[Federal Register: March 31, 2005 (Volume 70, Number 61)]
[Rules and Regulations]
[Page 16416-16420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr05-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0008; FRL-7893-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Eleven
Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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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 eleven major sources of
volatile organic compounds (VOC) and 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 May 2, 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-0008 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-0008, 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.
[[Page 16417]]
Instructions: Direct your comments to RME ID No. R03-OAR-2005-PA-
0008. 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 websites 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, 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, PO Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Pauline DeVose, (215) 814-2186 , or by
e-mail at devose.pauline@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 eleven sources of VOC and
NOX. The Commonwealth's submittals consist of PAs and OPs
which impose VOC and 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 memoranda 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, PO Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105. The table below identifies the sources and the individual plan
approvals (PAs) and operating permits (OPs) which are the subject of
this rulemaking.
[[Page 16418]]
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
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Plan Approval (PA
) ``Major source''
Source County Operating Permit Source type pollutant
(OP )
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Department of the Army....... Franklin............ 28-02002 Surface Coating VOC and NOX.
Operations.
Harley-Davidson Motor Company York................ 67-2032 Motor Cycle VOC and NOX.
Assembly
Facility.
Dart Container Corporation... Lancaster........... 36-2015 Expanded VOC and NOX.
Polystyrene
Manufacturing
Facility.
GE Transportation Systems.... Mercer.............. OP 43-196 Surface Coating VOC and NoX.
Stone Container Corporation.. York................ 67-2002 Paperboard Mill NOX.
Stanley Storage Systems, Inc. Lehigh.............. 39-0031 Metal Tool VOC.
Cabinet
Manufacturing
Facility.
York Group, Inc.............. York................ 67-2014 Casket and VOC.
Furniture
Manufacturing
Facility.
Strick Corporation........... Columbia............ OP-19-0002 Surface Coating VOC.
Operations.
Grumman Olson, Division of Lycoming............ OP-41-0002 Truck and Van VOC.
Grumman Allied Industries. Manufacturing
Processes.
Prior Coated Metals, Inc..... Lehigh.............. 39-0005 Coil Coating VOC.
Line
Operations.
Schindler Elevator Adams............... 01-2007 Elevator Cab VOC.
Corporation. Manufacturing
Facility.
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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 record-
keeping, 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 VOC and NOX RACT for eleven
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 May 2,
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 (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.).
[[Page 16419]]
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 11 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. Filing a
petition for reconsideration by the Administrator of this final rule
approving source-specific RACT requirements for eleven major 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, Volatile organic
compounds.
Dated: March 24, 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 entry/entries for Department of the Army, Harley-Davidson Motor
Company, Dart Container Corporation, GE Transportation Systems, Stone
Container Corporation, Stanley Storage Systems, Inc., York Group, Inc.,
Strick Corporation, Grumman Olson, Division of Grumman Allied
Industries, Prior Coated Metals, Inc., and Schindler Elevator
Corporation at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. County effective EPA approval date Additional explanation/
date Sec. 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Department of Army................. 28-02002 Franklin.............. 2/3/00 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
Harley-Davidson Motor Company...... 67-2032 York.................. 4/9/97 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
Dart Container Corporation......... 36-2015 Lancaster............. 8/31/95 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
GE Transportation Systems.......... OP 43-196 Mercer................ 5/16/01 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
Stone Container Corporation........ 67-2002 York.................. 9/3/96 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
Stanley Storage Systems, Inc....... 39-0031 Lehigh................ 6/12/98 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
York Group, Inc.................... 67-2014 York.................. 7/3/95 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
Strick Corporation................. OP-19-0002 Columbia.............. 6/6/97 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
Grumman Olson, Division of Grumman OP-41-0002 Lycoming.............. 9/25/97 52.2020(d)(1)(g)......
Allied Industries.
Prior Coated Metals, Inc........... 39-0005 Lehigh................ 5/26/95 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
Schindler Elevator Corporation..... 01-2007 Adams................. 5/24/95 3/31/05 [Insert page 52.2020(d)(1)(g)
number where the
document begins].
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[FR Doc. 05-6372 Filed 3-30-05; 8:45 am]
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