

[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Rules and Regulations]               
[Page 38993-38995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy06-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0296; FRL-8191-8]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Eight 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 seven major sources of volatile 
organic compounds (VOC) and one source of 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 August 10, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2006-0296. 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: LaKeshia N. Robertson, (215) 814-2113, 
or by e-mail at robertson.lakeshia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 27, 2006 (71 FR 24834), 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 March 27, 
1995, August 1, 1995, January 10, 1996, March 21, 1996, October 18, 
1996, June 22, 1999, and July 28, 1999. These SIP revisions consist of 
source-specific operating permits 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 operating permits (OPs) which are the subject of this 
rulemaking.

                      Pennsylvania.--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                   Operating permit (OP
         Source's name               County         No.) consent order      Source type       ``Major source''
                                                         (CO No.)                                pollutant
----------------------------------------------------------------------------------------------------------------
Carlisle Tire & Rubber Company  Cumberland......  21-2003..............  Specialty Tire    VOC.
                                                                          Manufacturing.
The Carbide/Graphite Group,     Elk.............  OP 24-012............  Graphite          VOC.
 Inc.                                                                     Electrode and
                                                                          Graphite
                                                                          Specialties
                                                                          Manufacturing
                                                                          Facility.
Celotex Corporation...........  Northumberland..  OP 49-0013...........  Fiberboard        VOC.
                                                                          Manufacturing
                                                                          Facility.
American Railcar Industries,    Northumberland..  OP-49-0012...........  Railcar Cleaning  VOC.
 Inc. Shippers Car Line                                                   and
 Division.                                                                Refurbishment
                                                                          Operation.

[[Page 38994]]


ACF...........................  Northumberland..  OP-49-0009...........  Railcar           VOC.
                                                                          Manufacturing
                                                                          Operation.
New Holland North America, Inc  Lancaster.......  36-2028..............  Surface Coating   VOC.
                                                                          Operation.
Allsteel, Inc.................  Luzerne.........  40-0015..............  Metal Furniture   VOC.
                                                                          Coatings.
Ball-Foster Glass Container Co  McKean..........  OP 42-0028...........  Glass Melting     NOX.
                                                                          Furnaces.
----------------------------------------------------------------------------------------------------------------

    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

    DEPA is approving the revisions to the Pennsylvania SIP submitted 
by PADEP on March 27, 1995, August 1, 1995, January 10, 1996, March 21, 
1996, October 18, 1996, June 22, 1999, and July 28, 1999, to establish 
and require VOC and NOX RACT for eight 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 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 eight 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 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, approving source-specific RACT requirements for eight 
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.


[[Page 38995]]


    Dated: June 22, 2006.
William T. Wisniewski,
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 Carlisle Tire & Rubber Company; The Carbide/Graphite 
Group, Inc.; Celotex Corporation; American Railcar Industries, Inc. 
Shippers Car Line Division; ACF; New Holland North America, Inc.; 
Allsteel, Inc.; and Ball-Foster Glass Container Co. at the end of the 
table to read as follows:


Sec.  52.2020  Identification of plan.

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

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

                                                                      * * * * * * *
Carlisle Tire & Rubber Company.....  21-2003....................  Cumberland............      3/10/95  7/11/06 [Insert page   52.2020(d)(1)(t).
                                                                                                        number where the
                                                                                                        document begins].
The Carbide/Graphite Group, Inc....  OP 24-012..................  Elk...................      5/12/95  7/11/06 [Insert page   52.2020(d)(1)(t).
                                                                                                        number where the
                                                                                                        document begins].
Celotex Corporation................  OP 49-0013.................  Northumberland........      6/18/99  7/11/06 [Insert page   52.2020(d)(1)(t).
                                                                                                        number where the
                                                                                                        document begins].
American Railcar Industries, Inc.    OP-49-0012.................  Northumberland........     11/29/95  7/11/06 [Insert page   52.2020(d)(1)(t).
 Shippers Car Line Division.                                                                            number where the
                                                                                                        document begins].
ACF................................  OP-49-0009.................  Northumberland........     12/12/95  7/11/06 [Insert page   52.2020(d)(1)(t).
                                                                                                        number where the
                                                                                                        document begins].
New Holland North America, Inc.....  36-2028....................  Lancaster.............     10/17/95  7/11/06 [Insert page   52.2020(d)(1)(t).
                                                                                                        number where the
                                                                                                        document begins].
Allsteel, Inc......................  40-0015....................  Luzerne...............      5/26/95  7/11/06 [Insert page   52.2020(d)(1)(t).
                                                                                                        number where the
                                                                                                        document begins].
Ball-Foster Glass Container Co.....  OP 42-0028.................  McKean................      3/31/99  7/11/06 [Insert page   52.2020(d)(1)(t).
                                                                                                        number where the
                                                                                                        document begins.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 06-6087 Filed 7-10-06; 8:45 am]

BILLING CODE 6560-50-P
