Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Reasonably Available Control Technology Requirements for Volatile Organic Compounds and Nitrogen Oxides, 62891-62893 [E8-25162]
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations
concurrently with operation permits.
EPA has determined that this revision is
approvable under the Act.
(i) Incorporation by reference. The
following sections of the Wisconsin
Administrative Code are incorporated
by reference:
(A) NR 400.02 Definitions. NR
400.02(162)(a)49 and NR
400.02(162)(a)50, as published in the
Wisconsin Administrative Register,
April 30, 2008, No. 628, effective May
1, 2008.
(B) NR 406.04 Direct sources exempt
from construction permit requirements.
NR 406.04(2m)(b) and NR
406.04(2m)(b)(note), as published in the
Wisconsin Administrative Register,
April 30, 2008, No. 628, effective May
1, 2008.
(C) NR 406.15 Relocation of portable
sources. NR 406.15(3)(a), as published
in the Wisconsin Administrative
Register, April 30, 2008, No. 628,
effective May 1, 2008.
(D) NR 407.02 Definitions. NR
407.02(3e), and NR 407.02(4)(b)27, as
published in the Wisconsin
Administrative Register, April 30, 2008,
No. 628, effective May 1, 2008.
(E) NR 407.10 General operation
permits. NR 407.10(4)(a)2 and NR
407.10(4)(a)2(note), as published in the
Wisconsin Administrative Register,
April 30, 2008, No. 628, effective May
1, 2008.
(F) NR 410.03 Application fee. NR
410.03(4), as published in the
Wisconsin Administrative Register,
April 30, 2008, No. 628, effective May
1, 2008.
*
*
*
*
*
[FR Doc. E8–25039 Filed 10–21–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–0379; FRL–8732–3]
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: Final rule.
ebenthall on PROD1PC60 with RULES
AGENCY:
EPA is converting its limited
approval of a State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Pennsylvania
consisting of regulations that require all
SUMMARY:
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major sources of volatile organic
compounds (VOC) and nitrogen oxides
(NOX) to implement reasonably
available control technology (RACT) to
a full approval as they apply throughout
the Commonwealth. In prior final rules,
EPA has fully approved Pennsylvania’s
VOC and NOX RACT regulations for the
Pennsylvania portion of the
Philadelphia-Wilmington-Trenton area,
and for the Pittsburgh-Beaver Valley
area. The intended effect of this action
is to convert EPA’s limited approval of
Pennsylvania’s VOC and NOX RACT
regulations to full approval as they
apply throughout the remainder of the
Commonwealth. This action is being
taken under the Clean Air Act (CAA or
the Act).
DATES: Effective Date: This final rule is
effective on November 21, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2006–0379. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Resources, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Marcia Spink, (215) 814–2104, or by
e-mail at spink.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 4, 1994, the
Pennsylvania Department of
Environmental Protection (DEP)
submitted a revision to the
Pennsylvania SIP, consisting of 25 PA
Code Chapters 129.91 through 129.95, to
require major sources of NOX and major
sources of VOC emissions not covered
by a CTG (non-CTG sources) to
implement RACT. The February 4, 1994
submittal was amended on May 3, 1994
to correct and clarify certain
presumptive NOX RACT requirements
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62891
under Chapter 129.93. On March 23,
1998 (63 FR 13789), EPA granted
conditional limited approval of 25 PA
Code Chapters 129.91 through 129.95,
and removed the conditional aspect of
the approval on May 3, 2001 (66 FR
22123). On October 16, 2001 (66 FR
52533), EPA published a final
rulemaking for the Commonwealth
removing the limited status of its
approval of 25 PA Code Chapters 129.91
through 129.95 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 DEP for
affected major sources of NOX and/or
VOC sources located in the area. In so
doing, EPA converted its limited
approval of 25 PA Code Chapters 129.91
through 129.95 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 25 PA
Code Chapters 129.91 through 129.95 as
it applied in the Pennsylvania portion of
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 DEP for
affected major sources of NOX and/or
VOC sources located in the area. In so
doing, EPA converted its limited
approval of 25 PA Code Chapters 129.91
through 129.95 to full approval as it
applied to that area. That rulemaking
became effective on November 29, 2001.
On August 26, 2008 (73 FR 50267),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed to convert EPA’s limited
approval of 25 PA Code Chapters 129.91
through 129.95 to full approval as they
apply throughout the remainder of the
Commonwealth. EPA is converting its
limited approval of Pennsylvania’s VOC
and NOX RACT regulations to full
approval because EPA has approved all
of the case-by-case RACT
determinations that had been submitted
by Pennsylvania such that there are no
longer any such submissions pending
before EPA. No public comments were
received on the NPR.
