	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:  Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania (Pennsylvania or the
Commonwealth).  This revision establishes and requires reasonably
available control technology (RACT) for a major source of volatile
organic compound (VOC) and nitrogen oxide (NOx) pursuant to the
Pennsylvania’s  SIP-approved generic RACT regulations.  The VOC and
NOx major source is Merck and Co., Inc. (Merck) located in
Northumberland County, Pennsylvania.  EPA is approving this revision in
accordance with the Clean Air Act (CAA).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2007-0534.  All documents in the docket are listed
in the www.regulations.gov website.   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 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 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:  

I.  Background	

On January 4, 2008 (73 FR 836), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth.  The NPR proposed approval of the
VOC and NOx RACT determinations for Merck.  The formal SIP revision was
submitted by the Pennsylvania Department of Environmental Protection
(PADEP) on June 13, 2007.  

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.  Other requirements to the VOC and NOx RACT
determinations and the rationale for EPA's proposed action are explained
in the NPR and will not be restated here.  No public comments were
received on the NPR.



III.  Final Action

EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP on June 13, 2007. The SIP revisions establish and require VOC and
NOx RACT pursuant to the Commonwealth’s SIP-approved generic RACT
regulations for Merck and Co., Inc. (OP-49-0007B) located in
Northumberland County, Pennsylvania.

IV.   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
(Public Law 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 requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA.  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
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.  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 Merck.

C.  Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [insert date 60 days from date of publication of
this document in the Federal Register].  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 the VOC and NOx RACT determinations for Merck and
Co., Inc. located in Northumberland County, 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

___February 21, 2008                                                
_______/s/___________________    

Dated:                            				Donald S. Welsh,                  
              								Regional Administrator,

                                  					Region III.

40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

1.  The authority citation for part 52 continues to read as follows: 

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

Subpart NN(Pennsylvania

2.  In § 52.2020, the table in paragraph (d)(1) is amended by adding an
entry for   SEQ CHAPTER \h \r 1 Merck and Co., Inc. at the end of the
table to read as follows:  

§ 52.2020  		Identification of plan.

*		*		*		*		*

(d)  *   *   *

(1)  *   *   *

Name of source	County	Permit Number	State effective date	EPA approval
date	Additional explanation/

§ 52.2063 citation

     *     *     *     *     *     *     *

  SEQ CHAPTER \h \r 1 Merck and Co., Inc.	Northumberland	OP-49-0007B
05/16/01	[Insert Federal Register publication date]

[Insert page number where the document begins]	52.2020(d)(1)(v)



	

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