Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Reasonably Available Control Technology Requirements for Volatile Organic Compounds and Nitrogen Oxides, 34864-34867 [E6-9461]

Download as PDF 34864 Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Proposed Rules (2) Agree, together with a foreign authorized entity, that the adoption may proceed; (3) Take all appropriate measures to ensure that the transfer of the child takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive parent(s) or the prospective adoptive parent(s), and arrange to obtain permission for the child to leave the United States; and (4) Arrange to keep a foreign authorized entity informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required; to return the home study and the child background study to the authorities that forwarded them if the transfer of the child does not take place; and to be consulted in the event a new placement or alternative long-term care for the child is required. (j) Contacts. Unless the child is being adopted by a relative, there may be no contact between the prospective adoptive parent(s) and the child’s birthparent(s) or any other person who has care of the child prior to the competent authority’s determination that the prospective adoptive parent(s) are eligible and suited to adopt and the adoption court’s determinations that the child is adoptable, that the requirements in paragraphs (c) and (g) of this section have been met, and that an intercountry adoption is in the child’s best interests, provided that this prohibition on contacts shall not apply if the relevant State or public domestic authority has established conditions under which such contact may occur and any such contact occurred in accordance with such conditions. (k) Improper financial gain. No one may derive improper financial or other gain from an activity related to the adoption, and only costs and expenses (including reasonable professional fees of persons involved in the adoption) may be charged or paid. rwilkins on PROD1PC63 with PROPOSAL_1 § 97.4 Issuance of a Hague Adoption Certificate or a Hague Custody Declaration in an Outgoing Convention Case. (a) The Secretary shall issue a Hague Adoption Certificate or a Hague Custody Declaration if the Secretary, in the Secretary’s discretion, is satisfied that the adoption or grant of custody was made in compliance with the Convention and the IAA. (b) If compliance with the Convention can be certified but it is not possible to certify compliance with the IAA, the Secretary personally may authorize issuance of an appropriately modified Hague Adoption Certificate or Hague VerDate Aug<31>2005 17:32 Jun 15, 2006 Jkt 208001 Custody Declaration, in the interests of justice or to prevent grave physical harm to the child. § 97.5 Certification of Hague Convention Compliance in an Incoming Convention Case where Adoption Occurs in the United States. (a) Any person may request the Secretary to certify that an incoming Convention adoption finalized in the United States was done in accordance with the Convention. (b) Persons seeking such a certification must submit the following documentation: (1) A copy of a Hague Convention Certificate issued by a consular officer pursuant to applicable visa regulations certifying that legal custody of the child has been granted to the U.S. citizen parent for purposes of adoption; (2) An official copy of the adoption court’s order granting the final adoption; (3) A signed statement explaining the need for such a certification; and (4) Such additional documentation and information as the Secretary may request at the Secretary’s discretion. (c) If a person seeking the certification described in paragraph (a) of this section fails to submit all the documentation and information required pursuant to paragraph (b)(4) of this section within 120 days of the Secretary’s request, the Department may consider the request abandoned. (d) The Secretary may issue the certification if the Secretary, in the Secretary’s discretion, is satisfied that the adoption was made in compliance with the Convention. The Secretary may decline to issue a certification, including to a party to the adoption, in the Secretary’s discretion. A certification will not be issued to a nonparty requestor unless the requestor demonstrates that the certification is needed to obtain a legal benefit or for purposes of a legal proceeding, as determined by the Secretary in the Secretary’s discretion. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2006–0379; FRL–8184–4] Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Reasonably Available Control Technology Requirements for Volatile Organic Compounds and Nitrogen Oxides Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Dated: June 9, 2006. Maura A. Harty, Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. E6–9507 Filed 6–15–06; 8:45 am] SUMMARY: EPA is proposing to remove the limited status of its approval of the Commonwealth of Pennsylvania’s State Implementation Plan (SIP) revision that requires all major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) to implement reasonably available control technology (RACT). EPA is proposing to convert its limited approval of Pennsylvania’s VOC and NOX RACT regulations to full approval because EPA has approved or is currently conducting rulemaking to approve all of the case-by-case RACT determinations submitted by Pennsylvania for the affected sources. In prior final rules, EPA has previously fully approved Pennsylvania’s VOC and NOX RACT regulations for the Philadelphia-Wilmington-Trenton, and Pittsburgh-Beaver Valley areas. EPA is now proposing to convert its limited approval of Pennsylvania’s VOC and NOX RACT regulations as they apply in the remainder of the Commonwealth to full approval because EPA has approved or is currently conducting rulemaking to approve all of the case-by-case RACT determinations submitted by Pennsylvania for the affected sources in the remainder of the Commonwealth. Final action converting the limited approval to full approval shall occur once EPA has completed rulemaking to approve either (1) the case-by-case RACT proposals for all sources subject to the RACT requirements currently known in the remainder of the State, outside of the Pittsburgh and Philadelphia areas; or (2) for a sufficient number of sources such that the emissions from any remaining subject sources represent a de minimis level of emissions. This action is being taken under the Clean Air Act (CAA or the Act). BILLING CODE 4710–06–P DATES: §§ 97.6–97.7 PO 00000 Frm 00016 [Reserved]. Fmt 4702 Written comments must be received on or before July 17, 2006. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– Sfmt 4702 E:\FR\FM\16JNP1.SGM 16JNP1 rwilkins on PROD1PC63 with PROPOSAL_1 Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Proposed Rules R03–OAR–2006–0379 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: morris.makeba@epa.gov. C. Mail: EPA–R03–OAR–2006–0379, Makeba Morris, Chief, Air Quality Planning and Analysis 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 Docket ID No. EPA–R03–OAR–2006– 0379. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov. providing 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 www.regulations.gov or e-mail. The 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 www.regulations.gov, your email 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 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 VerDate Aug<31>2005 17:32 Jun 15, 2006 Jkt 208001 form. Publicly available docket materials are available either electronically in 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 Resources Bureau of Air Quality Control, 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. I. Background Pursuant to sections 182(b) and 182(f) of the Clean Air Act (CAA), the Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is required to establish and implement RACT for all major VOC and NOX sources. SIP revisions imposing RACT for three classes of VOC sources are required under section 182(b)(2). The categories are all sources covered by a Control Technique Guideline (CTG) document issued between November 15, 1990 and the date of 1-hour ozone attainment; all sources covered by a CTG issued prior to November 15, 1990; and all other major non-CTG sources. Section 182(f) provides that the planning requirements applicable to major stationary sources of VOCs in other provisions in part D, subpart 2 (including section 182) apply to major stationary sources of NOX. The Pennsylvania SIP already includes approved RACT regulations for sources and source categories of VOCs covered by the CTGs as required by section 182(b)(2)(A) and (B). Regulations requiring RACT for all major sources of VOC and NOX were to be submitted to EPA as SIP revisions by November 1992 and compliance required by May of 1995. On February 4, 1994, PADEP submitted a revision to its SIP, consisting of 25 PA Code Chapters 129.91 through 129.95, to require major sources of NOX and additional major sources of VOC emissions (not covered by a CTG) to implement RACT (nonCTG RACT rules). The February 4, 1994 submittal was amended on May 3, 1994 to correct and clarify certain presumptive NOX RACT requirements under Chapter 129.93. As described in more detail, below, EPA granted conditional limited approval of the Commonwealth’s VOC and NOX RACT regulations on March 23, 1998 (63 FR 13789), and removed the conditional PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 34865 aspect of the approval on May 3, 2001 (66 FR 22123). Under section 184 of the CAA, RACT as specified in sections 182(b)(2) and 182(f) applies throughout the ozone transport region (OTR). The entire Commonwealth is located within the OTR. Therefore, RACT is applicable statewide in Pennsylvania. The major source size generally is determined by the classification of the area in which the source is located. However, for areas located in the OTR, the major source size for stationary sources of VOCs is 50 tons per year (tpy) unless the area’s 1hour ozone classification prescribes a lower major source threshold. The RACT regulations contain technologybased or operational ‘‘presumptive RACT emission limitations’’ for certain major NOX sources. For other major NOX sources, and all major non-CTG VOC sources (not otherwise already subject to RACT pursuant to a source category regulation under the Pennsylvania SIP), the regulations contain a ‘‘generic’’ RACT provision. A generic RACT regulation is one that does not, itself, specifically define RACT for a source or source categories, but instead allows for case-by-case RACT determinations. The generic provisions of Pennsylvania’s regulations allow for PADEP to make case-by-case RACT determinations that are then to be submitted to EPA as revisions to the Pennsylvania SIP. On March 23, 1998 (63 FR 13789), EPA granted conditional limited approval of a Pennsylvania SIP revision that established and required all major sources of VOCs and NOX to implement RACT. This approval was granted on the condition that Pennsylvania must, by no later than April 22, 1999 certify that (1) it had submitted case-by-case RACT proposals for all sources subject to the RACT requirements currently know to PADEP, or (2) demonstrate that the emissions from any remaining subject sources represented a de minimis level of emissions as defined in the rulemaking document. On April 22, 1999, the PADEP submitted a letter certifying that it had met the terms and conditions imposed by EPA in its March 23, 1998 (63 FR 13789) conditional limited approval of its VOC and NOX RACT regulation by submitting case-by-case VOC/NOX RACT determinations as SIP revisions. EPA concurred that Pennsylvania’s April 22, 1999 certification satisfied the condition imposed in its conditional limited approval published on March 23, 1998 (63 FR 13789), and published a direct final rulemaking (May 3, 2001, 66 FR 22123) removing the conditional status of its approval of the E:\FR\FM\16JNP1.SGM 16JNP1 34866 Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Proposed Rules rwilkins on PROD1PC63 with PROPOSAL_1 Commonwealth’s SIP revision that required all major sources of VOCs and NOX to implement RACT. That final rule became effective on June 18, 2001. The regulation retained a limited approval status on the basis that it strengthened the Pennsylvania SIP. Conversion from limited to full approval would occur when EPA had approved all of the case-by-case RACT determinations as SIP revisions. On October 16, 2001 (66 FR 52533), EPA published a final rulemaking for the Commonwealth removing the limited status of its approval of Pennsylvania’s SIP revision that required all major sources of VOCs and NOX to implement RACT as it applied in the Pittsburgh-Beaver Valley ozone nonattainment area (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland counties), because EPA had approved all of the case-by-case RACT