II. Future Submissions of Case-by-Case
RACT Determinations
The DEP has submitted and EPA has
approved as SIP revisions case-by-case
RACT determinations for nearly 600
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations
non-CTG and NOX sources in
Pennsylvania pursuant to Pennsylvania
regulations Chapters 129.91–129.95.
(See 40 CFR 52.2020(d) for the list of
sources.) As stated previously, there are
no source-specific RACT determination
submissions from DEP currently
pending before EPA. In the future,
should DEP find it necessary to issue
any additional or revised source-specific
RACT determinations in plan approvals
and/or permits pursuant to the fully
approved Pennsylvania regulations
Chapters 129.91–95 of the Pennsylvania
SIP, those RACT determinations must
still be submitted to EPA for approval as
source-specific SIP revisions. In order
for EPA to consider such submissions
for approval, the DEP must ensure that:
ebenthall on PROD1PC60 with RULES
A. The Sources Are Not Subject to Any
Ctgs or Alternative Control Techniques
(Acts) Issued By EPA for Which
Pennsylvania Has Adopted or Is Due to
Adopt State-Wide Regulations for
Approval as SIP Revisions
Such sources should be subject to any
applicable CTG or ACT regulation. In
addition to the CTG documents issued
between November 15, 1990 and the
date of 1-hour ozone attainment, and the
CTG documents issued prior to
November 15, 1990; EPA issued CTG
and ACT documents in 2006 and 2007.
EPA is also due to issue additional
control technique documents by
September 2008. Pennsylvania is
required to adopt statewide RACT
regulations pursuant to these control
technique documents and is mandated a
schedule for doing so. A source in the
Commonwealth that has been
considered a non-CTG source may no
longer be so defined if their source
category is covered by the 2006, 2007,
or 2008 CTGs or ACTs. At the time DEP
adopts statewide RACT regulations
pursuant to the 2006, 2007, and 2008
CTGs and ACTs, it must address the
applicability of those RACT regulations
to sources previously considered nonCTG sources under regulations 129.91–
129.95.
B. The RACT Plan Approvals and/or
RACT Permits Do Not Relax Any
Previously SIP Approved SourceSpecific RACT Approved for the
Source(s)
Any request by such sources to
modify (relax) their emission rates,
equipments standards, work practice
standards, or conditions on the type or
amount of materials/fuels combusted or
processed; or to seek relief from their
daily, monthly and/or annual emission
caps would not be approvable as RACT
in 2008 or beyond. When such sources
seek relief with the operating conditions
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imposed in their SIP approved RACT
plan approvals or RACT permits
because they have modified to add
additional emission units, or need to
increase operation in light of marketbased demand for their products; RACT
needs to be re-assessed, re-determined
and potentially made more stringent not
less stringent.
C. The RACT Determinations Are Not
To Be Simply Based Upon an Arbitrary
Dollar per Ton Figure in a State
Guidance Document That Is Neither
SIP-Approved Nor Approvable by EPA
The very nature of a non-CTG and/or
source-specific alternative RACT makes
any ‘‘one size fits all’’ dollar per ton
figure inappropriate when determining
and imposing RACT.
D. The RACT Plan Approvals or RACT
Permits Have No Expiration Date
No regulation, plan approval or
permit submitted for approval as a SIP
revision to be incorporated by reference
and made part of a SIP may have an
expiration or sunset provision. By
federal statute, a state is responsible to
implement and enforce all provisions of
its approved SIP at all times.
E. Any RACT Plan Approvals’ or RACT
Permits’ Redactions Are Done in Such a
Way as To Be Able To Read the
Redacted Text
When a plan approval or permit is
issued by DEP to a source, it may
impose additional requirements or
conditions completely unrelated to the
RACT requirements for NOX and/or
VOCs. In those instances, DEP may
submit the plan approval or permit as a
SIP revision with those unrelated
portions of the plan approval or permit
redacted. Those redactions must be
done in such a way as to be able to read
the redacted text. This is necessary to
ensure that the redacted language is not
contrary to the portions being submitted
for approval as RACT, does not render
the RACT portions less stringent, does
not remove or make less stringent any
conditions related to enforcement of
RACT, or make the RACT requirements
subject to change without a SIP revision.
