[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]


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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.

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[[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