

[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Rules and Regulations]               
[Page 39572-39574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy06-22]                         

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-PA-0007; FRL-8192-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determination for Koppers Industry, 
Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. The revision was 
submitted by the Pennsylvania Department of Environmental Protection 
(PADEP) to establish and require reasonably available control 
technology (RACT) for Koppers Industry, Inc. located in Lycoming 
County. EPA is approving this revision to establish RACT requirements 
in the SIP in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on August 14, 2006.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID Number R03-OAR-2005-PA-0007. 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

[[Page 39573]]

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 August 30, 2004, the PADEP submitted formal SIP revisions to 
establish RACT for 15 sources located in Pennsylvania. On March 31, 
2005 (70 FR 16423), EPA published a direct final rule (DFR) approving 
revisions to PADEP issued operating permits (OP) and plan approvals 
(PA) for these 15 sources. A description of these revisions and EPA's 
rationale for approving them were provided in the March 31, 2005 
rulemaking and will not be restated herein. In accordance with direct 
final rulemaking procedures, on March 31, 2005 (70 FR 16471), EPA also 
published a companion notice of proposed rulemaking for these SIP 
revisions, inviting interested parties to comment on the DFR. On April 
29, 2005, EPA received an adverse comment on its approval of the 
nitrogen oxides (NOX) RACT determination for Koppers 
Industry, Inc (OP-41-0008). Due to the receipt of the adverse comment 
on the Koppers Industry, Inc. RACT determination, EPA published a 
partial withdrawal of the direct final rule on May 26, 2005 (70 FR 
30377). This withdrawal applied to the Koppers facility only.
    EPA received no adverse comments on its approval of RACT 
determination for the remaining 14 sources, and, therefore, EPA's March 
31, 2005 DFR approving PADEP's RACT determination for the other 14 
sources became effective on May 31, 2005.

II. Final Action

    On May 18, 2006, Koppers, Inc. sent an e-mail requesting the 
withdrawal of the adverse comment submitted on April 29, 2005. EPA is 
now approving PADEP's RACT determination for Koppers Inc., located in 
Lycoming County.

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 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 one named source.

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 September 11, 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, pertaining to RACT for Koppers Industry, Lycoming 
County may not be challenged later in proceedings to enforce its 
requirement. (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: June 26, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

[[Page 39574]]

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 entry for Koppers Industries, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Koppers Industry, Inc..............  OP-41-0008............  Lycoming.............         3/30/99  7/13/06...............  52.2020(d)(1)(s).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 06-6189 Filed 7-12-06; 8:45 am]

BILLING CODE 6560-50-P
