

[Federal Register: May 4, 2006 (Volume 71, Number 86)]
[Proposed Rules]               
[Page 26297-26299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my06-27]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0280; FRL-8165-5]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 seven major sources of volatile organic compounds (VOC) and 
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 June 5, 2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0280 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    B. E-mail: morris.makeba@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0280, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    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-
2006-0280. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 

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 http://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 
http://www.regulations.gov index. 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 http://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.

[[Page 26298]]

Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Pauline De Vose, (215) 814-2186, or by 
e-mail at devose.pauline@epa.gov.

SUPPLEMENTARY INFORMATION: On February 4, 2003 and 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 sixteen individual 
sources on February 4, 2003, and sixteen individual sources on November 
21, 2005 pursuant to Pennsylvania's SIP-approved generic RACT 
regulations. This proposed rulemaking covers the Commonwealth's source-
specific RACT determinations for seven of those sources. The remaining 
RACT determinations submitted by PADEP on February 4, 2003 and November 
21, 2005 will be the subject of separate rulemakings.

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, 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, or OPs to EPA for approval as source-specific SIP 
revisions. EPA reviews these SIP revisions to ensure that the PADEP has 
determined and imposed RACT in accordance with the provisions of the 
SIP-approved generic RACT rules.
    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 a 
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 source-specific 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 
operating permits (OPs) which are the subject of this rulemaking.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                        Operating
         Source's name                 County          permit  (OP       Source type         ``Major source''
                                                       )                               pollutant
----------------------------------------------------------------------------------------------------------------
The Frog, Switch &               Cumberland........         21-2011  Manganese Steel     VOC.
 Manufacturing Co.                                                    and Castings
                                                                      Foundry.
Armstrong World Industries, Inc  Lancaster.........         36-2002  Sheet and Flooring  VOC and NOX.
                                                                      Products
                                                                      Manufacturer.
Merck & Co., Inc...............  Northumberland....        49-0007B  Chemical Process    VOC and NOX.
                                                                      Facility.
Peoples Natural Gas Company....  Clarion...........          16-124  Natural Gas         VOC and NOX.
                                                                      Compressor.
Dart Container Corporation.....  Lancaster.........         36-2015  Expanded            VOC and NOX.
                                                                      Polystyrene
                                                                      Manufacturing
                                                                      Facility.
AT&T Microelectronics..........  Lehigh............         39-0001  Semiconductors      VOC and NOX.
                                                                      Manufacturing.
West Penn Power Co.............  Greene............      30-000-099  Power Plant.......  VOC and NOX.
----------------------------------------------------------------------------------------------------------------

    Interested parties are advised that copies of Pennsylvania's SIP 
submittals for these sources, including the actual 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 http://www.regulations.gov 

index. Publicly available docket materials are available either 
electronically in http://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 recordkeeping, 
monitoring, and testing requirements on these sources sufficient to 
determine compliance with the applicable RACT determinations.

[[Page 26299]]

III. Proposed Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP on February 4, 2003 and November 21, 2005 to establish and 
require VOC and NOX RACT for seven individual sources 
pursuant to the Commonwealth's SIP-approved 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 FR 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 (Pub. L. 104-4). This proposed rule also does 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), 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 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule to approve seven 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

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

    Dated: April 24, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-6771 Filed 5-3-06; 8:45 am]

BILLING CODE 6560-50-P
