[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Rules and Regulations]
[Pages 27471-27473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12474]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA203-4207a; FRL-7494-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determinations for Lafayette College

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The 
revision was submitted by the Pennsylvania Department of Environmental 
Protection (PADEP) to establish and require reasonably available 
control technology (RACT) for Lafayette College, Easton Campus, a major 
source of nitrogen oxides (NOX) located in Northampton 
County, Pennsylvania. EPA is approving this revision to establish RACT 
requirements in the SIP in accordance with the Clean Air Act (CAA).

[[Page 27472]]


DATES: This rule is effective on July 21, 2003, without further notice, 
unless EPA receives adverse written comment by June 19, 2003. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Written comments should be mailed to Makeba Morris, Acting 
Branch Chief, Air Quality Planning & Information Services Branch, Air 
Protection Division, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Copies of the documents relevant to this action are available 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; the Air and Radiation Docket 
and Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality Control, PO Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth at (215) 814-2034, or 
via e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

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 volatile organic 
compound (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.

II. Summary of the SIP Revision

    On February 4, 2003, PADEP submitted formal revisions to its SIP to 
establish and impose case-by-case RACT for several major sources of VOC 
and NOX. This rulemaking pertains to one of those sources. 
The other sources are subject to separate rulemaking actions. The RACT 
determinations and requirements in this SIP revision are included in 
the operating permit (OP) issued by PADEP. Lafayette College, Easton 
Campus, is located in the City of Easton, Northampton County, 
Pennsylvania, and is considered a major source of NOX. In 
this instance, RACT has been established and imposed by PADEP in an 
operating permit. On February 4, 2003, PADEP submitted operating permit 
No. OP 48-0034 to EPA as a SIP revision. This operating permit 
incorporates RACT determinations for NOX for the following 
sources: One (1) Titusville boiler; Boiler No. 1; two (2) Keller 
boilers, Boiler Nos. 2 and 3; one (1) Babcock & Wilcox boiler; Boiler 
No. 4; six (6) oil-fired boilers; two (2) gas-fired boilers; seventeen 
(17) natural gas-fired emergency generators; three (3) propane-fired 
emergency generators; twenty-one (21) natural gas-fired water heaters; 
and thirty-seven (37) natural gas-fired hot air furnaces.
    NOX RACT for the two (2) Keeler boilers at maximum heat 
input of 28.44MMBtu/hr. and the one (1) Babcock & Wilcox boiler at 
maximum heat input of 49.0MMBtu/hr., shall be the maintenance and 
operation of the sources according to the manufacturer's specifications 
in accordance with the presumptive RACT emission limitations found in 
25 Pa. Code, Chapter 129.93(b)(2)-(3). The sources shall be operated 
and maintained in accordance with good air pollution control practices. 
NOX RACT for the seventeen (17) natural gas-fired emergency 
generators and the three (3) propane-fired emergency generators shall 
be regulated under the presumptive RACT emission limitations as 
described under 15 Pa. Code, Chapter 129.93(c)(5). Each generator must 
operate less than 500 hours in a consecutive 12-month period. 
Presumptive RACT shall be the maintenance and operation of the sources 
in accordance with the manufacturer's specifications. The sources shall 
also be operated and maintained in accordance with good air pollution 
control practices. NOX RACT for the Titusville boiler at 
maximum heat input of 10.82MMBtu/hr., six (6) oil-fired boilers, two 
(2) natural gas-fired boilers, twenty-one (21) water heaters, and 
thirty-seven (37) hot air heaters shall be regulated under the 
presumptive RACT emission limitations described under 25 Pa. Code, 
Chapter 129.93(c)(1). Each source shall be limited to a maximum heat 
input of 20MMBtu/hr. The sources shall also be operated and maintained 
in accordance with good air pollution control practices. The facility 
shall maintain a file containing all records and other data required to 
be collected pursuant to 25 Pa. Code section 129.95. These records must 
provide sufficient data and calculations to clearly demonstrate that 
the requirements of 25 Pa. Code sections 129.91 through 94 are met. All 
measurements, records and other data required to be maintained by the 
company shall be retained for at least two years following the date on 
which such measurements, records or data are recorded. If requested by 
PADEP, the facility shall perform a stack test in accordance with the 
provisions of 25 Pa. Code Chapter 139 within the time specified by 
PADEP.

III. EPA's Evaluation of the SIP Revision

    EPA is approving this SIP submittal because the Commonwealth 
established and imposed requirements in accordance with the criteria 
set forth in SIP-approved regulations for imposing RACT or for limiting 
a source's potential to emit. The Commonwealth has also imposed record-
keeping, monitoring, and testing requirements on these sources 
sufficient to determine compliance with these requirements.

IV. Final Action

    EPA is approving the revision to the Commonwealth of Pennsylvania's 
SIP which establishes and requires RACT for Lafayette College, Easton 
Campus, (OP 48-0034) located in Northampton County, Pennsylvania. EPA 
is publishing this rule without prior proposal because we view this as 
a noncontroversial amendment and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register, 
EPA is publishing a separate document that will serve as the proposal 
to approve the SIP revision if adverse comments are filed. This direct 
final rule will be effective on July 21, 2003, without further notice 
unless we receive adverse comment by June 19, 2003. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

V. 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

[[Page 27473]]

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 
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 Lafayette College, Easton Campus.

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 July 21, 2003. 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 Commonwealth's source-
specific RACT requirements to control NOX from Lafayette 
College, Easton Campus, 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.

    Dated: April 25, 2003.
Donald S. Welsh,
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. Section 52.2020 is amended by adding paragraph (c)(205) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (205) Revision pertaining to NOX RACT determinations for 
a major source submitted by the Pennsylvania Department of 
Environmental Protection on February 4, 2003:
    (i) Incorporation by reference.
    (A) Letter submitted on February 4, 2003 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific 
NOX RACT determinations.
    (B) Operating Permit (OP) for Lafayette College, Easton Campus, 
Northampton County, OP 48-0034, effective August 18, 1997.
    (ii) Additional Material. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(205)(i) of this 
section.

[FR Doc. 03-12474 Filed 5-19-03; 8:45 am]
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