[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Proposed Rules]
[Pages 10626-10628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2949]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 /
Proposed Rules
[[Page 10626]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-0502; FRL-8040-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Six Individual
Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes to approve revisions to the 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 six major sources of volatile organic compounds (VOC) and nitrogen
oxides (NOX) pursuant to the Commonwealth of Pennsylvania's
(Pennsylvania or the Commonwealth) SIP-approved generic RACT
regulations. EPA is proposing to approve these revisions in accordance
with the Clean Air Act (CAA).
DATES: Written comments must be received on or before April 3, 2006.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2005-0502 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2005-0502, 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 Docket ID No. EPA-R03-OAR-
2005-0502. 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.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is 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 http://www.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
http://www.regulations.gov index. 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
http://www.regulations.gov 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: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: On November 21, 2005, PADEP submitted
revisions to the Pennsylvania SIP. These SIP revisions consist of
source-specific operating permits, consent orders, and/or plan
approvals issued by PADEP to establish and require RACT for sixteen
individual sources pursuant to Pennsylvania's SIP-approved generic RACT
regulations. This proposed rulemaking covers the Commonwealth's source-
specific RACT determinations for six of those sources. The remaining
RACT determinations submitted by PADEP on November 21, 2005 will be the
subject of separate rulemakings.
I. Background
Pursuant to sections 182(b)(2) and 182(f) of the CAA, 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,
[[Page 10627]]
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), Consent Order (CO), or
Operating Permit (OP). The Commonwealth then submits these PAs, COs, or
OPs to EPA for approval as source-specific SIP revisions. EPA reviews
these SIP revisions to ensure that the PADEP has determined and imposed
RACT in accordance with the provisions of the SIP-approved generic RACT
rules.
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 a
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.
II. Summary of the SIP Revisions
The following table identifies the sources and the individual
consent orders (COs) and operating permits (OPs) which are the subject
of this rulemaking.
Pennsylvania.--VOC and NOX RACT Determinations for Individual Sources
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Operating permit (OP ``Major
Source's name County ) consent Source type source''
order (CO) pollutant
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DLM Foods (formerly Heinz USA) Allegheny.............. CO 211............... Food Processing. NOX.
NRG Energy Center (formerly Allegheny.............. CO 220............... Steam Generation NOX.
Pittsburgh Thermal Limited
Partnership).
Tasty Baking Oxford, Inc...... Chester................ OP-15-0104........... Bakery VOC.
Operations.
Siberline Manufacturing Carbon................. OP-13-0014........... Paint and VOC.
Company. Lacquers
Production.
Adhesives Research, Inc....... York................... OP-67-2007........... Surface Coating. VOC.
Mohawk Flush Doors, Inc....... Northumberland......... OP-49-0001........... Surface Coating. VOC.
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Interested parties are advised that copies of Pennsylvania's SIP
submittals for these sources, including the actual COs and OPs imposing
RACT, PADEP's evaluation memoranda and the sources' RACT proposals
(referenced in PADEP's evaluation memoranda) are included and may be
viewed in their entirety in both the electronic and hard copy versions
of the docket for this final rule.
As previously stated, all documents in the electronic docket are
listed in the http://www.regulations.gov index. Publicly available
docket materials are available either electronically in http://www.regulations.gov 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.
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. In accordance with its SIP-approved
generic RACT rule, the Commonwealth has also imposed record-keeping,
monitoring, and testing requirements on these sources sufficient to
determine compliance with the applicable RACT determinations.
III. Proposed Action
EPA is approving the revisions to the Pennsylvania SIP submitted by
PADEP on November 21, 2005 to establish and require VOC and
NOX RACT for six individual sources pursuant to the
Commonwealth's SIP-approved generic RACT regulations. EPA is soliciting
public comments on this proposed rule to approve these source-specific
RACT determinations established and imposed by PADEP in accordance with
the criteria set forth in its SIP-approved generic RACT regulations
applicable to these sources. These comments will be considered before
taking final action.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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 proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 proposed rule also does 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), nor will it 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), because it
merely proposes to approve a state rule implementing a Federal
standard, and
[[Page 10628]]
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This proposed rule
also is not subject to Executive Order 13045 (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. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule to approve six source-specific RACT
determinations established and imposed by the Commonwealth of
Pennsylvania pursuant to its SIP-approved generic RACT regulations does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 22, 2006.
William Early,
Acting Regional Administrator, Region III.
[FR Doc. E6-2949 Filed 3-1-06; 8:45 am]
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