F. When Requesting That RACT Plan
Approvals or RACT Permits Be
Approved as SIP Revisions, the DEP’s
Formal SIP Revision Submissions
Include Signed/Dated Technical
Support Documents or Memoranda
Prepared by DEP in Support of Its RACT
Determinations and the SIP Revision
Requests
Sources in Pennsylvania subject to 25
PA Code Chapters 129.91 through
129.95 are not to send their RACT plan
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Fmt 4700
Sfmt 4700
proposals directly to EPA. Under the
CAA, SIP revision submissions in their
entirety must be submitted by the State
requesting that the SIP be revised. EPA
will consider only the materials
formally submitted by DEP in its SIP
revision request and any comments
submitted during the public comment
period provided by EPA on its proposed
rule when determining its final action to
approve or disapprove a source-specific
SIP revision submitted by DEP pursuant
to 25 PA Code Chapters 129.91 through
129.95.
G. The SIP Revision Submissions Do Not
Include Any Materials That Are
Considered ‘‘Confidential Business
Information’’ in Nature or Entitled to
Any Proprietary Treatment
Moreover, the DEP plan approvals
and permits cannot include conditions
that cite to the source’s RACT Plan
proposal where that proposal includes
materials which the company has
requested be treated as confidential and
proprietary. No materials that are
considered ‘‘confidential business
information’’ in nature or entitled to any
proprietary treatment are to be included
in a SIP revision submittal because the
materials that constitute SIP revisions
are required to be made available to the
public by both the State and EPA.
III. Final Action
EPA is converting its limited approval
of 25 PA Code Chapters 129.91 through
129.95 to a full approval as they apply
throughout the Commonwealth of
Pennsylvania.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
ebenthall on PROD1PC60 with RULES
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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15:16 Oct 21, 2008
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C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 22,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action converting 25 PA
Code Chapters 129.91 through 129.95 to
full approval as they apply throughout
the remainder of the Commonwealth
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: October 9, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
§ 52.2023
[Amended]
2. In § 52.2023, paragraph (k) is
removed and reserved.
■ 3. Section 52.2027 is amended by
adding paragraph (c) to read as follows:
■
§ 52.2027 Approval Status of
Pennsylvania’s Generic NOX and VOC
RACT Rules.
*
*
*
*
*
(c) Effective November 21, 2008, EPA
removes the limited nature of its
approval of 25 PA Code of Regulations,
Chapter 129.91 through 129.95 as those
regulations apply to the following areas:
Adams, Bedford, Berks, Blair, Bradford,
Cambria, Cameron, Carbon, Centre,
Clarion, Clearfield, Clinton, Columbia,
Crawford, Cumberland, Dauphin, Elk,
Erie, Forest, Franklin, Fulton, Greene,
Huntington, Indiana, Jefferson, Juniata,
Lackawanna, Lancaster, Lawrence,
Lebanon, Lehigh, Luzerne, Lycoming,
McKean, Mercer, Mifflin, Monroe,
Montour, Northampton,
Northumberland, Perry, Pike, Potter,
Schuylkill, Snyder, Somerset, Sullivan,
Susquehanna, Tioga, Union, Venango,
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62893
Warren, Wayne, Wyoming, and York
Counties.
[FR Doc. E8–25162 Filed 10–21–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0522; FRL–8731–8]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Major New Source Review for
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is granting limited
approval of a State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Virginia. This
revision action establishes the limited
approval of a State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Virginia on February
12, 2007. The intended effect of this
action is to grant limited approval of the
September 1, 2006 regulatory
amendments to Virginia’s existing new
source review permit program for
owners of sources located or locating in
new source review nonattainment areas.
This action is also providing full
approval of a related SIP revision
submitted by the Commonwealth on
December 16, 2003, pertaining to
amendments made to Virginia’s existing
nonattainment new source review
permit program at that time. This action
is being taken under the Clean Air Act
(CAA or the Act).
DATES: Effective Date: This final rule is
effective on November 21, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0522. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
E:\FR\FM\22OCR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Rules and Regulations]
[Pages 62891-62893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25162]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0379; FRL-8732-3]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is converting its limited approval of a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania consisting of regulations that require all major sources
of volatile organic compounds (VOC) and nitrogen oxides
(NOX) to implement reasonably available control technology
(RACT) to a full approval as they apply throughout the Commonwealth. In
prior final rules, EPA has fully approved Pennsylvania's VOC and
NOX RACT regulations for the Pennsylvania portion of the
Philadelphia-Wilmington-Trenton area, and for the Pittsburgh-Beaver
Valley area. The intended effect of this action is to convert EPA's
limited approval of Pennsylvania's VOC and NOX RACT
regulations to full approval as they apply throughout the remainder of
the Commonwealth. This action is being taken under the Clean Air Act
(CAA or the Act).
