[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Proposed Rules]
[Pages 10626-10628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2949]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / 
Proposed Rules  

[[Page 10626]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-0502; FRL-8040-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA proposes to approve revisions to the 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 six 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 April 3, 2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2005-0502 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2005-0502, Makeba Morris, 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 Docket ID No. EPA-R03-OAR-
2005-0502. 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.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is 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 http://www.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
http://www.regulations.gov index. 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
http://www.regulations.gov 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: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On November 21, 2005, PADEP submitted 
revisions to the Pennsylvania SIP. These SIP revisions consist of 
source-specific operating permits, consent orders, and/or plan 
approvals issued by PADEP to establish and require RACT for sixteen 
individual sources pursuant to Pennsylvania's SIP-approved generic RACT 
regulations. This proposed rulemaking covers the Commonwealth's source-
specific RACT determinations for six of those sources. The remaining 
RACT determinations submitted by PADEP on November 21, 2005 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,

[[Page 10627]]

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), Consent Order (CO), or 
Operating Permit (OP). The Commonwealth then submits these PAs, COs, or 
OPs to EPA for approval as source-specific SIP revisions. EPA reviews 
these SIP revisions to ensure that the PADEP 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 a 
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 
consent orders (COs) and operating permits (OPs) which are the subject 
of this rulemaking.

                      Pennsylvania.--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
                                                          Operating permit (OP                        ``Major
         Source's name                   County            ) consent      Source type       source''
                                                          order (CO)                        pollutant
----------------------------------------------------------------------------------------------------------------
DLM Foods (formerly Heinz USA)  Allegheny..............  CO 211...............  Food Processing.  NOX.
NRG Energy Center (formerly     Allegheny..............  CO 220...............  Steam Generation  NOX.
 Pittsburgh Thermal Limited
 Partnership).
Tasty Baking Oxford, Inc......  Chester................  OP-15-0104...........  Bakery            VOC.
                                                                                 Operations.
Siberline Manufacturing         Carbon.................  OP-13-0014...........  Paint and         VOC.
 Company.                                                                        Lacquers
                                                                                 Production.
Adhesives Research, Inc.......  York...................  OP-67-2007...........  Surface Coating.  VOC.
Mohawk Flush Doors, Inc.......  Northumberland.........  OP-49-0001...........  Surface Coating.  VOC.
----------------------------------------------------------------------------------------------------------------

    Interested parties are advised that copies of Pennsylvania's SIP 
submittals for these sources, including the actual COs 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 versions 
of the docket for this final rule.
    As previously stated, all documents in the electronic docket are 
listed in the http://www.regulations.gov index. Publicly available 
docket materials are available either electronically in http://www.regulations.gov 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 November 21, 2005 to establish and require VOC and 
NOX RACT for six individual 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 (Public Law 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

[[Page 10628]]

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 six 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: February 22, 2006.
William Early,
Acting Regional Administrator, Region III.
 [FR Doc. E6-2949 Filed 3-1-06; 8:45 am]
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