determinations submitted by PADEP for affected major sources of NOX and/or VOC sources located in the area. EPA converted its limited approval of Pennsylvania’s RACT regulation to full approval as it applied to that area. That rulemaking became effective on November 15, 2001. On October 30, 2001 (66 FR 54698), EPA published a final rulemaking for the Commonwealth removing the limited status of its approval of Pennsylvania’s SIP revision that required all major sources of VOCs and NOX to implement RACT as it applied in the Philadelphia-Wilmington-Trenton ozone nonattainment area (Bucks, Chester, Delaware, Montgomery, and Philadelphia counties) because EPA had approved all of the case-by-case RACT determinations submitted by PADEP for affected major sources of NOX and/or VOC sources located in the area. EPA converted its limited approval of Pennsylvania’s RACT regulation to full approval as it applied to that area. That rulemaking became effective on November 29, 2001. II. EPA’s Proposed Action As EPA stated in its May 3, 2001 final rule (66 FR 22123), conversion of Pennsylvania’s VOC and NOX regulation from limited to full approval would occur when EPA had approved all of the case-by-case RACT determinations submitted by Pennsylvania into the Pennsylvania SIP. EPA has previously removed the limited status of its approval of Pennsylvania’s SIP revisions that requires all major sources of VOC and NOX to implement RACT as it applies in the Pittsburgh and Philadelphia areas because EPA has approved all of the case-by-case RACT VerDate Aug<31>2005 17:32 Jun 15, 2006 Jkt 208001 determinations for these areas. In this action EPA is proposing to convert its limited approval of Pennsylvania’s RACT regulation to full approval as it applies in the remainder of the Commonwealth because EPA has approved or is currently conducting rulemaking to approve all remaining case-by-case RACT determinations submitted by PADEP. Final action converting the limited approval to full approval shall occur once EPA has completed rulemaking to approve either (1) the case-by-case RACT proposals for all sources subject to the RACT requirements currently known in the remainder of the State, outside of the Pittsburgh and Philadelphia areas; or (2) for a sufficient number of sources such that the emissions from any remaining subject sources represent a de minimis level of emissions as defined in the March 23, 1998 rulemaking (63 FR 13789). EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. III. 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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 requirement, 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, regarding Pennsylvania’s VOC and NOX RACT regulations as they apply in the remainder of the Commonwealth, does not impose an information collection 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. E:\FR\FM\16JNP1.SGM 16JNP1 Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Proposed Rules Dated: June 7, 2006. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E6–9461 Filed 6–15–06; 8:45 am] of aviation fuel and oil at commercial airport facilities. The AIR card is a centrally-billed, Government commercial purchase card that is an alternative to use of the Standard Form 44, Purchase Order-Invoice-Voucher. This proposed rule amends DFARS 213.306 to address use of the AIR card. In addition, the proposed rule amends DFARS 213.301 to clarify that DoD has multiple fuel card programs. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 213 RIN 0750–AF42 Defense Federal Acquisition Regulation Supplement; Aviation IntoPlane Reimbursement Card (DFARS Case 2006–D017) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule with request for comments. rwilkins on PROD1PC63 with PROPOSAL_1 AGENCY: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to DoD fuel card programs. The proposed rule addresses use of the Aviation Into-plane Reimbursement card for purchases of aviation fuel and oil. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before August 15, 2006, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2006–D017, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2006–D017 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations System, Attn: Ms. Robin Schulze, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602–0326. SUPPLEMENTARY INFORMATION: A. Background DoD uses the Aviation Into-plane Reimbursement (AIR) card for purchases VerDate Aug<31>2005 17:32 Jun 15, 2006 Jkt 208001 B. Regulatory Flexibility Act DoD does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the AIR card is an alternative to use of the Standard Form 44, Purchase Order-Invoice-Voucher, designed primarily for on-the-spot, overthe-counter purchases while away from the purchasing office or at isolated activities. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2006–D017. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 213 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR part 213 as follows: PART 213—SIMPLIFIED ACQUISITION PROCEDURES 1. The authority citation for 48 CFR part 213 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 213.301 [Amended] 2. Section 213.301 is amended in paragraph (4), in the second sentence, by removing ‘‘program’’ and adding in its place ‘‘programs’’. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 34867 3. Section 213.306 is amended by revising paragraph (a)(1)(A) to read as follows: 213.306 SF 44, Purchase Order-InvoiceVoucher. (a)(1) * * * (A) Aviation fuel and oil. The Aviation Into-plane Reimbursement (AIR) card may be used instead of an SF 44 for aviation fuel and oil (see https:// www.desc.dla.mil); * * * * * [FR Doc. E6–9488 Filed 6–15–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 233 RIN 0750–AE01 Defense Federal Acquisition Regulation Supplement; Protests, Disputes, and Appeals (DFARS Case 2003–D010) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule with request for comments. AGENCY: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing procedures for processing of contractor claims submitted under DoD contracts. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before August 15, 2006, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2003–D010, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2003–D010 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations System, Attn: Ms. Debra Overstreet, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal E:\FR\FM\16JNP1.SGM 16JNP1

