Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX, 24831-24834 [E6-6366]

Download as PDF Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules representative of the entity making the payment. A waiver shall cover only a single payment period. Failure to obtain a waiver may result in the remittance being returned to the remitter. * * * * * 3. Amend § 201.17 to revise paragraph (i)(1) to read as follows: § 201.17 Statements of Account covering compulsory licenses for secondary transmissions by cable systems. rmajette on PROD1PC67 with PROPOSALS1 * * * * * (i) Royalty fee payment. (1) All royalty fees must be paid by a single electronic funds transfer, and must be received in the designated bank by the filing deadline for the relevant accounting period. The following information must be provided as part of the EFT and/or as part of the remittance advice as provided for in circulars issued by the Copyright Office: (i) Remitter’s name and address; (ii) Name of a contact person, telephone number and extension, and email address; (iii) The actual or anticipated date that the EFT will be transmitted; (iv) Type of royalty payment (i.e. cable); (v) Total amount submitted via the EFT; (vi) Total amount to be paid by year and period; (vii) Number of statements of account that the EFT covers; (viii) ID numbers assigned by the Licensing Division; (ix) Legal name of the owner for each Statement of Account; (x) Identification of the first community served (city and state). (2) The remittance advice shall be attached to the Statement(s) of Account. In addition, a copy of the remittance advice shall be emailed or sent by facsimile to the Licensing Division. (3) The Office may waive the requirement for payment by electronic funds transfer as set forth in paragraph (1)(i) of this section. At least 60 days prior to the royalty fee due date, the remitter shall submit to the Licensing Division a certified statement setting forth the reasons explaining why payment by an electronic funds transfer would be virtually impossible or, alternatively, why it would impose a financial or other hardship on the remitter. The statement must be signed by a duly authorized representative of the entity making the payment. A waiver shall cover only a single payment period. Failure to obtain a waiver may result in the remittance being returned to the remitter. * * * * * 4. Amend § 201.28 as follows: VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 a. By revising paragraph (e)(3)(ii); b. By redesignating § § 201.28(h) through (l) as § § 201.28(i) through (m) respectively, and adding a new § 201.28(h); c. By amending newly redesignated § 201.28(j)(1)(ii) to remove ‘‘(i)(2)’’ and add in its place ‘‘(j)(2)’’ d. By amending newly redesignated § 201.28(j)(3)(i) to remove ‘‘(i)(3)’’ and add in its place ‘‘(j)(3)’’ e. By amending newly redesignated § 201.28(j)(3)(vi) to remove ‘‘(i)’’ and add in its place ‘‘(j)’’. The additions and revisions to § 201.28 read as follows: § 201.28 Statements of Account for digital media audio recording devices or media. * * * * * (e) * * * (3) * * * (ii) The amount of the royalty payment shall be calculated in accordance with the instructions specified in the quarterly Statement of Account form. Payment shall be made as specified in section 201.28(h). * * * * * (h) Royalty fee payment. (1) All royalty fees must be paid by a single electronic funds transfer, and must be received in the designated bank by the filing deadline for the relevant accounting period. The following information must be provided as part of the EFT and/or as part of the remittance advice as provided for in circulars issued by the Copyright Office: (i) Remitter’s name and address; (ii) Name of a contact person, telephone number and extension, and email address; (iii) The actual or anticipated date that the EFT will be transmitted; (iv) Type of royalty payment (i.e. DART); (v) Total amount submitted via the EFT; (vi) Total amount to be paid by year and period; (vii) Number of statements of account that the EFT covers; (viii) ID numbers assigned by the Licensing Division; (ix) Legal name of the owner for each Statement of Account. (2) The remittance advice shall be attached to the Statement(s) of Account. In addition, a copy of the remittance advice shall be emailed or sent by facsimile to the Licensing Division. (3) The Office may waive the requirement for payment by electronic funds transfer as set forth in paragraph (1) of this section. At least 60 days prior to the royalty fee due date, the remitter shall submit to the Licensing Division a certified statement setting forth the PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 24831 reasons explaining why payment by an electronic funds transfer would be virtually impossible or, alternatively, why it would impose a financial or other hardship on the remitter. The certification must be signed by a duly authorized representative of the entity making the payment. A waiver shall cover only a single payment period. Failure to obtain a waiver may result in the remittance being returned to the remitter. * * * * * Dated: April 20, 2006. Tanya M. Sandros, Associate General Counsel. [FR Doc. E6–6186 Filed 4–26–06; 8:45 am] BILLING CODE 1410–33–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2006–0279; FRL–8162–7] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX RACT Determinations for Eight Individual Sources Environmental Protection Agency (EPA). ACTION: Proposed rule. 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 eight major sources of volatile organic compounds (VOC) and 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 Docket ID Number EPA– R03–OAR–2006–0279 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–2006–0279, Makeba Morris, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. E:\FR\FM\27APP1.SGM 27APP1 24832 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules 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 Docket ID No. EPA–R03–OAR–2006– 0279. 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: Ellen Wentworth, (215) 814–2034, or by e-mail at wentworth.ellen@epa.gov. SUPPLEMENTARY INFORMATION: On August 1, 1995, March 21, 1996, October 18, 1996, April 20, 1998, October 2, 1998, June 22, 1999, and February 4, 2003, PADEP submitted revisions to the Pennsylvania SIP. These SIP revisions consist of source-specific operating permits issued by PADEP to establish and require RACT for eight individual sources pursuant to Pennsylvania’s SIPapproved generic RACT regulations. I. Background Pursuant to sections 182(b)(2) and 182(f) of the 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), Consent Order (CO), or Operating Permit (OP). The Commonwealth then submits these PAs, COs, or OPs to EPA for approval as source-specific SIP revisions. EPA reviews these SIP revisions to ensure that the PADEP has determined and imposed RACT in accordance with the provisions of the SIP-approved generic RACT 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 a 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 operating permits (OPs) which are the subject of this rulemaking. rmajette on PROD1PC67 with PROPOSALS1 PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES Operating Permit (OP #) Source type ‘‘Major Source’’ pollutant OP–21–2009 Combustion Turbines ......................... VOC and NOX. Northumberland ............. Northampton .................. OP–49–0002 OP–48–0006 Cogeneration Facility ......................... Combustion Turbines and Boilers ..... NOX. NOX. Lycoming ........................ OP–41–0004 Combustion Turbine ........................... NOX. Source’s name County Pennsylvania Power & Light Company—West Shore. Foster Wheeler Mt. Carmel, Inc .......... Metropolitan Edison Company—Portland. Pennsylvania Power & Light Company Cumberland ................... VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1 24833 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES—Continued Operating Permit (OP #) County Pennsylvania Power & Light Company Texas Eastern Transmission Corporation. Pennsylvania Power & Light Company Clinton ............................ Juniata County ............... OP–18–0006 OP–34–2002 Combustion Turbines ......................... Compressor Station ........................... NOX. NOX. Northampton .................. OP 48–0011 VOC and NOX. Johnstown Corporation ........................ Cambria ......................... OP–11–000–034 Combustion Turbines and Diesel Generators. Steel Foundry ..................................... Interested parties are advised that copies of Pennsylvania’s SIP submittals for these sources, including the actual 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 recordkeeping, monitoring, and testing requirements on these sources sufficient to determine compliance with the applicable RACT determinations. rmajette on PROD1PC67 with PROPOSALS1 III. Proposed Action EPA is approving the revisions to the Pennsylvania SIP submitted by PADEP on August 1, 1995, March 21, 1996, October 18, 1996, April 20, 1998, October 2, 1998, June 22, 1999, and February 4, 2003 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 VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 Source type ‘‘Major Source’’ pollutant Source’s name 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 VOC. 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 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. E:\FR\FM\27APP1.SGM 27APP1 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

