[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Rules and Regulations]
[Pages 65846-65849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA203-4217a; FRL-7588-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determinations for Hercules Cement 
Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Commonwealth of Pennsylvania's 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 Hercules Cement Company. 
Hercules Cement Company is a major source of nitrogen oxides 
(NOX) located in Northampton County, Pennsylvania. EPA is 
approving these revisions to establish RACT requirements in the SIP in 
accordance with the Clean Air Act (CAA).

DATES: This rule is effective on January 23, 2004 without further 
notice, unless EPA receives adverse written comment by December 24, 
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: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part IV of the 
Supplementary Information section. 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,

[[Page 65847]]

DC 20460; and Pennsylvania Department of Environmental Protection, 
Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail [email protected]">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 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 SIP Revision

    On August 15, 2003, the Pennsylvania Department of Environmental 
Protection (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 an 
operating permit (OP) issued by PADEP.
    Hercules Cement Company owns and operates a Portland Cement 
producing facility located in Stokertown Borough, 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 August 15, 2003, PADEP submitted operating permit 
No. 48-0005A to EPA as a SIP revision. This operating permit addresses 
three Raw Mills, two HB Smith Boilers, and Cement Kilns 1 and 3.
    NOX RACT for the three Raw Mills and the two HB Smith 
Boilers shall be the installation, maintenance and operation of these 
sources according to the manufacturer's specifications also in 
accordance with the emission limitations in 25 Pa. Code Chapter 
129.93(c)(1). The facility will maintain records of these sources in 
accordance with the recordkeeping requirements of 25 Pa. Code Chapter 
129.95.
    The allowable NOX emissions limit established for both 
the operation of Cement Kilns 1 and 3, including the No. 1 preheater 
Cement Kiln, is 492.0 pounds per hour on a 30-day rolling average. 
Continuous emission monitors (CEM) shall be installed, operated and 
maintained to monitor NOX emissions for Cement Kilns 1 and 
3. Continuous monitoring shall be conducted in accordance with 25 Pa. 
Code Chapter 139 and 40 CFR part 60, subpart F. The recordkeeping and 
reporting requirements for the facility is to maintain a file 
containing all records and other data to be collected pursuant to the 
various provisions of the operating permit for Cement Kilns 1 and 3. 
This file shall include, but is not limited to, all air pollution 
control system performance evaluations and records of calibration 
checks, adjustments and maintenance performed on all equipment which is 
subject to this operating permit. All measurements, records and other 
data required to be maintained by the facility shall be retained for at 
least two years following the date on which such measurements, records 
or data are recorded. In addition, all CEM reports shall be submitted 
to PADEP within 30 days after each quarter but not later than the time 
frame established in PADEP's latest Continuous Source Manual.

III. EPA's Evaluation of the SIP Revisions

    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 
recordkeeping, monitoring, and testing requirements on these sources 
sufficient to determine compliance with these requirements.

IV. Final Action

    EPA is approving revisions to the Commonwealth of Pennsylvania's 
SIP which establish and require RACT for Hercules Cement Company (48-
0005A) 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 January 23, 2004 without further notice 
unless we receive adverse comment by December 24, 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.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number PA203-4217 in the subject line on the first page 
of your comment. Please ensure that your comments are submitted within 
the specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention: PA203-4217. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed.

[[Page 65848]]

Please follow the online instructions for submitting comments. The 
system is an ``anonymous access'' system, which means EPA will not know 
your identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

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 (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

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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 Hercules Cement Company.

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 January 23, 2004. 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 Pennsylvania's NOX 
RACT determinations for Hercules Cement Company, 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, Reporting and recordkeeping requirements.

    Dated: November 10, 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)(217) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (217) Revisions to the Pennsylvania Regulations pertaining to 
NOX RACT for a major source submitted on August 15, 2003 by 
the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of August 15, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations.
    (B) Operating Permit (OP) for Hercules Cement Company, Northampton 
County, 48-0005A, effective April 16, 1999.
    (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)(217)(i)(B) of 
this section.

[FR Doc. 03-29174 Filed 11-21-03; 8:45 am]
BILLING CODE 6560-50-P