ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R03­
OAR­
2005­
0499;
FRL­
]

Approval
and
Promulgation
of
Air
Quality
Implementation
Plans;
Pennsylvania;
NOx
RACT
Determinations
for
Five
Individual
Sources
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

SUMMARY:
EPA
proposes
to
approve
revisions
to
the
Pennsylvania
State
Implementation
Plan
(
SIP).
The
revisions
were
submitted
by
the
Pennsylvania
Department
of
Environmental
Protection
(
PADEP)
to
establish
and
require
reasonably
available
control
technology
(
RACT)
for
five
major
sources
of
nitrogen
oxides
(
NOx)
pursuant
to
the
Commonwealth
of
Pennsylvania's
(
Pennsylvania
or
the
Commonwealth)
SIP­
approved
generic
RACT
regulations.
EPA
is
proposing
to
approve
these
revisions
in
accordance
with
the
Clean
Air
Act
(
CAA).

DATES:
Written
comments
must
be
received
on
or
before
[
insert
date
30
days
from
date
of
publication].

ADDRESSES:
Submit
your
comments,
identified
by
Docket
ID
Number
EPA­
R03­
OAR­
2005­

0499
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
2005­
0499,
Makeba
Morris,
Chief,
Air
Quality
Planning
Branch,
Mailcode
3AP21,
U.
S.
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania
19103.
2
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
2005­
0499.
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
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,
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.
3
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,
P.
O.
Box
8468,
400
Market
Street,
Harrisburg,
Pennsylvania
17105.

FOR
FURTHER
INFORMATION
CONTACT:
LaKeshia
N.
Robertson,
(
215)
814­
2113,
or
by
e­
mail
at
robertson.
lakeshia@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
On
November
21,
2005,
PADEP
submitted
revisions
to
the
Pennsylvania
SIP.
These
SIP
revisions
consist
of
source­
specific
operating
permits
and/
or
plan
approvals
issued
by
PADEP
to
establish
and
require
RACT
for
five
sources
pursuant
to
Pennsylvania's
SIP­
approved
generic
RACT
regulations.

I.
Background
Pursuant
to
sections
182(
b)(
2)
and
182(
f)
of
the
CAA,
Pennsylvania
is
required
to
establish
and
implement
RACT
for
all
major
VOC
and
NOx
sources.
The
major
source
size
is
determined
by
its
location,
the
classification
of
that
area
and
whether
it
is
located
in
the
ozone
transport
region
(
OTR).
Under
section
184
of
the
CAA,
RACT
as
specified
in
sections
182(
b)(
2)
and
182(
f)

applies
throughout
the
OTR.
The
entire
Commonwealth
is
located
within
the
OTR.
Therefore,
4
RACT
is
applicable
statewide
in
Pennsylvania.

State
implementation
plan
revisions
imposing
RACT
for
three
classes
of
VOC
sources
are
required
under
section
182(
b)(
2).
The
categories
are:

(
1)
All
sources
covered
by
a
Control
Technique
Guideline
(
CTG)
document
issued
between
November
15,
1990
and
the
date
of
attainment;

(
2)
All
sources
covered
by
a
CTG
issued
prior
to
November
15,
1990;
and
(
3)
All
major
non­
CTG
sources.

The
Pennsylvania
SIP
already
has
approved
RACT
regulations
and
requirements
for
all
sources
and
source
categories
covered
by
the
CTGs.
The
Pennsylvania
SIP
also
has
approved
regulations
to
require
major
sources
of
NOx
and
additional
major
sources
of
VOC
emissions
(
not
covered
by
a
CTG)
to
implement
RACT.
These
regulations
are
commonly
termed
the
"
generic
RACT
regulations".
A
generic
RACT
regulation
is
one
that
does
not,
itself,
specifically
define
RACT
for
a
source
or
source
categories
but
instead
establishes
procedures
for
imposing
case­
by­
case
RACT
determinations.
The
Commonwealth's
SIP­
approved
generic
RACT
regulations
consist
of
the
procedures
PADEP
uses
to
establish
and
impose
RACT
for
subject
sources
of
VOC
and
NOx.

Pursuant
to
the
SIP­
approved
generic
RACT
rules,
PADEP
imposes
RACT
on
each
subject
source
in
an
enforceable
document,
usually
a
Plan
Approval
(
PA)
or
Operating
Permit
(
OP).
The
Commonwealth
then
submits
these
PAs
and
OPs
to
EPA
for
approval
as
source­
specific
SIP
revisions.
EPA
reviews
these
SIP
revisions
to
ensure
that
the
Pennsylvania
DEP
has
determined
and
imposed
RACT
in
accordance
with
the
provisions
of
the
SIP­
approved
generic
RACT
rules.
5
It
must
be
noted
that
the
Commonwealth
has
adopted
and
is
implementing
additional
"
post
RACT
requirements"
to
reduce
seasonal
NOx
emissions
in
the
form
of
a
NOx
cap
and
trade
regulation,

25
Pa
Code
Chapters
121
and
123,
based
upon
a
model
rule
developed
by
the
States
in
the
OTR.

That
regulation
was
approved
as
SIP
revision
on
June
6,
2000
(
65
FR
35842).
Pennsylvania
has
also
adopted
25
Pa
Code
Chapter
145
to
satisfy
Phase
I
of
the
NOx
SIP
call.
That
regulation
was
approved
as
a
SIP
revision
on
August
21,
2001
(
66
FR
43795).
Federal
approval
of
a
sourcespecific
RACT
determination
for
a
major
source
of
NOx
in
no
way
relieves
that
source
from
any
applicable
requirements
found
in
25
PA
Code
Chapters
121,
123
and
145.