Agencies

[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Proposed Rules]
[Pages 34864-34867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9461]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0379; FRL-8184-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Reasonably Available Control Technology 
Requirements for Volatile Organic Compounds and Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to remove the limited status of its approval 
of the Commonwealth of Pennsylvania's State Implementation Plan (SIP) 
revision that requires all major sources of volatile organic compounds 
(VOC) and nitrogen oxides (NOX) to implement reasonably 
available control technology (RACT). EPA is proposing to convert its 
limited approval of Pennsylvania's VOC and NOX RACT 
regulations to full approval because EPA has approved or is currently 
conducting rulemaking to approve all of the case-by-case RACT 
determinations submitted by Pennsylvania for the affected sources. In 
prior final rules, EPA has previously fully approved Pennsylvania's VOC 
and NOX RACT regulations for the Philadelphia-Wilmington-
Trenton, and Pittsburgh-Beaver Valley areas. EPA is now proposing to 
convert its limited approval of Pennsylvania's VOC and NOX 
RACT regulations as they apply in the remainder of the Commonwealth to 
full approval because EPA has approved or is currently conducting 
rulemaking to approve all of the case-by-case RACT determinations 
submitted by Pennsylvania for the affected sources in the remainder of 
the Commonwealth. Final action converting the limited approval to full 
approval shall occur once EPA has completed rulemaking to approve 
either (1) the case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known in the remainder of the State, 
outside of the Pittsburgh and Philadelphia areas; or (2) for a 
sufficient number of sources such that the emissions from any remaining 
subject sources represent a de minimis level of emissions. This action 
is being taken under the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before July 17, 2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-

