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:
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
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).

EFFECTIVE
DATE:
This
final
rule
is
effective
on
[
insert
date
30
days
from
date
of
publication].

ADDRESSES:
EPA
has
established
a
docket
for
this
action
under
Docket
ID
Number
EPAR03
OAR­
2005­
0499.
All
documents
in
the
docket
are
listed
in
the
www.
regulations.
gov
website.
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
2
available
either
electronically
through
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,
Pennsylvania
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.
3
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
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
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
4
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
preexisting
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
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
5
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
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
6
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
[
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
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.
7
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
Early,
Acting
Regional
Administrator,
Region
III.
8
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
2.
In
Section
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:

§
52.2020
Identification
of
plan.

*
*
*
*
*

(
d)
*
*
*

(
1)*
*
*

Name
of
source
Permit
number
County
State
effective
date
EPA
approval
date
Additional
explanation/
§
52.2063
citation
*
*
*
*
*
*
*

Pennsylvania
Electric
Company
32­
000­
059
Indiana
12/
29/
94
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
52.2020(
d)(
1)(
n)

The
Harrisburg
Authority
22­
2007
Dauphin
6/
2/
95
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
52.2020(
d)(
1)(
n)
Name
of
source
Permit
number
County
State
effective
date
EPA
approval
date
Additional
explanation/
§
52.2063
citation
9
Texas
Eastern
Transmission
Corp
50­
02001
Perry
4/
12/
99
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
52.2020(
d)(
1)(
n)

Graybec
Lime,
Inc.
OP­
14­
0004
Centre
4/
16/
99
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
52.2020(
d)(
1)(
n)

Techneglas,
Inc.
40­
0009A
Luzerne
1/
29/
95
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
52.2020(
d)(
1)(
n)

*
*
*
*
*