DATES: Effective Date: This final rule is effective on November 21,
2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0379. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Pennsylvania Department of Environmental Resources, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Marcia Spink, (215) 814-2104, or by e-
mail at spink.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 4, 1994, the Pennsylvania Department of Environmental
Protection (DEP) submitted a revision to the Pennsylvania SIP,
consisting of 25 PA Code Chapters 129.91 through 129.95, to require
major sources of NOX and major sources of VOC emissions not
covered by a CTG (non-CTG sources) to implement RACT. The February 4,
1994 submittal was amended on May 3, 1994 to correct and clarify
certain presumptive NOX RACT requirements under Chapter
129.93. On March 23, 1998 (63 FR 13789), EPA granted conditional
limited approval of 25 PA Code Chapters 129.91 through 129.95, and
removed the conditional aspect of the approval on May 3, 2001 (66 FR
22123). On October 16, 2001 (66 FR 52533), EPA published a final
rulemaking for the Commonwealth removing the limited status of its
approval of 25 PA Code Chapters 129.91 through 129.95 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 DEP for affected major sources of
NOX and/or VOC sources located in the area. In so doing, EPA
converted its limited approval of 25 PA Code Chapters 129.91 through
129.95 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 25 PA Code Chapters 129.91
through 129.95 as it applied in the Pennsylvania portion of 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
DEP for affected major sources of NOX and/or VOC sources
located in the area. In so doing, EPA converted its limited approval of
25 PA Code Chapters 129.91 through 129.95 to full approval as it
applied to that area. That rulemaking became effective on November 29,
2001.
On August 26, 2008 (73 FR 50267), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed to convert EPA's limited approval of 25 PA Code Chapters
129.91 through 129.95 to full approval as they apply throughout the
remainder of the Commonwealth. EPA is converting its limited approval
of Pennsylvania's VOC and NOX RACT regulations to full
approval because EPA has approved all of the case-by-case RACT
determinations that had been submitted by Pennsylvania such that there
are no longer any such submissions pending before EPA. No public
comments were received on the NPR.
II. Future Submissions of Case-by-Case RACT Determinations
The DEP has submitted and EPA has approved as SIP revisions case-
by-case RACT determinations for nearly 600
[[Page 62892]]
non-CTG and NOX sources in Pennsylvania pursuant to
Pennsylvania regulations Chapters 129.91-129.95. (See 40 CFR 52.2020(d)
for the list of sources.) As stated previously, there are no source-
specific RACT determination submissions from DEP currently pending
before EPA. In the future, should DEP find it necessary to issue any
additional or revised source-specific RACT determinations in plan
approvals and/or permits pursuant to the fully approved Pennsylvania
regulations Chapters 129.91-95 of the Pennsylvania SIP, those RACT
determinations must still be submitted to EPA for approval as source-
specific SIP revisions. In order for EPA to consider such submissions
for approval, the DEP must ensure that:
A. The Sources Are Not Subject to Any Ctgs or Alternative Control
Techniques (Acts) Issued By EPA for Which Pennsylvania Has Adopted or
Is Due to Adopt State-Wide Regulations for Approval as SIP Revisions
Such sources should be subject to any applicable CTG or ACT
regulation. In addition to the CTG documents issued between November
15, 1990 and the date of 1-hour ozone attainment, and the CTG documents
issued prior to November 15, 1990; EPA issued CTG and ACT documents in
2006 and 2007. EPA is also due to issue additional control technique
documents by September 2008. Pennsylvania is required to adopt
statewide RACT regulations pursuant to these control technique
documents and is mandated a schedule for doing so. A source in the
Commonwealth that has been considered a non-CTG source may no longer be
so defined if their source category is covered by the 2006, 2007, or
2008 CTGs or ACTs. At the time DEP adopts statewide RACT regulations
pursuant to the 2006, 2007, and 2008 CTGs and ACTs, it must address the
applicability of those RACT regulations to sources previously
considered non-CTG sources under regulations 129.91-129.95.
