[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Rules and Regulations]
[Pages 65842-65845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21750]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0013; FRL-7992-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Seven
Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve revisions to the
Commonwealth of Pennsylvania 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 seven major sources of volatile
organic compounds (VOC) and nitrogen oxides (NOX) pursuant
to the Commonwealth of Pennsylvania's (Pennsylvania's or the
Commonwealth's) SIP-approved generic RACT regulations. EPA is approving
these revisions in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on December 1, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) ID Number R03-OAR-2005-PA-0013. All documents
in the docket are listed in the RME index at http://docket.epa.gov/rmepub/. Once in the system, select ``quick search,'' then key in the
appropriate RME identification number. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in RME or in hard copy
for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 10, 2005 (70 FR 33850) and June 16, 2005 (70 FR 35162), EPA
published a notice of proposed rulemaking (NPR) and a correction for
the Commonwealth of Pennsylvania. The NPR proposed approval of formal
SIP revisions submitted by Pennsylvania on January 27, 2005. The
correction addresses the location of the NPR publication in the Federal
Register. These SIP revisions consist of source-specific operating
permits and/or plan approvals issued by PADEP to establish and require
RACT pursuant to the Commonwealth's SIP-approved generic RACT
regulations. The following table identifies the sources and the
individual plan approvals (PAs) and operating permits (OPs) which are
the subject of this rulemaking.
[[Page 65843]]
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Plan approval (PA
) operating ``Major
Source's Name County permit (OP ) pollutant
----------------------------------------------------------------------------------------------------------------
Molded Fiber Glass, Union City Erie.............. OP 25-035 Spray Booths; Molding VOC.
Machines.
SKF, USA, Incorporated........ York.............. 67-02010A Dip Tank; Spray Tanks. VOC.
Erie Forge and Steel Erie.............. OP 25-924 Furnaces; Boilers; NOX.
Incorporated. Preheaters.
OSRAM SYLVANIA Products, Inc.. Tioga............. OP-59-0007 Gas Furnace; Dryers; NOX.
Boilers; Hot Water
Heaters; Forehearths.
Owens-Brockway Glass Container Jefferson......... OP-33-002 Refiners; Boilers; NOX.
Furnaces; Forehearths.
Texas Eastern Transmission Indiana........... 32-000-230 Turbines; Generators.. NOX.
Corporation.
Johnstown America Corporation. Cambria........... 11-000-288 Solvent Cleaning; VOC.
Natural Gas
Combustion Sources.
----------------------------------------------------------------------------------------------------------------
An explanation of the CAA's RACT requirements as they apply to the
Commonwealth and EPA's rationale for approving these SIP revisions were
provided in the NPR and will not be restated here.
Timely adverse comments were submitted on EPA's June 10, 2005 NPR.
A summary of those comments and EPA's responses are provided in Section
II of this document.
II. Summary of Public Comments and EPA Responses
Comment: On June 19, 2005, a citizen submitted adverse comments on
EPA's DFR notice approving PADEP's VOC and NOX RACT
determinations for seven individual sources. The commenter states their
opposition and objection to the rulemaking, based on the belief that
too much pollution is allowed to blow east toward New Jersey from
Pennsylvania. The commenter also states that the amount of pollution
needs to be reduced.
Response: The rulemaking at issue is limited in scope and addresses
the CAA section 182(b)(1) RACT requirements for sources located in the
ozone nonattainment area classified as moderate or above. The commenter
did not comment specifically on the RACT determinations for the seven
individual sources and did not submit any supporting technical data or
information to support that the standards for the seven individual
sources do not represent RACT. Rather, the commenter makes broad
statements alleging: (1) that the regulations should be more stringent
in Pennsylvania than those required under the Act, and (2) that the
amount of pollution needs to be reduced. These comments are not
``significant comments'' that to which EPA needs to respond. Whitman v.
American Trucking Ass'n., 531 U.S. 457, n.2 at 471 (2001) (Under the
CAA, EPA need only respond to significant comments, i.e., comments
relevant to EPA's decision). Mere ``assertions that in the opinions of
the commenter the Agency got it wrong,'' are not relevant comments
warranting a response. International Fabricare Inst. v. EPA, 972 F.2d
384, 391 (D.C. Cir. 1992). As to the first comment, that the rules in
Pennsylvania should be more stringent than required under the Act, EPA
has no authority to mandate that a State regulate more stringently than
required. Under the CAA's bifurcated scheme, the State is responsible
for choosing how a source must be regulated for purposes of attaining
the National Ambient Air Quality Standards (NAAQS) and EPA's role is
limited in reviewing the State's choice to ensure it meets the minimum
statutory requirements. Here, as is clear from the commenter's two
points, the commenter is not claiming that the regulations do not meet
the statutory minimum, but rather that the statute does not require
enough. EPA has no authority to modify the statute, as requested by the
commenter nor does EPA have authority to require the State to regulate
more stringently than required by the statute. The CAA is based upon
``cooperative federalism,'' which contemplates that each State will
develop its own SIP, and that States retain a large degree of
flexibility in choosing which sources to control and to what degree.
EPA must approve a State's plan if it meets the ``minimum requirements
of the CAA. Union Elec. Co. v. EPA, 427 U.S. 246, 264-266 (1976).
III. Final Action
EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP on January 27, 2005 to establish and require VOC and
NOX RACT for seven sources pursuant to the Commonwealth's
SIP-approved generic RACT regulations.
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,
[[Page 65844]]
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 (CAA).
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
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 seven 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 January 3, 2006. 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 source-specific RACT requirements for seven
sources in the Commonwealth of Pennsylvania may not be challenged later
in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: October 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 entries for Molded Fiber Glass, Union City; SKF, USA, Incorporated;
Erie Forge and Steel Incorporated; OSRAM SYLVANIA Products, Inc.;
Owens-Brockway Glass Container; Texas Eastern Transmission Corporation;
and Johnstown America Corporation at the end of the table to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanation/Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Molded Fiber Glass, Union City.... OP-25-035 Erie.................. 7/30/99 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
SKF, USA, Incorporated............ 67-02010A York.................. 7/19/00 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
Erie Forge and Steel, Inc......... OP-25-924 Erie.................. 2/10/00 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
OSRAM SYLVANIA Products, Inc...... OP-59-0007 Tioga................. 1/22/98 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
Owens-Brockway Glass Container.... OP-33-002 Jefferson............. 11/23/98 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
Texas Eastern Transmission 32-000-230 Indiana............... 9/25/95 11/1/05 [Insert page 52.2020(d)(1)(k).
Corporation. number where the
document begins].
Johnstown America Corporation..... 11-000-288 Cambria............... 1/13/99 11/1/05 [Insert page 52.2020(d)(1)(k).
number where the
document begins].
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[[Page 65845]]
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[FR Doc. 05-21750 Filed 10-31-05; 8:45 am]
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