[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Rules and Regulations]
[Pages 65842-65845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21750]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-PA-0013; FRL-7992-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action 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's or the 
Commonwealth's) SIP-approved generic RACT regulations. EPA is approving 
these revisions in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on December 1, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID Number R03-OAR-2005-PA-0013. All documents 
in the docket are listed in the RME index at http://docket.epa.gov/rmepub/. Once in the system, select ``quick search,'' then key in the 
appropriate RME identification number. 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 in RME 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, 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

    On June 10, 2005 (70 FR 33850) and June 16, 2005 (70 FR 35162), EPA 
published a notice of proposed rulemaking (NPR) and a correction for 
the Commonwealth of Pennsylvania. The NPR proposed approval of formal 
SIP revisions submitted by Pennsylvania on January 27, 2005. The 
correction addresses the location of the NPR publication in the Federal 
Register. These SIP revisions consist of source-specific operating 
permits and/or plan approvals issued by PADEP to establish and require 
RACT pursuant to the Commonwealth's SIP-approved generic RACT 
regulations. The following table identifies the sources and the 
individual plan approvals (PAs) and operating permits (OPs) which are 
the subject of this rulemaking.

[[Page 65843]]



                      Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                      Plan approval (PA
                                                    ) operating                              ``Major
         Source's Name                County         permit (OP )                                     pollutant
----------------------------------------------------------------------------------------------------------------
Molded Fiber Glass, Union City  Erie..............  OP 25-035             Spray Booths; Molding   VOC.
                                                                           Machines.
SKF, USA, Incorporated........  York..............  67-02010A             Dip Tank; 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 Furnace; 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.
----------------------------------------------------------------------------------------------------------------

    An explanation of the CAA's RACT requirements as they apply to the 
Commonwealth and EPA's rationale for approving these SIP revisions were 
provided in the NPR and will not be restated here.
    Timely adverse comments were submitted on EPA's June 10, 2005 NPR. 
A summary of those comments and EPA's responses are provided in Section 
II of this document.

II. Summary of Public Comments and EPA Responses

    Comment: On June 19, 2005, a citizen submitted adverse comments on 
EPA's DFR notice approving PADEP's VOC and NOX RACT 
determinations for seven individual sources. The commenter states their 
opposition and objection to the rulemaking, based on the belief that 
too much pollution is allowed to blow east toward New Jersey from 
Pennsylvania. The commenter also states that the amount of pollution 
needs to be reduced.
    Response: The rulemaking at issue is limited in scope and addresses 
the CAA section 182(b)(1) RACT requirements for sources located in the 
ozone nonattainment area classified as moderate or above. The commenter 
did not comment specifically on the RACT determinations for the seven 
individual sources and did not submit any supporting technical data or 
information to support that the standards for the seven individual 
sources do not represent RACT. Rather, the commenter makes broad 
statements alleging: (1) that the regulations should be more stringent 
in Pennsylvania than those required under the Act, and (2) that the 
amount of pollution needs to be reduced. These comments are not 
``significant comments'' that to which EPA needs to respond. Whitman v. 
American Trucking Ass'n., 531 U.S. 457, n.2 at 471 (2001) (Under the 
CAA, EPA need only respond to significant comments, i.e., comments 
relevant to EPA's decision). Mere ``assertions that in the opinions of 
the commenter the Agency got it wrong,'' are not relevant comments 
warranting a response. International Fabricare Inst. v. EPA, 972 F.2d 
384, 391 (D.C. Cir. 1992). As to the first comment, that the rules in 
Pennsylvania should be more stringent than required under the Act, EPA 
has no authority to mandate that a State regulate more stringently than 
required. Under the CAA's bifurcated scheme, the State is responsible 
for choosing how a source must be regulated for purposes of attaining 
the National Ambient Air Quality Standards (NAAQS) and EPA's role is 
limited in reviewing the State's choice to ensure it meets the minimum 
statutory requirements. Here, as is clear from the commenter's two 
points, the commenter is not claiming that the regulations do not meet 
the statutory minimum, but rather that the statute does not require 
enough. EPA has no authority to modify the statute, as requested by the 
commenter nor does EPA have authority to require the State to regulate 
more stringently than required by the statute. The CAA is based upon 
``cooperative federalism,'' which contemplates that each State will 
develop its own SIP, and that States retain a large degree of 
flexibility in choosing which sources to control and to what degree. 
EPA must approve a State's plan if it meets the ``minimum requirements 
of the CAA. Union Elec. Co. v. EPA, 427 U.S. 246, 264-266 (1976).

III. Final 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.

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,

[[Page 65844]]

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 (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 is not economically significant.
    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 seven named sources.

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 3, 2006. 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 source-specific RACT requirements for seven 
sources in the Commonwealth of 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: October 24, 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 entries for Molded Fiber Glass, Union City; SKF, USA, Incorporated; 
Erie Forge and Steel Incorporated; OSRAM SYLVANIA Products, Inc.; 
Owens-Brockway Glass Container; Texas Eastern Transmission Corporation; 
and Johnstown America Corporation at the end of the table to read as 
follows:


Sec.  52.2020  Identification of plan.

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         State                              Additional explanation/Sec.
          Name of source                  Permit No.                County          effective date    EPA approval date          52.2063  citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Molded Fiber Glass, Union City....  OP-25-035               Erie..................         7/30/99  11/1/05 [Insert page  52.2020(d)(1)(k).
                                                                                                     number where the
                                                                                                     document begins].
SKF, USA, Incorporated............  67-02010A               York..................         7/19/00  11/1/05 [Insert page  52.2020(d)(1)(k).
                                                                                                     number where the
                                                                                                     document begins].
Erie Forge and Steel, Inc.........  OP-25-924               Erie..................         2/10/00  11/1/05 [Insert page  52.2020(d)(1)(k).
                                                                                                     number where the
                                                                                                     document begins].
OSRAM SYLVANIA Products, Inc......  OP-59-0007              Tioga.................         1/22/98  11/1/05 [Insert page  52.2020(d)(1)(k).
                                                                                                     number where the
                                                                                                     document begins].
Owens-Brockway Glass Container....  OP-33-002               Jefferson.............        11/23/98  11/1/05 [Insert page  52.2020(d)(1)(k).
                                                                                                     number where the
                                                                                                     document begins].
Texas Eastern Transmission          32-000-230              Indiana...............         9/25/95  11/1/05 [Insert page  52.2020(d)(1)(k).
 Corporation.                                                                                        number where the
                                                                                                     document begins].
Johnstown America Corporation.....  11-000-288              Cambria...............         1/13/99  11/1/05 [Insert page  52.2020(d)(1)(k).
                                                                                                     number where the
                                                                                                     document begins].
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[[Page 65845]]

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[FR Doc. 05-21750 Filed 10-31-05; 8:45 am]
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