[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59321-59327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25931]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA208-4214a; FRL-7570-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Six
Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
[[Page 59322]]
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 six major sources of volatile
organic compounds (VOC) and nitrogen oxides (NOX) located in
Pennsylvania. EPA is approving these revisions to establish RACT
requirements in the SIP in accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on December 15, 2003 without further
notice, unless EPA receives adverse written comment by November 14,
2003. 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: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Electronic comments should be sent either to [email protected] or
to http://www.regulations.gov, which is an alternative method for
submitting electronic comments to EPA. To submit comments, please
follow the detailed instructions described in Part III of the
Supplementary Information section. Copies of the documents relevant to
this action are available 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;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B108,
Washington, DC 20460; and the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth at (215) 814-2034, 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 812(b)(2) and 182(f) applies throughout the
OTR. The entire Commonwealth is located within the OTR. Therefore, RACT
is applicable statewide in Pennsylvania.
II. Summary of the SIP Revision
On July 2, 2003, PADEP submitted formal revisions to its SIP to
establish and impose case-by-case RACT for several major sources of VOC
and NOX. This rulemaking pertains to six of those sources.
The other sources are subject to separate rulemaking actions. The RACT
determinations and requirements in this SIP revision are included in
operating permits (OP) issued by PADEP.
The following table identifies the individual operating permits
that EPA is approving for each source located in Pennsylvania.
VOC and NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES
----------------------------------------------------------------------------------------------------------------
Major source
Source County OP number Source type pollutant
----------------------------------------------------------------------------------------------------------------
GPU Generation Corporation-- Indiana............ 32-000-055 Boilers; Low NOX NOX/VOC
Homer City Station. Burners.
GPU Generation Corporation-- Indiana............ 32-000-040 Steam-Fired Boilers, NOX/VOC
Seward Station. Diesels, Space
Heaters.
Ebensburg Power Company........ Cambria............ 11-000-318 CFB Boiler; Gas-Fired NOX/VOC
Boiler, Diesel
Generators.
Sithe Pennsylvania Holdings, Warren............. OP-62-012B Boilers; Combustion NOX/VOC
L.L.C.--Warren Station. Turbines; Diesel
Generators.
Pennsylvania Power & Light Snyder............. OP-55-0001A Boilers; Combustion NOX/VOC
Company--Sunbury SES. Turbines; Diesel
Generators.
Lakeview Landfill.............. Erie............... OP-25-920 Enclosed Flare........ VOC
----------------------------------------------------------------------------------------------------------------
A. GPU Generation Corporation-Homer City Station
GPU Generation Corporation's Homer City Power Station is located in
Center Township, Indiana County, Pennsylvania. GPU Generation's Homer
City Power Station is a major NOX and VOC emitting facility.
In this instance, RACT has been established and imposed by the PADEP in
an OP. On July 2, 2003, PADEP submitted permit No. 32-000-055 to EPA as
a SIP revision. This operating permit incorporates RACT determinations
for NOX and VOCs for the following sources at the Homer City
facility: Three (3) Main Boilers, Units 1, 2, and 3; two (2) auxiliary
boilers, Units A and B; and several miscellaneous sources, consisting
of two (2) small diesels, one (1) diesel fire pump, and twenty-five
(25) space heaters.
NOX RACT for the three main boilers, Units, 1, 2, and
Unit 3 shall consist of an emission limit of .5 lb/MMBtu based on a 30-
day rolling average. Annual NOX emission limits shall be
13,076 tons per year (tpy) for Unit 1, 12,825 tpy for Unit 2, and
13,753 tpy for Unit 3. All annual limits must be met on a rolling
monthly basis over every consecutive 12-month period. Compliance with
these NOX emission limits shall be established based on
emission data obtained from continuous emissions monitoring (CEM)
approved by PADEP. The CEM system shall be installed, approved,
maintained, and operated in accordance with 25 PA Code Chapters 123 and
139. VOC RACT for Units 1, 2, and 3 shall be the operation and
maintenance of the sources according to the manufacturer's
specifications, and good air pollution control practices.
