public lands for facilities such as power lines, fiber optic lines, pipelines, roads, and ditches. Section 367 of the Energy Policy Act of 2005 (the Act) directs the Secretary of the Interior to update the per-acre rental fee schedule found in 43 CFR 2806.20. This update is to be completed not later than one year after the date of enactment of the Act, which occurred on August 8, 2005. The Act requires that the BLM revise the per-acre rental feezone value schedule by state, county, and type of linear right-of-way use to reflect current land values in each zone. The Act also requires the Secretary of Agriculture (Forest Service) to make the same revisions for rights-of-way on National Forest System lands. We encourage members of the public to provide comments and suggestions to help with updating the BLM’s and the Forest Service’s rental schedule, as described in the Act. DATES: We will accept comments and suggestions on the Advance Notice of Proposed Rulemaking until May 30, 2006. You may submit comments by any of the following methods listed below. Mail: Director (630) Bureau of Land Management, Administrative Record, Room 401 LS, Eastern States Office, 7450 Boston Boulevard, Springfield, Virginia 22153. Personal or messenger delivery: Room 401, 1620 L Street, NW,, Washington, DC 20036. Federal eRulemaking Portal: https:// www.regulations.gov. E-mail: comments_washington@blm.gov. (Include ‘‘Attn: AD87’’). FOR FURTHER INFORMATION CONTACT: For information on the substance of the Advance Notice, please contact Christian Crowley at (202) 208–3799. For information on procedural matters, please contact Ian Senio at (202) 452– ADDRESSES: Dated: April 19, 2006. William C. Early, Acting Regional Administrator, Region III. [FR Doc. E6–6364 Filed 4–26–06; 8:45 am] AGENCY: Advance Notice of Proposed Rulemaking. ACTION: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 5049. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877– 8339, to contact the above individuals during business hours. FIRS is available twenty-four hours a day, seven days a week. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures Commenting on the Advance Notice of Proposed Rulemaking Written comments or suggestions should: • Be specific; • Explain the reasoning behind your comments and suggestions; • Address the issues outlined in the Notice; and • Where possible, reference the specific section or paragraph of existing laws or regulations that you are addressing. For comments and recommendations to be most useful, and most likely to influence decisions on the content of the proposed rule, they should: • Be substantive; • Facilitate development of a uniform, cost effective administrative process for calculating rental payments; • Result in a fair and reasonable payment of fair market rent; and • Include citations to, and analyses of, applicable laws and regulations. The BLM is particularly interested in receiving comments and suggestions about the topics listed in Section III of this Notice. All communication on these topics should refer to RIN 1004–AD87, and may be submitted by several methods listed under the ADDRESSES section of this Notice. Comments received after the close of the comment period (see DATES) need not be considered or included in the Administrative Record for the proposed rule. Likewise, comments delivered to an address other than those listed above (see ADDRESSES) need not be considered or included in the Administrative Record for the proposed rule. Reviewing Comments Submitted by Others Comments, including names and street addresses of respondents, will be available for public review at the address listed under ‘‘ADDRESSES: Personal or messenger delivery’’ during regular business hours (7:45 a.m. to 4:15 a.m.), Monday through Friday, except holidays. Individual respondents may request confidentiality, which will be honored to the extent allowable by law. Those wishing to withhold their name or address (except for the city or town) E:\FR\FM\27APP1.SGM 27APP1

Agencies

[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24834-24836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6364]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0296; FRL-8162-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX and VOC RACT Determinations for Eight Individual 
Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve revisions to the 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 sources of volatile organic compounds (VOC) and one source of 
nitrogen oxides (NOX) pursuant to the Commonwealth of 
Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic 
RACT regulations. EPA is proposing to approve these revisions in 
accordance with the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 30, 2006.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number EPA-R03-OAR-2006-0296 by one of the following 
methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: morris.makeba@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0296, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. 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. EPA-R03-OAR-2006-
0296. 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.regulations.gov, 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 https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is 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 https://www.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 
https://www.regulations.gov index. 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 https://
www.regulations.gov 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: LaKeshia N. Robertson, (215) 814-2113, 
or by e-mail at robertson.lakeshia@epa.gov.

SUPPLEMENTARY INFORMATION: On March 27, 1995, August 1, 1995, January 
10, 1996, March 21, 1996, October 18, 1996, June 22, 1999, and July 28, 
1999, PADEP submitted revisions to the Pennsylvania SIP. These SIP 
revisions consist of source-specific operating permits and/or plan 
approvals issued by PADEP to establish and require RACT for eight 
sources pursuant to Pennsylvania's SIP-approved generic RACT 
regulations.

