

[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Rules and Regulations]               
[Page 25070-25072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-5]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-0499; FRL-8162-8]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determinations for Five Individual 
Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve revisions to the 
Commonwealth of 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 and

[[Page 25071]]

nitrogen oxides (NOX) pursuant to the Commonwealth of 
Pennsylvania's SIP-approved generic RACT regulations. EPA is approving 
these revisions in accordance with the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on May 30, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-0499. All documents in the docket are listed in 
the http://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 http://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 Protection, Bureau of Air Quality, P.O. Box 8468, 400 
Market Street, Harrisburg, PA 17105.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On February 27, 2006 (71 FR 9747), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR 
proposed approval of formal SIP revisions submitted by Pennsylvania on 
November 21, 2005. These SIP revisions consist of source-specific 
operating permits and/or plan approvals issued by PADEP to establish 
and require RACT pursuant to the Commonwealth's SIP-approved generic 
RACT regulations. 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
----------------------------------------------------------------------------------------------------------------
                                                     Plan  approval (PA                              ``Major
         Source's name                 County          No.) operating          Source type           source''
                                                       permit (OP No.)                              pollutant
----------------------------------------------------------------------------------------------------------------
Pennsylvania Electric Company..  Indiana...........  32-000-059          Two boilers and four    NOX
                                                                          diesel generators.
The Harrisburg Authority.......  Dauphin...........  22-2007             Two identical           NOX
                                                                          independent mass burn
                                                                          refuse combustion/
                                                                          steam generation
                                                                          units.
Texas Eastern Trasmission Corp.  Perry.............  50-02001            IC engine and two hp    NOX
                                                                          gas turbines.
Graybec Lime, Inc..............  Centre............  OP-14-0004          Three rotary lime       NOX
                                                                          kilns and two waste
                                                                          oil furnaces.
Techneglas, Inc................  Luzerne...........  40-0009A            Three glass melting     NOX
                                                                          furances.
----------------------------------------------------------------------------------------------------------------

    An explanation of the CAA's RACT requirements as they apply to the 
Commonwealth and EPA's rationale for approving these SIP revisions were 
provided in the NPR and will not be restated here. No public comments 
were received on the NPR.

II. Final 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 major sources pursuant to the Commonwealth's SIP-approved 
generic RACT regulations.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 rule also does not 
have tribal implications because it will 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). 
This action also does not have federalism implications because it does 
not 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). 
This action merely approves 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 rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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

[[Page 25072]]

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. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability establishing source-
specific requirements for five named sources.

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 June 27, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 approving source-specific RACT requirements for five 
sources in the Commonwealth of Pennsylvania 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements.

    Dated: April 19, 2006.
William C. Early,
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

0
2. In Sec.  52.2020, the table in paragraph (d)(1) is amended by adding 
the entries for Pennsylvania Electric Company; The Harrisburg 
Authority; Texas Eastern Transmission Corp; Graybec Lime, Inc.; and 
Techneglas, Inc. at the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   State                                   Additional  explanation/ Sec.
           Name of source              Permit No.             County          effective date       EPA approval date               52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Pennsylvania Electric Company......      32-000-059  Indiana................        12/29/94  4/28/06 [Insert page number  52.2020(d)(1)(n)
                                                                                               where the document begins].
The Harrisburg Authority...........         22-2007  Dauphin................          6/2/95  4/28/06 [Insert page number  52.2020(d)(1)(n)
                                                                                               where the document begins].
Texas Eastern Transmission Corp....        50-02001  Perry..................         4/12/99  4/28/06 [Insert page number  52.2020(d)(1)(n)
                                                                                               where the document begins].
Graybec Lime, Inc..................      OP-14-0004  Centre.................         4/16/99  4/28/06 [Insert page number  52.2020(d)(1)(n)
                                                                                               where the document begins].
Techneglas, Inc....................        40-0009A  Luzerne................         1/29/95  4/28/06 [Insert page number   52.2020(d)(1)(n)
                                                                                               where the document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 06-3996 Filed 4-27-06; 8:45 am]

BILLING CODE 6560-50-P