NOX and VOC RACT for auxiliary Units A and B shall be the
operation and maintenance of the sources according to the
manufacturer's specifications, and good air pollution control
practices. These units shall use only No. 2 fuel oil, and shall be
limited to an annual capacity factor of 10 percent. RACT for the two
emergency diesels and the diesel fire pump shall be the installation,
maintenance, and operation
[[Page 59323]]
of the sources in accordance with the manufacturer's specifications
under the presumptive RACT emission limitations found in 25 PA Code,
Chapter 129, section 129.93(c)(5). These units shall be operated less
than 500 hours in a consecutive 12-month period. GPU's Homer City
facility shall maintain an open log to verify compliance for the
auxiliary Units A and B, emergency diesels, and fire pump. This log
shall include: hours of operation, fuel characteristics
(specifications) and the amount and type of fuel (fuel consumption).
The space heaters are combustion sources with individual rated gross
heat inputs of less than 20 MMBtu per hour qualifying them for the
presumptive RACT emission limitation found in 25 PA Code, Chapter
129.93(c)(1). RACT for these sources shall be the installation,
maintenance and operation of these sources in accordance with the
manufacturer's specifications.
GPU Generation Corporation's Homer City Station is also subject to
the requirements of 25 PA Code, Chapter 129, sections 129.91-129.95.
B. GPU Generation Corporation-Seward Station
GPU Generation Corporation's Seward Power Station is located in
East Wheatfield Township, Indiana County, Pennsylvania. GPU Generation
Corporation's Seward Power Station is a major NOX and VOC
emitting facility. In this instance, RACT has been established and
imposed by the PADEP in an OP. On July 2, 2003, the PADEP submitted
permit No. 32-000-040 to EPA as a SIP revision. This operating permit
incorporates RACT determinations for NOX and VOCs for the
following sources: Three (3) coal-fired boilers, Boilers 12, 14, and
15; two (2) emergency diesels; and thirteen (13) space heaters.
NOX RACT for Boiler 12 shall be the implementation of
bias firing operating procedures, with an annual NOX
emissions limit of 808.11 tpy. All annual limits must be met on a
rolling monthly basis over every consecutive 12-month period.
NOX emissions from Boiler 12 shall not exceed 0.82 lb/MMBtu
based on a 30-day rolling average. NOX RACT for Boiler 14
shall be the emissions limit of 0.50 lb/MMBtu based on a 30-day rolling
average. NOX emissions from Boiler 15 shall not exceed 0.51
lb/MMBtu based on a 30-day rolling average. VOC RACT for the three
boilers shall be the operation and maintenance in accordance with the
manufacturer's recommendations.
RACT for the two emergency power diesel engines shall be the
operation and maintenance of the sources according to the
manufacturer's specifications in accordance with the presumptive RACT
emission limitations found in 25 PA Code, Chapter 129, section
129.93(c)(5). These emergency diesels shall each be limited to
operating less than 500 hours in any consecutive 12-month period. The
space and portable heaters are combustion sources with individual rated
gross heat inputs of less than 20 MMBtu per hour of operation,
qualifying them for presumptive RACT under 25 PA Code, Chapter 129,
section 129.93(c)(1). The total amount and type of fuel burned in the
two emergency diesels and 13 space heaters shall be recorded and used
as the basis for annual reporting of the emissions to verify compliance
with the limits noted above. GPU's Seward Station shall maintain an
operating log for the emergency diesels to verify compliance with the
restriction on hours of operation and the presumptive RACT limitations.
All sources and air cleaning devices shall be operated and maintained
in accordance with good air pollution control practices.
In accordance with 25 PA Code, Chapter 129, section 129.95, GPU's
Seward Station is required to keep sufficient records to demonstrate
compliance with the limitations, restrictions, and requirements of this
RACT permit. These records shall provide sufficient data and
calculations to clearly demonstrate compliance consistent with all
averaging times and periods. These records shall be maintained for at
least two years and be made available to the Department upon request.
C. Ebensburg Power Company
Ebensburg Power Company is a cogeneration facility located in
Cambria Township, Cambria County, Pennsylvania. The Ebensburg Power
Company is a major NOX and VOC emitting facility. In this
instance, RACT has been established and imposed by the PADEP in an OP.
On July 2, 2003, the PADEP submitted permit No. 11-000-318 to EPA as a
SIP revision. This operating permit incorporates RACT determinations
for NOX and VOC for the following sources: One (1)
circulating fluidized bed boiler (CFB); one (1) auxiliary boiler; two
(2) diesel generators; and one (1) diesel driven fire pump.
