[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Rules and Regulations]
[Pages 33850-33852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11548]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-PA-0013; FRL-7923-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Seven 
Individual Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve revisions to the Commonwealth of 
Pennsylvania 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 seven major sources of volatile organic compounds 
(VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth 
of Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved 
generic RACT regulations. EPA is proposing to approve these revisions 
in accordance with the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 11, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-PA-0013 by one of the following 
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    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.
    E-mail: [email protected].
    Mail: R03-OAR-2005-PA-0013, David Campbell, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    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-
0013. 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

[[Page 33851]]

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, PO 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: On January 27, 2005, PADEP submitted 
revisions to the Pennsylvania SIP. These SIP revisions consist of 
source-specific operating permits and/or plan approvals issued by PADEP 
to establish and require RACT for 18 sources pursuant to Pennsylvania's 
SIP-approved generic RACT regulations. This proposed rulemaking covers 
the Commonwealth's source-specific RACT determinations for seven of 
those sources The remaining RACT determinations submitted by PADEP on 
January 27, 2005 are or will be the subject of separate rulemakings.

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the CAA, 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 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 the 
Pennsylvania DEP 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 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 the SIP Revisions

    The following table 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
                                                         )                                  ``Major
         Source's name                 County         operating  permit        Source type           source''
                                                       (OP )                               pollutant
----------------------------------------------------------------------------------------------------------------
Molded Fiber Glass, Union City.  Erie..............  OP 25-035.........  Spray Booths; Molding   VOC.
                                                                          Machines.
SKF, USA, Incorporated.........  York..............  67-02010A.........  Dip Tanks; Spray Tanks  VOC.
Erie Forge and Steel             Erie..............  OP 25-924.........  Furnaces; Boilers,      NOX.
 Incorporated.                                                            Preheaters.
OSRAM SYLVANIA Products, Inc...  Tioga.............  OP-59-0007........  Gas Furnaces; Dryers;   NOX.
                                                                          Boilers; Hot Water
                                                                          Heaters; Forehearths.
Owens-Brockway Glass Container.  Jefferson.........  OP 33-002.........  Refiners; Boilers;      NOX.
                                                                          Furnaces; Forehearths.
Texas Eastern Transmission       Indiana...........  32-000-230........  Turbines; Generators..  NOX.
 Corporation.
Johnstown America Corporation..  Cambria...........  11-000-288........  Solvent Cleaning;       VOC.
                                                                          Natural Gas
                                                                          Combustion Sources.
----------------------------------------------------------------------------------------------------------------

    Interested parties are advised that copies of Pennsylvania's SIP 
submittals for these sources, including the actual PAs and OPs imposing 
RACT, PADEP's evaluation memoranda and the sources' RACT proposals 
(referenced in PADEP's evaluation memoranda) are included and may be 
viewed in their entirety in both the electronic and hard copy

[[Page 33852]]

versions of the 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.
    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. In accordance with its SIP-approved 
generic RACT rule, the Commonwealth has also imposed record-keeping, 
monitoring, and testing requirements on these sources sufficient to 
determine compliance with the applicable RACT determinations.

III. Proposed Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP on January 27, 2005 to establish and require VOC and 
NOX RACT for seven sources pursuant to the Commonwealth's 
SIP-approved generic RACT regulations. EPA is soliciting public 
comments on this proposed rule to approve these source-specific RACT 
determinations established and imposed by PADEP in accordance with the 
criteria set forth in its SIP-approved generic RACT regulations 
applicable to these sources. 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 FR 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 (Pub. L. 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 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (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. 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 to approve source-specific RACT determinations 
established and imposed by the Commonwealth of Pennsylvania pursuant to 
its SIP-approved generic RACT regulations 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 52

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

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

    Dated: June 3, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-11548 Filed 6-9-05; 8:45 am]
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