[[Page 34865]]

R03-OAR-2006-0379 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: morris.makeba@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0379, Makeba Morris, Chief, Air Quality 
Planning and Analysis 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 Docket ID No. EPA-R03-OAR-
2006-0379. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov. providing 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 www.regulations.gov or e-mail. 
The 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 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 
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 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 Resources 
Bureau of Air Quality Control, 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.

I. Background

    Pursuant to sections 182(b) and 182(f) of the Clean Air Act (CAA), 
the Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is 
required to establish and implement RACT for all major VOC and 
NOX sources. SIP revisions imposing RACT for three classes 
of VOC sources are required under section 182(b)(2). The categories are 
all sources covered by a Control Technique Guideline (CTG) document 
issued between November 15, 1990 and the date of 1-hour ozone 
attainment; all sources covered by a CTG issued prior to November 15, 
1990; and all other major non-CTG sources. Section 182(f) provides that 
the planning requirements applicable to major stationary sources of 
VOCs in other provisions in part D, subpart 2 (including section 182) 
apply to major stationary sources of NOX.
    The Pennsylvania SIP already includes approved RACT regulations for 
sources and source categories of VOCs covered by the CTGs as required 
by section 182(b)(2)(A) and (B). Regulations requiring RACT for all 
major sources of VOC and NOX were to be submitted to EPA as 
SIP revisions by November 1992 and compliance required by May of 1995. 
On February 4, 1994, PADEP submitted a revision to its SIP, consisting 
of 25 PA Code Chapters 129.91 through 129.95, to require major sources 
of NOX and additional major sources of VOC emissions (not 
covered by a CTG) to implement RACT (non-CTG RACT rules). The February 
4, 1994 submittal was amended on May 3, 1994 to correct and clarify 
certain presumptive NOX RACT requirements under Chapter 
129.93. As described in more detail, below, EPA granted conditional 
limited approval of the Commonwealth's VOC and NOX RACT 
regulations on March 23, 1998 (63 FR 13789), and removed the 
conditional aspect of the approval on May 3, 2001 (66 FR 22123).
    Under section 184 of the CAA, RACT as specified in sections 
182(b)(2) and 182(f) applies throughout the ozone transport region 
(OTR). The entire Commonwealth is located within the OTR. Therefore, 
RACT is applicable statewide in Pennsylvania. The major source size 
generally is determined by the classification of the area in which the 
source is located. However, for areas located in the OTR, the major 
source size for stationary sources of VOCs is 50 tons per year (tpy) 
unless the area's 1-hour ozone classification prescribes a lower major 
source threshold. The RACT regulations contain technology-based or 
operational ``presumptive RACT emission limitations'' for certain major 
NOX sources. For other major NOX sources, and all 
major non-CTG VOC sources (not otherwise already subject to RACT 
pursuant to a source category regulation under the Pennsylvania SIP), 
the regulations contain a ``generic'' RACT provision. A generic RACT 
regulation is one that does not, itself, specifically define RACT for a 
source or source categories, but instead allows for case-by-case RACT 
determinations. The generic provisions of Pennsylvania's regulations 
allow for PADEP to make case-by-case RACT determinations that are then 
to be submitted to EPA as revisions to the Pennsylvania SIP.
    On March 23, 1998 (63 FR 13789), EPA granted conditional limited 
approval of a Pennsylvania SIP revision that established and required 
all major sources of VOCs and NOX to implement RACT. This 
approval was granted on the condition that Pennsylvania must, by no 
later than April 22, 1999 certify that (1) it had submitted case-by-
case RACT proposals for all sources subject to the RACT requirements 
currently know to PADEP, or (2) demonstrate that the emissions from any 
remaining subject sources represented a de minimis level of emissions 
as defined in the rulemaking document.
    On April 22, 1999, the PADEP submitted a letter certifying that it 
had met the terms and conditions imposed by EPA in its March 23, 1998 
(63 FR 13789) conditional limited approval of its VOC and 
NOX RACT regulation by submitting case-by-case VOC/
NOX RACT determinations as SIP revisions. EPA concurred that 
Pennsylvania's April 22, 1999 certification satisfied the condition 
imposed in its conditional limited approval published on March 23, 1998 
(63 FR 13789), and published a direct final rulemaking (May 3, 2001, 66 
FR 22123) removing the conditional status of its approval of the

