Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX, 836-838 [E7-25641]
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Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Proposed Rules
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI Canadian Airworthiness
Directive CF–2007–29, dated November 22,
2007, and Canadair Regional Jet Model CL–
600–2B19, Airworthiness Requirements in
the Maintenance Requirements Manual, CSP
A–053, Part 2, Appendix D, ‘‘Fuel System
Limitations,’’ Revision 7, dated May 10,
2007.
Issued in Renton, Washington, on
December 26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–25617 Filed 1–3–08; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
[EPA–HQ–OAR–2005–0172; FRL–8513–1]
Availability of Additional Information
Related to the Review of the National
Ambient Air Quality Standards for
Ozone
Environmental Protection
Agency (EPA).
ACTION: Notice of data availability.
ebenthall on PROD1PC69 with PROPOSALS
AGENCY:
SUMMARY: The EPA is providing notice
that it has placed in the docket for the
review of the national ambient air
quality standards (NAAQS) for ozone
(O3) (Docket No. EPA–HQ–OAR–2005–
0172) additional information relevant to
the rulemaking proposing revisions to
those standards. See 72 FR 37818, July
11, 2007. Specifically, this notice
announces the availability of a
memorandum from Abt Associates, Inc.
dated November 27, 2007. The subject
of the memo is: ‘‘Additional Tables:
Non-Accidental Mortality and Lung
Function Responses Associated with O3
Concentrations that Just Meet the
Current and Alternative 8-Hour Daily
Maximum Standards—Totals and
Portions Attributable to O3 Within 0.1
ppm Ranges, Based on 2002 and 2004
Air Quality Data.’’ The docket number
for this memo is EPA–HQ–OAR–2005–
0172–6942.
DATES: The memorandum was placed in
the Ozone NAAQS docket on December
17, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
Harvey Richmond, Office of Air Quality
Planning and Standards (C–504–06),
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15:20 Jan 03, 2008
Jkt 214001
U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711:
telephone: 919–541–5271; e-mail:
richmond.harvey@epa.gov.
SUPPLEMENTARY INFORMATION:
Dated: December 21, 2007.
Peter Tsirigotis,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 07–6287 Filed 1–3–08; 8:45 am]
A. Background
On July 11, 2007, EPA published a
proposed rule to make revisions to the
primary and secondary NAAQS for
ozone to provide requisite protection of
public health and welfare (72 FR
37818). A Technical Support Document
(TSD) was completed in July 2007 by
Abt Associates, Inc. entitled ‘‘Ozone
Health Risk Assessment for Selected
Urban Areas.’’ This TSD is docket item
EPA–HQ–OAR–2005–0172–6794. Since
completion of the TSD, Abt Associates,
Inc. has prepared an additional analysis
to show the non-accidental mortality
and lung function risk associated with
each 0.01 ppm O3 concentration or
exposure interval for air quality
simulating just meeting the current and
several alternative standards based on
2002 and 2004 air quality data. The total
O3-related risk for non-accidental
mortality and specific lung function
responses are also presented in the
tables in this memo and are the same as
reported in the July 2007 TSD.
BILLING CODE 6560–50–M
B. How Can I Get a Copy of This
Document?
1. Docket. EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2005–0172. The
document entitled ‘‘Additional Tables:
Non-Accidental Mortality and Lung
Function Responses Associated with O3
Concentrations that Just Meet the
Current and Alternative 8–Hour Daily
Maximum Standards—Totals and
Portions Attributable to O3 Within 0.1
ppm Ranges, Based on 2002 and 2004
Air Quality Data’’ has been placed in
this docket as docket item EPA–HQ–
OAR–2005–0172–6942. Publicly
available docket materials are available
either electronically through https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744
and the telephone number for the Air
and Radiation.
List of Subjects in 40 CFR Part 50
Environmental protection, Air
pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0534; FRL–8513–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT
Determinations for Merck and Co., Inc.
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania to
establish and require reasonably
available control technology (RACT) for
Merck and Co., Inc. (Merck) located in
Northumberland County, Pennsylvania.
Merck is a major source of volatile
organic compounds (VOC) and nitrogen
oxides (NOX). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before February 4, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–0534 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2007–0534,
Cristina Fernandez, 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
Docket ID No. EPA–R03–OAR–2007–
0534. 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, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
E:\FR\FM\04JAP1.SGM
04JAP1
Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Proposed Rules
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
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
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
FOR FURTHER INFORMATION CONTACT:
On June
13, 2007, the Pennsylvania Department
of Environmental Protection (PADEP)
submitted a revision to its SIP. This SIP
revision consists of a source-specific
operating permit issued by PADEP to
establish and require RACT for Merck
pursuant to Pennsylvania’s SIPapproved generic RACT regulations.
ebenthall on PROD1PC69 with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:20 Jan 03, 2008
Jkt 214001
I. Background
Pursuant to sections 182(b)(2) and
182(f) of the CAA, the Commonwealth
of Pennsylvania (the Commonwealth or
Pennsylvania) is required to establish
and implement RACT for all major VOC
and NOX sources. The major source size
is determined by its location, the
classification of that area and whether it
is located in the ozone transport region
(OTR). Under section 184 of the CAA,
RACT as specified in sections 182(b)(2)
and 182(f), applies throughout the OTR.