NOX RACT for the CFB boiler shall consist of an emission
limit of .18 lbs/MMBtu based on a 30-day rolling basis, and a limit of
555.83 tpy. All annual limits must be met on a rolling monthly basis
over every consecutive 12-month period. VOC emissions from the CFB
boiler shall not exceed 15 lbs/hr. The Ebensburg Power Company shall
operate and maintain a continuous emission monitoring system for as-
fired coal analysis for the CFB boiler in accordance with the
requirements of 25 PA Code Chapter 139. A NOX analysis shall
be determined on a daily basis and used to calculate the CFB boiler's
NOX control efficiency. Emissions of NOX from the
auxiliary boiler shall not exceed 8.04 tpy. All annual limits must be
met on a rolling monthly basis over every 12-month period.
NOX RACT for the 1592 BHP diesel generator shall consist
of an operarional limit of no more than 800 hours in any consecutive
12-month period. The presumptive NOX RACT requirements
outlined in 25 PA Code, Chapter 129.93(c)(5) apply to the 600 BHP
diesel generator, and the 244 BHP Diesel Fire Pump. The presumptive
RACT emission limitations for these sources are the maintenance, and
operation of these sources in accordance with the manufacturer's
specifications. These sources are limited to operating no more than 500
hours in a consecutive 12-month period. All sources and air cleaning
devices shall be operated and maintained in accordance with good air
pollution control and engineering practices and also with the
manufacturer's specifications.
In accordance with 25 PA Code, Chapter 129, section 129.95, the
owner/operator of the Ebensburg Power Company shall keep sufficient
records to demonstrate compliance with the limitations, restrictions,
and requirements of this RACT permit. These records shall provide
sufficient data and calculations to clearly demonstrate compliance
consistent with all averaging times and periods. These records shall be
retained for at least two years and be made available to the Department
upon request.
D. Sithe Pennsylvania Holdings, LLC-Warren Generating Station
Sithe Pennsylvania Holdings, LLC owns and operates the Warren
Generating Station in Warren County, Pennsylvania. Sithe Pennsylvania
Holdings, LLC's Warren Generation Station is a major NOX and
VOC emitting facility. In this instance, RACT has been established and
imposed by the PADEP in an OP. On July 2, 2003, the PADEP submitted OP-
62-012B to EPA as a SIP revision. This operating permit incorporates
RACT determinations for NOX and VOCs for the following
sources at the Warren Station facility: Four (4) boilers, Boilers 1, 2,
3, and 4; one (1) gas/oil-fired
[[Page 59324]]
combustion turbine unit; and one (1) oil-fired emergency diesel
generator.
NOX RACT for each boiler (boiler 1, 2, 3, and 4) will be
bias firing with an annual capacity factor not to exceed 65.1 percent.
Based upon a nominal heat input of 286.5 MMBtu/hr, each boiler shall be
limited to an annual heat input of 1.634 million MMBtu/year on a 12-
month rolling basis. Each boiler shall be operated and maintained in
accordance with the manufacturer's specifications and good air
pollution control practices. Combined emissions from Boilers 1, 2, 3,
and 4 shall not exceed 2025.9 tpy. All annual limits must be met on a
rolling monthly basis over every consecutive 12-month period.
NOX emissions from Boilers 1, 2, 3, and 4 combined, shall
not exceed 0.62 lbMMBtu based on a 30-day rolling average. A CEMS shall
be operated and maintained to monitor NOX emissions from the
four boilers. All four boilers shall exhaust into a common stack
containing a single CEMS. The CEMS shall comply with 25 PA Code,
Chapter 139, and the requirements of the Continuous Source Monitoring
Manual.
NOX RACT for the combustion turbine shall be the
operation and maintenance in accordance with the manufacturer's
specifications with an annual limit on NOX emissions of 400
tons on a 12-month rolling basis. When burning natural gas in the
combustion turbine, the emissions rate shall not exceed 0.499 lb/MMBtu.
The heat input shall not exceed 2.005 x 10\12\ BTU/yr or 1.944 x 10\9\
CF/yr., and the annual capacity factor shall not exceed 18.3 percent on
a heat input basis. When burning No. 2 oil in the combustion turbine,
the emissions rate shall not exceed 0.9 lb/MMBtu. The heat input shall
not exceed 1.091 x 10\12\ BTU/yr or 7,905,000 gal/yr., and the annual
capacity factor shall not exceed 9.98 percent on a heat input basis.
