[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Rules and Regulations]
[Page 16118-16122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-11]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0004; FRL-7891-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; NOX RACT Determinations for Ten Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
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 ten major sources of nitrogen
oxides (NOX). These sources are located in Pennsylvania. EPA
is approving these revisions to establish RACT requirements in the SIP
in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on May 31, 2005 without further notice,
unless EPA receives adverse written comment by April 29, 2005. 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: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2005-PA-0004 by one of the following
methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03-OAR-2005-PA-0004, 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 RME ID No. R03-OAR-2005-PA-
0004. 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.docket.epa.gov/rmepub/, 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 RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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,
[[Page 16119]]
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
RME index at http://www.docket.epa.gov/rmepub/. 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 RME
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: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@epa.gov.
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 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, 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) or Operating Permit (OP). The Commonwealth then
submits these PAs and OPs to EPA for approval as source-specific SIP
revisions.
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 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.
On August 30, 2004, PADEP submitted revisions to the Pennsylvania
SIP which establish and impose RACT for ten sources of NOX.
The Commonwealth's submittals consist of PAs and OPs which impose
NOX RACT requirements for each source.
II. Summary of the SIP Revisions
Copies of the actual PAs and OPs imposing RACT and PADEP's
evaluation memorandum are included in the electronic and hard copy
docket for this final rule. As previously stated, all documents in the
electronic docket are listed in the RME index at http://www.docket.epa.gov/rmepub/.
Publicly available docket materials are
available either electronically in RME 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. The table below identifies the sources and the individual PAs
and OPs which are the subject of this rulemaking.
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan approval (PA ``Major
Source County ) operating Source type source''
permit (OP ) pollutant
----------------------------------------------------------------------------------------------------------------
The Pennsylvania State Centre............ OP-14-0006............ Boilers............. NOX
University--University Park.
Tennessee Gas Pipeline Tioga............. OP-59-0001............ Natural-Gas NOX
Company--Charleston Township. Turbines; Heaters;
Generator; Boiler.
Tennessee Gas Pipeline Bradford.......... OP-08-0002............ Natural-Gas NOX
Company--Wyalusing Township. Turbines; Heaters;
Generator; Boiler.
Masland Industries........... Cumberland........ 21-2001............... Boilers............. NOX
ESSROC Cement Corp........... Lawrence.......... OP-37-003............. Cement Kilns........ NOX
The Magee Carpet Company..... Columbia.......... OP-19-0001............ Boilers; Carpet NOX
Dryers; Generators;
Space Heaters.
Tennessee Gas Pipeline Forest............ OP-27-015............. Engines; Boilers; NOX
Company--Howe Township. Furnaces; Hot Water
Heater.
Tennessee Gas Pipeline Luzerne........... 40-0002, 40-0002A..... Engines; Turbine.... NOX
Corporation--Buck Township.
[[Page 16120]]
Transcontinental Gas Pipe York.............. 67-2012............... Engines............. NOX
Line Corporation--Peach
Bottom Township.
Standard Steel Division of Mifflin........... 44-2001............... Furnaces; Engines; NOX
Freedom Forge Corp. Heat Boilers.
----------------------------------------------------------------------------------------------------------------
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. The Commonwealth has also imposed
recordkeeping, monitoring, and testing requirements on these sources
sufficient to determine compliance with the applicable RACT
determinations.
III. Final Action
EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP to establish and require NOX RACT for ten major
sources. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. 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 May 31, 2005 without further
notice unless EPA receives adverse comment by April 29, 2005. 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, 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 ten 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 May 31, 2005.
[[Page 16121]]
Filing a petition for reconsideration by the Administrator of this
final rule approving source-specific RACT requirements for ten sources
in the Commonwealth of Pennsylvania 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 may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements.
Dated: March 23, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (d)(1) is amended by adding
the entries for The Pennsylvania State University-University Park,
Tennessee Gas Pipeline Company-Charleston Township, Tennessee Gas
Pipeline Company-Wyalusing Township, Masland Industries, ESSROC Cement
Corp., The Magee Carpet Company, Tennessee Gas Pipeline Company-Howe
Township, Tennessee Gas pipeline Corporation-Buck Township,
Transcontinental Gas Pipe Line Corporation-Peach Bottom Township, and
Standard Steel Division of Freedom Forge Corp. at the end of the table
to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen
(NOX)
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
The Pennsylvania State OP-14-0006 Centre............ 12/30/98 3/30/05 [Insert 52.2020(d)(1)(c)
University--University Park. page number where
the document
begins].
Tennessee Gas Pipeline Company-- OP-59-0001 Tioga............. 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Charleston Township. page number where
the document
begins].
Tennessee Gas Pipeline Company-- OP-08-0002 Bradford.......... 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Wyalusing Township. page number where
the document
begins].
Masland Industries.............. 21-2001 Cumberland........ 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
page number where
the document
begins].
ESSROC Cement Corp.............. OP-37-003 Lawrence.......... 7/27/95, 3/31/ 3/30/05 [Insert 52.2020(d)(1)(c)
99 page number where
the document
begins].
The Magee Carpet Company........ OP-19-0001 Columbia.......... 1/22/97 3/30/05 [Insert 52.2020(d)(1)(c)
page number where
the document
begins].
Tennessee Gas Pipeline Company-- OP-27-015 Forest............ 7/27/00 3/30/05 [Insert 52.2020(d)(1)(c)
Howe Township. page number where
the document
begins].
Tennessee Gas Pipeline 40-0002, 40-0002A Luzerne........... 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Corporation--Buck Township. page number where
the document
begins].
Transcontinental Gas Pipe Line 67-2012 York.............. 5/5/95 3/30/05 [Insert 52.2020(d)(1)(c)
Corporation--Peach Bottom page number where
Township. the document
begins].
Standard Steel Division of 44-2001 Mifflin........... 5/31/95 3/30/05 [Insert 52.2020(d)(1)(c)
Freedom Forge Corp. page number where
the document
begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 16122]]
* * * * *
[FR Doc. 05-6283 Filed 3-29-05; 8:45 am]
BILLING CODE 6560-50-P