[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Rules and Regulations]
[Pages 25070-25072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3996]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-0499; FRL-8162-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; NOX RACT Determinations for Five 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 five major sources and
[[Page 25071]]
nitrogen oxides (NOX) pursuant to the Commonwealth of
Pennsylvania'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 May 30, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-0499. All documents in the docket are listed in
the 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, PA 17105.
FOR FURTHER INFORMATION CONTACT: LaKeshia N. Robertson, (215) 814-2113,
or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 27, 2006 (71 FR 9747), 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 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.
Pennsylvania--VOC and NOX RACT Determinations for Individual Sources
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Plan approval (PA ``Major
Source's name County No.) operating Source type source''
permit (OP No.) pollutant
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Pennsylvania Electric Company.. Indiana........... 32-000-059 Two boilers and four NOX
diesel generators.
The Harrisburg Authority....... Dauphin........... 22-2007 Two identical NOX
independent mass burn
refuse combustion/
steam generation
units.
Texas Eastern Trasmission Corp. Perry............. 50-02001 IC engine and two hp NOX
gas turbines.
Graybec Lime, Inc.............. Centre............ OP-14-0004 Three rotary lime NOX
kilns and two waste
oil furnaces.
Techneglas, Inc................ Luzerne........... 40-0009A Three glass melting NOX
furances.
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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 NOX
RACT for five major 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 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
[[Page 25072]]
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 five 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 June 27, 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 five
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.
Dated: April 19, 2006.
William C. Early,
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 Pennsylvania Electric Company; The Harrisburg
Authority; Texas Eastern Transmission Corp; Graybec Lime, Inc.; and
Techneglas, Inc. at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
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State Additional explanation/ Sec.
Name of source Permit No. County effective date EPA approval date 52.2063 citation
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* * * * * * *
Pennsylvania Electric Company...... 32-000-059 Indiana................ 12/29/94 4/28/06 [Insert page number 52.2020(d)(1)(n)
where the document begins].
The Harrisburg Authority........... 22-2007 Dauphin................ 6/2/95 4/28/06 [Insert page number 52.2020(d)(1)(n)
where the document begins].
Texas Eastern Transmission Corp.... 50-02001 Perry.................. 4/12/99 4/28/06 [Insert page number 52.2020(d)(1)(n)
where the document begins].
Graybec Lime, Inc.................. OP-14-0004 Centre................. 4/16/99 4/28/06 [Insert page number 52.2020(d)(1)(n)
where the document begins].
Techneglas, Inc.................... 40-0009A Luzerne................ 1/29/95 4/28/06 [Insert page number 52.2020(d)(1)(n)
where the document begins].
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[FR Doc. 06-3996 Filed 4-27-06; 8:45 am]
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