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of CAA, Pennsylvania is 
required to establish and implement RACT for all major VOC and 
NOX sources. The major source size is determined by its 
location, the classification of that area and whether it is located in 
the ozone transport region (OTR). Under section 184 of the CAA, RACT as 
specified in sections 182(b)(2) and 182(f) applies throughout the OTR. 
The entire Commonwealth is located within the OTR. Therefore, RACT is 
applicable statewide in Pennsylvania.
    State implementation plan revisions imposing RACT for three classes 
of VOC sources are required under section 182(b)(2). The categories 
are:
    (1) All sources covered by a Control Technique Guideline (CTG) 
document issued between November 15, 1990 and the date of attainment;
    (2) All sources covered by a CTG issued prior to November 15, 1990; 
and
    (3) All major non-CTG sources.
    The Pennsylvania SIP already has approved RACT regulations and 
requirements for all sources and source categories covered by the CTGs. 
The Pennsylvania SIP also has approved regulations to require major 
sources of NOX and additional major sources of VOC emissions 
(not covered by a CTG) to implement RACT. These regulations are 
commonly termed the ``generic RACT regulations''. A generic RACT 
regulation is one that does not, itself, specifically define RACT for a 
source or source categories but instead establishes procedures for 
imposing case-by-case RACT determinations. The Commonwealth's SIP-
approved generic RACT regulations consist of the procedures PADEP uses 
to establish and impose RACT for subject sources of VOC and 
NOX. Pursuant to the SIP-approved generic RACT rules, PADEP 
imposes RACT on each subject source in an enforceable document, usually 
a Plan Approval (PA) or Operating Permit (OP). The Commonwealth then 
submits these PAs and OPs to EPA for approval as source-specific SIP 
revisions. EPA reviews these SIP revisions to ensure that the 
Pennsylvania DEP has determined and imposed RACT in accordance with the 
provisions of the SIP-approved generic RACT rules.

[[Page 24835]]

    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.

II. Summary of the SIP Revisions

    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
----------------------------------------------------------------------------------------------------------------
                                                       Plan Approval
                                                      (PA )                         ``Major Source''
         Source's name                 County        Operating Permit     Source type            pollutant
                                                      (OP )
----------------------------------------------------------------------------------------------------------------
Carlisle Tire & Rubber Company.  Cumberland........           21-2003  Specialty Tire     VOC.
                                                                        Manufacturing.
The Carbide/Graphite Group, Inc  Elk...............         OP 24-012  Graphite           VOC.
                                                                        Electrode and
                                                                        Graphite
                                                                        Specialities
                                                                        Manufacturing
                                                                        Facility.
Celotex Corporation............  Northumberland....        OP-49-0013  Fiberboard         VOC.
                                                                        Manufacturing
                                                                        Facility.
American Railcar Industries,     Northumberland....        OP-49-0012  Railcar Cleaning   VOC.
 Inc. Shippers Car Line                                                 and
 Division.                                                              Refurbishment
                                                                        Operation.
ACF............................  Northumberland....        OP-49-0009  Railcar            VOC.
                                                                        Manufacturing
                                                                        Operation.
New Holland North America, Inc.  Lancaster.........           36-2028  Surface Coating    VOC.
                                                                        Operation.
Allsteel, Inc..................  Luzerne...........          40-001-5  Metal Furniture    VOC.
                                                                        Coatings.
Ball-Foster Glass Container Co.  McKean............         OP 42-028  Glass Melting      NOX.
                                                                        Furnaces.
----------------------------------------------------------------------------------------------------------------

    Interested parties are advised that copies of Pennsylvania's SIP 
submittals for these sources, including the actual PAs and OPs imposing 
RACT, PADEP's evaluation memoranda and the sources' RACT proposals 
(referenced in PADEP's evaluation memoranda) are included and may be 
viewed in their entirety in both the electronic and hard copy versions 
of the docket for this final rule. As previously stated, all documents 
in the electronic docket are listed in the https://www.regulations.gov 
index. Publicly available docket materials are available either 
electronically in https://www.regulations.gov 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.
    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. In accordance with its SIP-approved 
generic RACT rule, the Commonwealth has also imposed record-keeping, 
monitoring, and testing requirements on these sources sufficient to 
determine compliance with the applicable RACT determinations.

III. Proposed Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP on March 27, 1995, August 1, 1995, January 10, 1996, March 21, 
1996, October 18, 1996, June 22, 1999, and July 28, 1999, to establish 
and require VOC and NOX RACT for eight individual sources 
pursuant to the Commonwealth's SIP-approved generic RACT regulations. 
EPA is soliciting public comments on this proposed rule to approve 
these source-specific RACT determinations established and imposed by 
PADEP in accordance with the criteria set forth in its SIP-approved 
generic RACT regulations applicable to these sources. These comments 
will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4). This proposed rule also does 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), nor will it 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), because it 
merely proposes to approve 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 
proposed rule also is not subject to Executive Order 13045 (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

[[Page 24836]]

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. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct. EPA has complied with Executive Order 12630 (53 FR 
8859, March 15, 1988) by examining the takings implications of the rule 
in accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This proposed rule to approve eight source-
specific RACT determinations established and imposed by the 
Commonwealth of Pennsylvania pursuant to its SIP-approved generic RACT 
regulations does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 19, 2006.
William C. Early,
Acting Regional Administrator, Region III.
 [FR Doc. E6-6364 Filed 4-26-06; 8:45 am]
BILLING CODE 6560-50-P
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