[[Page 34866]]

Commonwealth's SIP revision that required all major sources of VOCs and 
NOX to implement RACT. That final rule became effective on 
June 18, 2001. The regulation retained a limited approval status on the 
basis that it strengthened the Pennsylvania SIP. Conversion from 
limited to full approval would occur when EPA had approved all of the 
case-by-case RACT determinations as SIP revisions.
    On October 16, 2001 (66 FR 52533), EPA published a final rulemaking 
for the Commonwealth removing the limited status of its approval of 
Pennsylvania's SIP revision that required all major sources of VOCs and 
NOX to implement RACT as it applied in the Pittsburgh-Beaver 
Valley ozone nonattainment area (Allegheny, Armstrong, Beaver, Butler, 
Fayette, Washington, and Westmoreland counties), because EPA had 
approved all of the case-by-case RACT determinations submitted by PADEP 
for affected major sources of NOX and/or VOC sources located 
in the area. EPA converted its limited approval of Pennsylvania's RACT 
regulation to full approval as it applied to that area. That rulemaking 
became effective on November 15, 2001.
    On October 30, 2001 (66 FR 54698), EPA published a final rulemaking 
for the Commonwealth removing the limited status of its approval of 
Pennsylvania's SIP revision that required all major sources of VOCs and 
NOX to implement RACT as it applied in the Philadelphia-
Wilmington-Trenton ozone nonattainment area (Bucks, Chester, Delaware, 
Montgomery, and Philadelphia counties) because EPA had approved all of 
the case-by-case RACT determinations submitted by PADEP for affected 
major sources of NOX and/or VOC sources located in the area. 
EPA converted its limited approval of Pennsylvania's RACT regulation to 
full approval as it applied to that area. That rulemaking became 
effective on November 29, 2001.

II. EPA's Proposed Action

    As EPA stated in its May 3, 2001 final rule (66 FR 22123), 
conversion of Pennsylvania's VOC and NOX regulation from 
limited to full approval would occur when EPA had approved all of the 
case-by-case RACT determinations submitted by Pennsylvania into the 
Pennsylvania SIP. EPA has previously removed the limited status of its 
approval of Pennsylvania's SIP revisions that requires all major 
sources of VOC and NOX to implement RACT as it applies in 
the Pittsburgh and Philadelphia areas because EPA has approved all of 
the case-by-case RACT determinations for these areas. In this action 
EPA is proposing to convert its limited approval of Pennsylvania's RACT 
regulation to full approval as it applies in the remainder of the 
Commonwealth because EPA has approved or is currently conducting 
rulemaking to approve all remaining case-by-case RACT determinations 
submitted by PADEP. Final action converting the limited approval to 
full approval shall occur once EPA has completed rulemaking to approve 
either (1) the case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known in the remainder of the State, 
outside of the Pittsburgh and Philadelphia areas; or (2) for a 
sufficient number of sources such that the emissions from any remaining 
subject sources represent a de minimis level of emissions as defined in 
the March 23, 1998 rulemaking (63 FR 13789). EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

III. 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 
requirement, 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, regarding Pennsylvania's VOC and NOX 
RACT regulations as they apply in the remainder of the Commonwealth, 
does not impose an information collection 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.


[[Page 34867]]


    Dated: June 7, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E6-9461 Filed 6-15-06; 8:45 am]
BILLING CODE 6560-50-P
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