For each gallon of No. 2 fuel oil used, the natural gas limit in the
above statement shall decrease by 246 cubic feet. The turbine shall
also be operated and maintained in accordance with the manufacturer's
specifications and good air pollution control practices. Compliance
with the short-term NOX emission limit for the combustion
turbine shall be established based on the average of three (3) one-hour
stack tests. Prior to testing, the procedure shall be approved by the
Department, with at least two weeks notice given of the date and time
of the test. By September 30, 2002, stack tests shall have been
performed in accordance with the provisions of 25 PA Code, Chapter 139
to show compliance with the short-term NOX emission limit.
Within 60 days after the test, two copies of the completed test report,
including all operating conditions, shall be submitted to the
Department for approval.
Within 30 days after the end of each calendar quarter, quarterly
reports shall be submitted to the Department to show compliance with
the RACT requirements for Boilers 1, 2, 3, and 4 and the combustion
turbine.
NOX RACT for the emergency diesel generator shall be the
installation, maintenance and operation of the source in accordance
with the manufacturer's specifications and good air pollution control
practices, in accordance with the presumptive RACT emission limitations
as specified under 25 PA Code, Chapter 129, section 129.93(c)(5). The
generator shall not exceed an operating schedule of 500 hours in a
consecutive 12-month period. Within 30 days of the end of the calendar
year, the owner or operator shall submit annual operating reports to
show compliance with the RACT requirements for the emergency diesel
generator.
VOC RACT for all sources shall be the operation and maintenance in
accordance with the manufacturer's specifications and good air
pollution control practices. Fugitive evaporative sources of VOCs shall
comply with the requirements of 25 PA Code, sections 129.51, 129.54-
129.72, 129.81, and 129.82, as applicable.
E. Pennsylvania Power & Light Company-Sunbury SES
Pennsylvania Power & Light Company's (PP&L) Sunbury Steam Electric
Station (SES) is located in the Borough of Shamokin, Snyder County,
Pennsylvania. PP&L's Sunbury Power Station is a major NOX
and VOC emitting facility. In this instance, RACT has been established
and imposed by the PADEP in an OP. On July 2, 2003, PADEP submitted OP-
55-0001A to EPA as a SIP revision. This operating permit incorporates
RACT determinations for NOX and VOC for the following
sources at the Sunbury facility: Four (4) arch fired boilers 1A, 1B,
2A, and 2B; two (2) front wall-fired steam generators, Boilers 3 and 4;
two (2) combustion turbine generators; and two (2) diesel generators.
Pursuant to the RACT provisions of 25 PA Code, Chapter 129,
sections 129.91-95, Units 1A, 1B, 2A, and 2B shall be operated and
maintained in accordance with the manufacturer's specifications and
good air pollution control practice. The NOX emissions from
Units 1A, 1B, 2A, and 2B shall not exceed the following limits:
NOX emissions from Stack 1 (Boilers 1A and 1B)
shall not exceed 1.10 lb/MMBtu, based on a 30-day rolling average;
NOX emissions from Stack 2 (Boilers 2A and 2B)
shall not exceed 1.16 lb/MMBtu, based on a 30-day rolling average;
NOX emissions from Unit 3 shall not exceed .50 lb/
MMBtu based on a 30-day rolling average and NOX emissions
from Unit 4 shall not exceed .50 lb/MMBtu based on a 30-day
rolling average. VOC RACT for Units 1A, 1B, 2A, 2B, 3, and 4 shall be
in accordance with the manufacturers' specifications and good air
pollution control practices.
NOX and VOC RACT for the two combustion turbines shall
be the operation and maintenance in accordance with the manufacturer's
specifications and good air pollution control practices. Additionally,
the capacity factor of each of these turbines shall be less than 50
percent for any consecutive 12-month period.
NOX and VOC RACT for the two diesel generators at the
facility shall be the operation and maintenance in accordance with the
manufacturer's specifications and good air pollution control practices.
These generators shall be operated less than 500 hours in a consecutive
12-month period. PP&L's Sunbury Station shall maintain records in
accordance with the recordkeeping requirements of 25 PA Code, Chapter
129, section 129.95, and shall include, at a minimum, the following:
(a) Data which clearly demonstrates the capacity factor of the
combustion turbines (which shall include, but not necessarily be
limited to, the number of hours each turbine operates in each month),
(b) the number of hours per month that each diesel generator is
operated, and (c) all NOX emissions data generated for Units
1A, 1B, 2A, 2B, 3, and 4, using continuous NOX emission
monitoring systems as specified in 25 PA Code, Chapter 139. These
records shall be retained for at least 2 years and shall be made
available to the Department upon request except for the NOX
emission data generated by the continuous NOX emission
monitoring systems which shall be submitted in accordance with the
applicable requirements specified in 25 PA Code, Chapter 139,
``Sampling and Testing'', and the Department's ``Continuous Source
Monitoring Manual.''
