[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22257-22259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8609]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-PA-0012; FRL-7905-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; NOX RACT Determination for the Naval Surface 
Warfare Center, Caderock Division Ship Systems Engineering Station

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 the Naval Surface Warfare 
Center, Caderock Division Ship Systems Engineering Station (NSWCCD-
SSES), a major source of nitrogen oxides (NOX). This source 
is located in Pennsylvania. The EPA is approving this revision to 
establish RACT requirements in the SIP in accordance with the Clean Air 
Act (CAA).

DATES: This rule is effective on June 28, 2005 without further notice, 
unless EPA receives adverse written comment by May 31, 2005. 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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-PA-0012 by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2005-PA-0012, Dave Campbell, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. 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 RME ID No. R03-OAR-2005-PA-
0012. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
http://www.docket.epa.gov/rmepub/, 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 RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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 
RME index at http://www.docket.epa.gov/rmepub/. 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 RME 
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, P.O. Box 8468, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by 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 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.
    State implementation plan revisions imposing RACT for three classes 
of VOC sources are required under section 182(b)(2). The categories 
are:
    (1) All sources covered by a Control Technique Guideline (CTG) 
document

[[Page 22258]]

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.
    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 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.
    On January 27, 2005, PADEP submitted revisions to the Pennsylvania 
SIP which establish and impose RACT for NSWCCD-SSES, a source of 
NOX. The Commonwealth's submittals consist of PAs and OPs 
which impose NOX RACT requirements for each source.

II. Summary of the SIP Revisions

    Copies of the actual PAs and OPs imposing RACT and PADEP's 
evaluation memorandum are included in the electronic and hard copy 
docket for this final rule. As previously stated, all documents in the 
electronic docket are listed in the RME index at http://www.docket.epa.gov/rmepub/. Publicly available docket materials are 
available either electronically in RME 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, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105. The table below identifies the sources and the individual plan 
approvals (PAs) and operating permits (OPs) which are the subject of 
this rulemaking.

                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                    Plan approval (PA
             Source                    County         No.) operating      Source type        ``Major  source''
                                                     permit  (OP No.)                            pollutant
----------------------------------------------------------------------------------------------------------------
Naval Surface Warfare Center,    Philadelphia.....  PA-04108.........  Oil/Natural Gas    NOX.
 Caderock Division Ship Systems                                         Boilers.
 Engineering Station.
----------------------------------------------------------------------------------------------------------------

    EPA is approving these RACT SIP submittals because PADEP 
established and imposed these RACT requirements in accordance with the 
criteria set forth in its SIP-approved generic RACT regulations 
applicable to these sources. The Commonwealth has also imposed record-
keeping, monitoring, and testing requirements on these sources 
sufficient to determine compliance with the applicable RACT 
determinations.

III. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP to establish and require NOX RACT for NSWCCD-SSES. EPA 
is publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates 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 rule will be effective on June 28, 2005 without further notice 
unless EPA receives adverse comment by May 31, 2005. 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.

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

[[Page 22259]]

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 
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 NSWCCD-SSES.

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 June 28, 2005. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving source-specific RACT requirements for NSWCCD-SSES in the 
Commonwealth of Pennsylvania 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 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.

    Dated: April 20, 2005.
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. In Sec.  52.2020, the table in paragraph (d)(1) is amended by adding 
the entry for Naval Surface Warfare Center, Caderock Division Ship 
Systems Engineering Station at the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

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

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                                                                                    State                                Additional explanation/Sec.
          Name of source                Permit No.              County         effective date    EPA approval date             52.2063 citation
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                                                                      * * * * * * *
Naval Surface Warfare Center,      PA-04108............  Philadelphia........        10/18/04  4/29/05, [Insert      52.2020(d)(1)(j).
 Caderock Division Ship Systems                                                                 page number where
 Engineering Station.                                                                           the document
                                                                                                begins].
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[FR Doc. 05-8609 Filed 4-28-05; 8:45 am]
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