[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Rules and Regulations]
[Pages 27394-27396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4395]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-0502; FRL-8168-5]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT Determinations for Six 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 six 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: Effective Date: This final rule is effective on June 12, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-0502. All documents in the docket are listed in
the http://www.regulations.gov Web site. 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 through http://www.regulations.gov 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: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 2, 2006 (71 FR 10626), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of formal SIP revisions submitted by Pennsylvania on November
21, 2005. These SIP revisions consist of source-specific operating
permits, consent orders 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 consent orders (COs) and operating permits (OPs)
which are the subject of this rulemaking.
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
----------------------------------------------------------------------------------------------------------------
Operating permit ``Major
Source's name County (OP No.) Consent Source type source''
order (CO No.) 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 Operations..... VOC
Silberline Manufacturing Carbon............ OP-13-0014........ Paint and Lacquers VOC
Company. 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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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. No public comments
were received on the NPR.
II. Final 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 sources pursuant to the Commonwealth's SIP-
approved generic RACT regulations.
III. 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
[[Page 27395]]
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 July 10, 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 six
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: April 26, 2006.
Judith Katz,
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.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (d)(1) is amended by adding
the entries for DLM Foods, NRG Energy Center, Tasty Baking Oxford,
Inc., Silberline Manufacturing Company, Adhesives Research, Inc., and
Mohawk Flush Doors, Inc., at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
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State effective Additional explanation/ Sec.
Name of source Permit No. County date EPA approval date 52.2063 citation
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* * * * * * *
DLM Foods (formerly Heinz USA).... CO 211 Allegheny............ 6/9/05 5/11/06............. 52.2020(d)(1)(o).
[Insert page number
where the document
begins].
NRG Energy Center (formerly CO 220 Allegheny............ 6/9/05 5/11/06............. 52.2020(d)(1)(o).
Pittsburgh Thermal Limited [Insert page number
Partnership). where the document
begins].
Tasty Baking Oxford, Inc.......... OP-15-0104 Chester.............. 5/12/04 5/11/06............. 52.2020(d)(1)(o).
[Insert page number
where the document
begins].
Silberline Manufacturing Company.. OP-13-0014 Carbon............... 4/19/99 5/11/06............. 52.2020(d)(1)(o).
[Insert page number
where the document
begins].
Adhesives Research, Inc........... OP-67-2007 York................. 7/1/95 5/11/06............. 52.2020(d)(1)(o).
[Insert page number
where the document
begins].
Mohawk Flush Doors, Inc........... OP-49-0001 Northumberland....... 1/20/99 5/11/06............. 52.2020(d)(1)(o).
[Insert page number
where the document
begins].
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[[Page 27396]]
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[FR Doc. 06-4395 Filed 5-10-06; 8:45 am]
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