Agencies

[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 24831-24834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6366]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0279; FRL-8162-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX 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 eight major sources of volatile organic compounds (VOC) and 
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 Docket ID Number EPA-
R03-OAR-2006-0279 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-2006-0279, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

[[Page 24832]]

    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 Docket ID No. EPA-R03-OAR-
2006-0279. 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: Ellen Wentworth, (215) 814-2034, or by 
e-mail at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: On August 1, 1995, March 21, 1996, October 
18, 1996, April 20, 1998, October 2, 1998, June 22, 1999, and February 
4, 2003, PADEP submitted revisions to the Pennsylvania SIP. These SIP 
revisions consist of source-specific operating permits issued by PADEP 
to establish and require RACT for eight individual sources pursuant to 
Pennsylvania's SIP-approved generic RACT regulations.

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the 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), Consent Order (CO), or Operating Permit (OP). The 
Commonwealth then submits these PAs, COs, or OPs to EPA for approval as 
source-specific SIP revisions. EPA reviews these SIP revisions to 
ensure that the PADEP has determined and imposed RACT in accordance 
with the provisions of the SIP-approved generic RACT 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 a 
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 
operating permits (OPs) which are the subject of this rulemaking.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                     Operating Permit                        ``Major Source''
         Source's name                 County         (OP )      Source type            pollutant
----------------------------------------------------------------------------------------------------------------
Pennsylvania Power & Light       Cumberland........        OP-21-2009  Combustion         VOC and NOX.
 Company--West Shore.                                                   Turbines.
Foster Wheeler Mt. Carmel, Inc.  Northumberland....        OP-49-0002  Cogeneration       NOX.
                                                                        Facility.
Metropolitan Edison Company--    Northampton.......        OP-48-0006  Combustion         NOX.
 Portland.                                                              Turbines and
                                                                        Boilers.
Pennsylvania Power & Light       Lycoming..........        OP-41-0004  Combustion         NOX.
 Company.                                                               Turbine.

[[Page 24833]]

 
Pennsylvania Power & Light       Clinton...........        OP-18-0006  Combustion         NOX.
 Company.                                                               Turbines.
Texas Eastern Transmission       Juniata County....        OP-34-2002  Compressor         NOX.
 Corporation.                                                           Station.
Pennsylvania Power & Light       Northampton.......        OP 48-0011  Combustion         VOC and NOX.
 Company.                                                               Turbines and
                                                                        Diesel
                                                                        Generators.
Johnstown Corporation..........  Cambria...........     OP-11-000-034  Steel Foundry....  VOC.
----------------------------------------------------------------------------------------------------------------

    Interested parties are advised that copies of Pennsylvania's SIP 
submittals for these sources, including the actual 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 recordkeeping, 
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 August 1, 1995, March 21, 1996, October 18, 1996, April 20, 
1998, October 2, 1998, June 22, 1999, and February 4, 2003 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 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.


[[Page 24834]]


    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
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