II.
Summary
of
the
SIP
Revisions
The
following
table
identifies
the
sources
and
the
individual
plan
approvals
(
PAs)
and
operating
permits
(
OPs)
which
are
the
subject
of
this
rulemaking.

PENNSYLVANIA
­
VOC
AND
NOx
RACT
DETERMINATIONS
FOR
INDIVIDUAL
SOURCES
SOURCE'S
NAME
COUNTY
Plan
Approval
(
PA
#)
Operating
Permit
(
OP
#)
SOURCE
TYPE
"
MAJOR
SOURCE"
POLLUTANT
Pennsylvania
Electric
Company
Indiana
32­
000­
059
Two
boilers
and
four
diesel
generators
NOx
The
Harrisburg
Authority
Dauphin
22­
2007
Two
identical
independent
mass
burn
refuse
combustion/
steam
generation
units
NOx
6
Texas
Eastern
Transmission
Corp.
Perry
50­
02001
IC
engine
and
two
hp
gas
turbines
NOx
Graybec
Lime,
Inc.
Centre
OP­
14­
0004
Three
rotary
lime
kilns
and
two
waste
oil
furnaces
NOx
Techneglas,
Inc.
Luzerne
40­
0009A
Three
glass
melting
furnaces
NOx
Interested
parties
are
advised
that
copies
of
Pennsylvania's
SIP
submittals
for
these
sources,

including
the
actual
PAs
and
OPs
imposing
RACT,
PADEP's
evaluation
memoranda
and
the
sources'
RACT
proposals
(
referenced
in
PADEP's
evaluation
memoranda)
are
included
and
may
be
viewed
in
their
entirety
in
both
the
electronic
and
hard
copy
versions
of
the
docket
for
this
final
rule.

As
previously
stated,
all
documents
in
the
electronic
docket
are
listed
in
the
www.
regulations.
gov
index.
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,
P.
O.
Box
8468,
400
Market
Street,
Harrisburg,
Pennsylvania
17105.

EPA
is
approving
these
RACT
SIP
submittals
because
PADEP
established
and
imposed
these
RACT
requirements
in
accordance
with
the
criteria
set
forth
in
its
SIP­
approved
generic
RACT
regulations
applicable
to
these
sources.
In
accordance
with
its
SIP­
approved
generic
RACT
rule,
the
Commonwealth
has
also
imposed
record­
keeping,
monitoring,
and
testing
requirements
on
these
sources
sufficient
to
determine
compliance
with
the
applicable
RACT
determinations.
7
III.
Proposed
Action
EPA
is
approving
the
revisions
to
the
Pennsylvania
SIP
submitted
by
PADEP
on
November
21,

2005
to
establish
and
require
NOx
RACT
for
five
sources
pursuant
to
the
Commonwealth's
SIPapproved
generic
RACT
regulations.
EPA
is
soliciting
public
comments
on
this
proposed
rule
to
approve
these
source­
specific
RACT
determinations
established
and
imposed
by
PADEP
in
accordance
with
the
criteria
set
forth
in
its
SIP­
approved
generic
RACT
regulations
applicable
to
these
sources.
These
comments
will
be
considered
before
taking
final
action.

IV.
Statutory
and
Executive
Order
Reviews
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
proposed
action
is
not
a
"
significant
regulatory
action"
and
therefore
is
not
subject
to
review
by
the
Office
of
Management
and
Budget.
For
this
reason,
this
action
is
also
not
subject
to
Executive
Order
13211,
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
(
66
Fed.

Reg.
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
(
Public
Law
104­
4).
This
proposed
rule
also
does
not
8
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
by
Executive
Order
13175
(
65
FR
67249,

November
9,
2000),
nor
will
it
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132
(
64
FR
43255,

August
10,
1999),
because
it
merely
proposes
to
approve
a
state
rule
implementing
a
Federal
standard,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Clean
Air
Act.
This
proposed
rule
also
is
not
subject
to
Executive
Order
13045
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.

In
reviewing
SIP
submissions,
EPA's
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
Clean
Air
Act.
In
this
context,
in
the
absence
of
a
prior
existing
requirement
for
the
State
to
use
voluntary
consensus
standards
(
VCS),
EPA
has
no
authority
to
disapprove
a
SIP
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,
when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
submission
that
otherwise
satisfies
the
provisions
of
the
Clean
Air
Act.
Thus,
the
requirements
of
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
15
U.
S.
C.
272
note)
do
not
apply.
As
required
by
section
3
of
Executive
Order
12988
(
61
FR
4729,
February
7,
1996),
in
issuing
this
proposed
rule,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
errors
and
ambiguity,
minimize
potential
litigation,

and
provide
a
clear
legal
standard
for
affected
conduct.
EPA
has
complied
with
Executive
Order
12630
(
53
FR
8859,
March
15,
1988)
by
examining
the
takings
implications
of
the
rule
in
accordance
with
the
"
Attorney
General's
Supplemental
Guidelines
for
the
Evaluation
of
Risk
and
9
Avoidance
of
Unanticipated
Takings"
issued
under
the
executive
order.

This
proposed
rule,
to
approve
five
source­
specific
RACT
determinations,
established
and
imposed
by
the
Commonwealth
of
Pennsylvania
pursuant
to
its
SIP­
approved
generic
RACT
regulations
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).
10
List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Nitrogen
dioxide,
Ozone,
Reporting
and
recordkeeping
requirements.

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

/
s/
___________________________
____________________________
Dated:
February
15,
2006
Donald
S.
Welsh,
Regional
Administrator,
Region
III.
