	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0534; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 

VOC and NOx RACT Determinations for Merck and Co., Inc.

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania to establish and
require reasonably available control technology (RACT) for Merck and
Co., Inc. (Merck) located in Northumberland County, Pennsylvania.  Merck
is a major source of volatile organic compounds (VOC) and nitrogen
oxides (NOx).  This action is being taken under the Clean Air Act (CAA).


DATES:  Written comments must be received on or before [insert date 30
days from date of publication].  

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2007-0534 by one of the following methods:

www.regulations.gov.  Follow the on-line instructions for submitting
comments.

E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov .

Mail:  EPA- R03-OAR-2007-0534, Cristina Fernandez, 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-2007-0534.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at 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 www.regulations.gov or
e-mail.  The www.regulations.gov website 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 
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
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 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 Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

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

SUPPLEMENTARY INFORMATION:  On June 13, 2007, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
its SIP.  This SIP revision consists of a source-specific operating
permit issued by PADEP to establish and require RACT for Merck pursuant
to Pennsylvania’s SIP-approved generic RACT regulations.   

I.  Background 

Pursuant to sections 182(b)(2) and 182(f) of the CAA, the Commonwealth
of Pennsylvania (the Commonwealth or 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. 

SIP revisions imposing RACT for three classes of VOC sources are
required under section 182(b)(2) of the CAA.  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 and OPs to EPA for
approval as source-specific SIP revisions.  EPA reviews these SIP
revisions to ensure that 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 SIP Revision

Merck is a chemical process facility and is a major source of VOC and
NOx emissions located in Northumberland County, Pennsylvania.  The
Commonwealth(s submittal consists of an operating permit (OP-49-0007B)
that imposes VOC and NOx RACT requirements for Merck.  PADEP established
and imposed these RACT requirements in accordance with the criteria set
forth in its SIP-approved generic RACT regulations applicable to Merck. 
In accordance with its SIP-approved generic RACT rule, the Commonwealth
has also imposed recordkeeping, monitoring, and testing requirements on
Merck sufficient to determine compliance with the applicable RACT
determinations.



III.  Proposed Action

EPA is proposing to approve the Pennsylvania SIP revision submitted by
PADEP on June 13, 2007 to establish and require VOC and NOx RACT for
Merck and Co., Inc. (OP-49-0007B) located in Northumberland County,
Pennsylvania, pursuant to the Commonwealth’s SIP-approved generic RACT
regulations.  EPA is soliciting public comments on this proposed rule to
approve this source-specific RACT determination established and imposed
by PADEP in accordance with the criteria set forth in its SIP-approved
generic RACT regulation applicable to Merck.  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 Fed. Reg. 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 (Public Law 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 requirement, and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This proposed rule also is not subject to
Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves
a state rule implementing a Federal standard.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the CAA.  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 CAA.  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 approving the VOC and NOx RACT
determinations for Merck and Co., Inc. located in Northumberland County,
Pennsylvania, 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 

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



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

     December 19, 2007                                                  
              /s/

                                                                        
         ____________________________

Dated:                                                                  
     Donald S. Welsh,

                                                                        
          Regional Administrator,

                                                                        
          Region III.

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