

[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Rules and Regulations]               
[Page 27394-27396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-3]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-0502; FRL-8168-5]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 six major sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) pursuant 
to the Commonwealth of Pennsylvania's (Pennsylvania's or the 
Commonwealth'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 June 12, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-0502. 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, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 2, 2006 (71 FR 10626), 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, consent orders 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 consent orders (COs) and operating permits (OPs) 
which are the subject of this rulemaking.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                      Operating permit                               ``Major
         Source's name                 County         (OP No.)  Consent        Source type           source''
                                                       order  (CO No.)                              pollutant
----------------------------------------------------------------------------------------------------------------
DLM Foods (formerly Heinz USA).  Allegheny.........  CO 211............  Food Processing.......  NOX
NRG Energy Center (formerly      Allegheny.........  CO 220............  Steam Generation......  NOX
 Pittsburgh Thermal Limited
 Partnership).
Tasty Baking Oxford, Inc.......  Chester...........  OP-15-0104........  Bakery Operations.....  VOC
Silberline Manufacturing         Carbon............  OP-13-0014........  Paint and Lacquers      VOC
 Company.                                                                 Production.
Adhesives Research, Inc........  York..............  OP-67-2007........  Surface Coating.......  VOC
Mohawk Flush Doors, Inc........  Northumberland....  OP-49-0001........  Surface Coating.......  VOC
----------------------------------------------------------------------------------------------------------------

    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 VOC and 
NOX RACT for six 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

[[Page 27395]]

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 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 six 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 July 10, 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 six 
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, Volatile organic 
compounds.

    Dated: April 26, 2006.
Judith Katz,
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 DLM Foods, NRG Energy Center, Tasty Baking Oxford, 
Inc., Silberline Manufacturing Company, Adhesives Research, Inc., and 
Mohawk Flush Doors, Inc., at the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

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

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

                                                                      * * * * * * *
DLM Foods (formerly Heinz USA)....  CO 211                 Allegheny............           6/9/05  5/11/06.............  52.2020(d)(1)(o).
                                                                                                   [Insert page number
                                                                                                    where the document
                                                                                                    begins].
NRG Energy Center (formerly         CO 220                 Allegheny............           6/9/05  5/11/06.............  52.2020(d)(1)(o).
 Pittsburgh Thermal Limited                                                                        [Insert page number
 Partnership).                                                                                      where the document
                                                                                                    begins].
Tasty Baking Oxford, Inc..........  OP-15-0104             Chester..............          5/12/04  5/11/06.............  52.2020(d)(1)(o).
                                                                                                   [Insert page number
                                                                                                    where the document
                                                                                                    begins].
Silberline Manufacturing Company..  OP-13-0014             Carbon...............          4/19/99  5/11/06.............  52.2020(d)(1)(o).
                                                                                                   [Insert page number
                                                                                                    where the document
                                                                                                    begins].
Adhesives Research, Inc...........  OP-67-2007             York.................           7/1/95  5/11/06.............  52.2020(d)(1)(o).
                                                                                                   [Insert page number
                                                                                                    where the document
                                                                                                    begins].
Mohawk Flush Doors, Inc...........  OP-49-0001             Northumberland.......          1/20/99  5/11/06.............  52.2020(d)(1)(o).
                                                                                                   [Insert page number
                                                                                                    where the document
                                                                                                    begins].
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[[Page 27396]]

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[FR Doc. 06-4395 Filed 5-10-06; 8:45 am]

BILLING CODE 6560-50-P