The entire Commonwealth is located
within the OTR. Therefore, RACT is
applicable statewide in Pennsylvania.
SIP revisions imposing RACT for
three classes of VOC sources are
required under section 182(b)(2) of the
CAA. 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 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.
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Frm 00012
Fmt 4702
Sfmt 4702
837
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 SIP Revision
Merck is a chemical process facility
and is a major source of VOC and NOX
emissions located in Northumberland
County, Pennsylvania. The
Commonwealth’s submittal consists of
an operating permit (OP–49–0007B) that
imposes VOC and NOX RACT
requirements for Merck. PADEP
established and imposed these RACT
requirements in accordance with the
criteria set forth in its SIP-approved
generic RACT regulations applicable to
Merck. In accordance with its SIPapproved generic RACT rule, the
Commonwealth has also imposed
recordkeeping, monitoring, and testing
requirements on Merck sufficient to
determine compliance with the
applicable RACT determinations.
III. Proposed Action
EPA is proposing to approve the
Pennsylvania SIP revision submitted by
PADEP on June 13, 2007 to establish
and require VOC and NOX RACT for
Merck and Co., Inc. (OP–49–0007B)
located in Northumberland County,
Pennsylvania, pursuant to the
Commonwealth’s SIP-approved generic
RACT regulations. EPA is soliciting
public comments on this proposed rule
to approve this source-specific RACT
determination established and imposed
by PADEP in accordance with the
criteria set forth in its SIP-approved
generic RACT regulation applicable to
Merck. 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
E:\FR\FM\04JAP1.SGM
04JAP1
838
Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Proposed Rules
ebenthall on PROD1PC69 with PROPOSALS
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
VerDate Aug<31>2005
15:20 Jan 03, 2008
Jkt 214001
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 CAA.
This proposed rule also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. 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
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
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 approving the
VOC and NOX RACT determinations for
Merck and Co., Inc. located in
Northumberland County, Pennsylvania,
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, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 19, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7–25641 Filed 1–3–08; 8:45 am]
BILLING CODE 6560–50–P
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04JAP1
]]>Agencies
[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Proposed Rules]
[Pages 836-838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25641]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0534; FRL-8513-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Merck and Co., Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania to establish and
require reasonably available control technology (RACT) for Merck and
Co., Inc. (Merck) located in Northumberland County, Pennsylvania. Merck
is a major source of volatile organic compounds (VOC) and nitrogen
oxides (NOX). This action is being taken under the Clean Air
Act (CAA).
DATES: Written comments must be received on or before February 4, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0534 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2007-0534, Cristina Fernandez, 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 Docket ID No. EPA-R03-OAR-
2007-0534. 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, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information
[[Page 837]]
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
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: On June 13, 2007, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
its SIP. This SIP revision consists of a source-specific operating
permit issued by PADEP to establish and require RACT for Merck pursuant
to Pennsylvania's SIP-approved generic RACT regulations.
I. Background
Pursuant to sections 182(b)(2) and 182(f) of the CAA, the
Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania) is
required to establish and implement RACT for all major VOC and
NOX sources. The major source size is determined by its
location, the classification of that area and whether it is located in
the ozone transport region (OTR). Under section 184 of the CAA, RACT as
specified in sections 182(b)(2) and 182(f), applies throughout the OTR.
The entire Commonwealth is located within the OTR. Therefore, RACT is
applicable statewide in Pennsylvania.
SIP revisions imposing RACT for three classes of VOC sources are
required under section 182(b)(2) of the CAA. 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 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 SIP Revision
Merck is a chemical process facility and is a major source of VOC
and NOX emissions located in Northumberland County,
Pennsylvania. The Commonwealth's submittal consists of an operating
permit (OP-49-0007B) that imposes VOC and NOX RACT
requirements for Merck. PADEP established and imposed these RACT
requirements in accordance with the criteria set forth in its SIP-
approved generic RACT regulations applicable to Merck. In accordance
with its SIP-approved generic RACT rule, the Commonwealth has also
imposed recordkeeping, monitoring, and testing requirements on Merck
sufficient to determine compliance with the applicable RACT
determinations.
III. Proposed Action
EPA is proposing to approve the Pennsylvania SIP revision submitted
by PADEP on June 13, 2007 to establish and require VOC and
NOX RACT for Merck and Co., Inc. (OP-49-0007B) located in
Northumberland County, Pennsylvania, pursuant to the Commonwealth's
SIP-approved generic RACT regulations. EPA is soliciting public
comments on this proposed rule to approve this source-specific RACT
determination established and imposed by PADEP in accordance with the
criteria set forth in its SIP-approved generic RACT regulation
applicable to Merck. 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
[[Page 838]]
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
CAA. This proposed rule also is not subject to Executive Order 13045
(62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. 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 approving the VOC and NOX RACT
determinations for Merck and Co., Inc. located in Northumberland
County, Pennsylvania, 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 19, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7-25641 Filed 1-3-08; 8:45 am]
BILLING CODE 6560-50-P
