[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11553-11554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4038]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0534; FRL-8536-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for Merck and Co., Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania (Pennsylvania or the 
Commonwealth). This revision establishes and requires reasonably 
available control technology (RACT) for a major source of volatile 
organic compound (VOC) and nitrogen oxide (NOX) pursuant to 
the Pennsylvania's SIP-approved generic RACT regulations. The VOC and 
NOX major source is Merck and Co., Inc. (Merck) located in 
Northumberland County, Pennsylvania. EPA is approving this revision in 
accordance with the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on April 3, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0534. All documents in the docket are listed in 
the http://www.regulations.gov Web site. 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 through http://www.regulations.gov 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 Control, 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:

I. Background

    On January 4, 2008 (73 FR 836), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth. The NPR proposed approval of the 
VOC and NOX RACT determinations for Merck. The formal SIP 
revision was submitted by the Pennsylvania Department of Environmental 
Protection (PADEP) on June 13, 2007.

II. Summary of SIP Revision

    Merck is a chemical process facility and is a major source of VOC 
and NOX emissions located in Northumberland County, 
Pennsylvania. The Commonwealth's submittal consists of an operating 
permit (OP-49-0007B) that imposes VOC and NOX RACT 
requirements for Merck. PADEP established and imposed these RACT 
requirements in accordance with the criteria set forth in its SIP-
approved generic RACT regulations applicable to Merck. In accordance 
with its SIP-approved generic RACT rule, the Commonwealth has also 
imposed recordkeeping, monitoring, and testing requirements on Merck 
sufficient to determine compliance with the applicable RACT 
determinations. Other requirements to the VOC and NOX RACT 
determinations and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

III. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP on June 13, 2007. The SIP revisions establish and require VOC and 
NOX RACT pursuant to the Commonwealth's SIP-approved generic 
RACT regulations for Merck and Co., Inc. (OP-49-0007B) located in 
Northumberland County, Pennsylvania.

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 
requirement, 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 approves a state rule implementing a Federal 
standard.
    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

[[Page 11554]]

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 Merck.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 5, 2008. 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 the VOC and NOX RACT determinations 
for Merck and Co., Inc. located in Northumberland County, 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 21, 2008.
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 
an entry for Merck and Co., Inc. at the end of the table to read as 
follows:


Sec.  52.2020   Identification of plan.

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

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                                                                                                                                          Additional
            Name of source                      County               Permit No.      State  effective        EPA  approval date        explanation/Sec.
                                                                                           date                                        52.2063 citation
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                                                                      * * * * * * *
Merck and Co., Inc...................  Northumberland..........        OP-49-0007B           05/16/01  03/04/08.....................    52.2020(d)(1)(v)
                                                                                                       [Insert page number where the
                                                                                                        document begins].
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 [FR Doc. E8-4038 Filed 3-3-08; 8:45 am]
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