B. The RACT Plan Approvals and/or RACT Permits Do Not Relax Any
Previously SIP Approved Source-Specific RACT Approved for the Source(s)
Any request by such sources to modify (relax) their emission rates,
equipments standards, work practice standards, or conditions on the
type or amount of materials/fuels combusted or processed; or to seek
relief from their daily, monthly and/or annual emission caps would not
be approvable as RACT in 2008 or beyond. When such sources seek relief
with the operating conditions imposed in their SIP approved RACT plan
approvals or RACT permits because they have modified to add additional
emission units, or need to increase operation in light of market-based
demand for their products; RACT needs to be re-assessed, re-determined
and potentially made more stringent not less stringent.
C. The RACT Determinations Are Not To Be Simply Based Upon an Arbitrary
Dollar per Ton Figure in a State Guidance Document That Is Neither SIP-
Approved Nor Approvable by EPA
The very nature of a non-CTG and/or source-specific alternative
RACT makes any ``one size fits all'' dollar per ton figure
inappropriate when determining and imposing RACT.
D. The RACT Plan Approvals or RACT Permits Have No Expiration Date
No regulation, plan approval or permit submitted for approval as a
SIP revision to be incorporated by reference and made part of a SIP may
have an expiration or sunset provision. By federal statute, a state is
responsible to implement and enforce all provisions of its approved SIP
at all times.
E. Any RACT Plan Approvals' or RACT Permits' Redactions Are Done in
Such a Way as To Be Able To Read the Redacted Text
When a plan approval or permit is issued by DEP to a source, it may
impose additional requirements or conditions completely unrelated to
the RACT requirements for NOX and/or VOCs. In those
instances, DEP may submit the plan approval or permit as a SIP revision
with those unrelated portions of the plan approval or permit redacted.
Those redactions must be done in such a way as to be able to read the
redacted text. This is necessary to ensure that the redacted language
is not contrary to the portions being submitted for approval as RACT,
does not render the RACT portions less stringent, does not remove or
make less stringent any conditions related to enforcement of RACT, or
make the RACT requirements subject to change without a SIP revision.
F. When Requesting That RACT Plan Approvals or RACT Permits Be Approved
as SIP Revisions, the DEP's Formal SIP Revision Submissions Include
Signed/Dated Technical Support Documents or Memoranda Prepared by DEP
in Support of Its RACT Determinations and the SIP Revision Requests
Sources in Pennsylvania subject to 25 PA Code Chapters 129.91
through 129.95 are not to send their RACT plan proposals directly to
EPA. Under the CAA, SIP revision submissions in their entirety must be
submitted by the State requesting that the SIP be revised. EPA will
consider only the materials formally submitted by DEP in its SIP
revision request and any comments submitted during the public comment
period provided by EPA on its proposed rule when determining its final
action to approve or disapprove a source-specific SIP revision
submitted by DEP pursuant to 25 PA Code Chapters 129.91 through 129.95.
G. The SIP Revision Submissions Do Not Include Any Materials That Are
Considered ``Confidential Business Information'' in Nature or Entitled
to Any Proprietary Treatment
Moreover, the DEP plan approvals and permits cannot include
conditions that cite to the source's RACT Plan proposal where that
proposal includes materials which the company has requested be treated
as confidential and proprietary. No materials that are considered
``confidential business information'' in nature or entitled to any
proprietary treatment are to be included in a SIP revision submittal
because the materials that constitute SIP revisions are required to be
made available to the public by both the State and EPA.
III. Final Action
EPA is converting its limited approval of 25 PA Code Chapters
129.91 through 129.95 to a full approval as they apply throughout the
Commonwealth of Pennsylvania.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 62893]]
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action converting 25 PA Code Chapters
129.91 through 129.95 to full approval as they apply throughout the
remainder of the Commonwealth may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: October 9, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
Sec. 52.2023 [Amended]
0
2. In Sec. 52.2023, paragraph (k) is removed and reserved.
0
3. Section 52.2027 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2027 Approval Status of Pennsylvania's Generic NOX
and VOC RACT Rules.
* * * * *
(c) Effective November 21, 2008, EPA removes the limited nature of
its approval of 25 PA Code of Regulations, Chapter 129.91 through
129.95 as those regulations apply to the following areas: Adams,
Bedford, Berks, Blair, Bradford, Cambria, Cameron, Carbon, Centre,
Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin,
Elk, Erie, Forest, Franklin, Fulton, Greene, Huntington, Indiana,
Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh,
Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour,
Northampton, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder,
Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Wayne,
Wyoming, and York Counties.
[FR Doc. E8-25162 Filed 10-21-08; 8:45 am]
BILLING CODE 6560-50-P