PP&L's Sunbury Station shall operate and maintain continuous
NOX emissions monitoring systems on Units 1A, 1B, 2A, 2B, 3,
and 4, in accordance with all applicable requirements of 25 PA Code,
Chapter 139, ``Sampling and Testing,'' and the Department's
``Continuous Source Monitoring Manual.''
[[Page 59325]]
F. Lakeview Landfill
Lakeview Landfill is located in Summit Township, Erie County,
Pennsylvania. The Lakeview Landfill is a major VOC emitting facility.
In this instance, RACT has been established and imposed by the PADEP in
an OP. On July 2, 2003, PADEP submitted OP-25-920 to EPA as a SIP
revision. This operating permit incorporates RACT determinations for
VOCs for the following source at the Sunbury facility: One (1) enclosed
flare.
RACT for the enclosed flare at the Lakeview Landfill facility shall
be the installation, maintenance, and operation in accordance with the
manufacturer's specifications and with good air pollution control
practices. The enclosed flare shall also comply with the destruction/
removal efficiency (DRE) of at least 98 percent (by weight) for non-
methane organic compounds (NMOC). An inspection and cleaning of the
enclosed flare shall be conducted annually. This inspection shall
include the fuel nozzles or the flame pattern or characteristics.
Adjustments in the combustion process shall be conducted if necessary
to minimize the formation of NOX. A log shall be kept to
record the annual inspection, cleaning (if necessary) and adjustments
performed. This log shall contain at a minimum: the date of the
maintenance procedure, the name of the technician(s) performing the
service, and the operating rate after the procedure has been completed.
Lakeview Landfill shall comply with the recordkeeping requirements
of 25 PA Code, section 129.95. Records of fuel quantity and consumption
shall be maintained by the facility and forwarded to the Department
upon request.
III. Final Action
EPA is approving these RACT SIP submittals because the Commonwealth
established and imposed these RACT requirements in accordance with the
criteria set forth in the SIP-approved regulations for imposing RACT or
for limiting a source's potential to emit. The Commonwealth has also
imposed recordkeeping, monitoring, and testing requirements on these
sources sufficient to determine compliance with these requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. 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 December 15, 2003 without further
notice unless EPA receives adverse comment by November 14, 2003. 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. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number PA208-4214 in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
[email protected] attention: PA208-4214. EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
[[Page 59326]]
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
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
standard, and does not alter the relationship or the distribution of
power and responsibilities 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 six 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 December 15, 2003. 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 Pennsylvania's source-specific
RACT requirements to control VOC and NOX from six individual
sources may be not 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: September 29, 2003.
James W. Newsom,
Acting 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.
[[Page 59327]]
Subpart NN--Pennsylvania
0
2. Section 52.2020 is amended by adding paragraph (c)(212) to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(212) Revisions to the Pennsylvania Regulations pertaining to VOC
and NOX RACT for major sources submitted on July 2, 2003 by
the Pennsylvania Department of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of July 2, 2003 by the Pennsylvania Department of
Environmental Protection transmitting source-specific NOX
and VOC RACT determinations.
(B) The following operating permits (OP):
(1) GPU Generation Corp., Homer City Station, Indiana County, 32-
000-055, effective October 29, 1998.
(2) GPU Generation Corp., Seward Station, Indiana County, 32-000-
040, effective April 30, 1998.
(3) Ebensburg Power Company, Ebensburg Cogeneration Plant, Cambria
County, 11-000-318, effective March 28, 2001.
(4) Sithe Pennsylvania Holdings LLC, Warren Station, Warren County,
OP-62-012B, effective January 20, 2000.
(5) Pennsylvania Power & Light Company, Sunbury SES, Snyder County,
OP-55-0001A, effective July 7, 1997.
(6) Lakeview Landfill, Erie County, OP-25-920, effective May 29,
1997.
(ii) Additional Material.--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(212)(i) of this
section.
[FR Doc. 03-25931 Filed 10-14-03; 8:45 am]
BILLING CODE 6560-52-P