Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62583

2.4 Forwarding Service 

The price of Standard Mail does not 

include forwarding service. Forwarding 

is available under F010.5.3. 

2.5 Return Service 

The price of Standard Mail does not 

include return service. Return service is 

available under F010.5.3 for an 

additional fee. 

2.6 Extra Services 

Extra services available with Standard 

Mail are insured mail service (bulk 

insurance only), certificate of mailing 

service (bulk certificate of mailing only), 

return receipt for merchandise service, 

and Delivery Confirmation service 

(parcels only). See S900. 

2.7 Periodicals 

Authorized Periodicals may not be 

entered as Standard Mail unless 

permitted by standard. 

2.8 Identical Pieces 

The contents of printed matter in a 

Standard Mail mailing must be identical 

to a piece sent to at least one other 

addressee. Standard Mail may include 

the addressee’s name and address but 

may not transmit personal information 

except as permitted under 3.0. 

3.0 CONTENT STANDARDS 

3.1 Personal Information 

Personal information may not be 

included in a Standard Mail mailpiece 

unless all of the following conditions 

are met: 

a. The mailpiece contains explicit 

advertising for a product or service for 

sale or lease or an explicit solicitation 

for a donation. 

b. All of the personal information is 

directly related to the advertising or 

solicitation. 

c. The exclusive reason for inclusion 

of all of the personal information is to 

support the advertising or solicitation in 

the mailpiece. 

3.2 Bills and Statements of Account 

Mail containing bills or statements of 

account as defined in E110.3.0 may not 

be entered as Standard Mail except 

under the conditions described in 5.2. 

3.3 Handwritten and Typewritten 

Matter 

Mail containing handwritten or 

typewritten matter may not be entered 

as Standard Mail except under the 

conditions described in 4.0. 

An appropriate amendment to 39 CFR 

part 111 will be published to reflect 

these changes.

Neva R. Watson, 

Attorney, Legislative.

[FR Doc. 04–23646 Filed 10–26–04; 8:45 am] 

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[PA208–4231; FRL–7822–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania VOC and NOX RACT 

Determinations for National Fuel Gas 

Supply Corporation

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision was 

submitted by the Pennsylvania 

Department of Environmental Protection 

(DEP) to establish and require 

reasonably available control technology 

(RACT) for the National Fuel Gas 

Supply Corporation located in 

Pennsylvania. EPA is approving these 

revisions to establish RACT 

requirements in the SIP in accordance 

with the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is 

effective on November 26, 2004.

ADDRESSES: Copies of the documents 

relevant to this action are available 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; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue, NW., Room B108, Washington, 

DC 20460; Pennsylvania Department of 

Environmental Protection, Bureau of Air 

Quality, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Betty Harris, (215) 814–2168, or by email at harris.betty@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background 

On July 2, 2003, the Pennsylvania 

DEP submitted formal SIP revisions to 

establish RACT for two sources of VOC 

and NOX located in Pennsylvania. On 

May 24, 2004 (69 FR 29444), EPA 

published a direct final rule (DFR) 

approving revisions to DEP-issued 

operating permits which establish and 

require RACT for the National Fuel Gas 

Supply Corporation’s Roystone 

Compressor Station located in Sheffield, 

Warren County, Pennsylvania (OP 62–

141F) and the Crompton Corporation’s 

facility located in Fairview Township, 

Butler County, Pennsylvania (OP 10–

037). A description of the RACT 

determinations and EPA’s rationale for 

approving them were provided in the 

May 24, 2004 DFR and will not be 

restated herein. In accordance with 

direct final rulemaking procedures, on 

May 24, 2004 (69 FR 29480), EPA also 

published a companion notice of 

proposed rulemaking on these SIP 

revisions inviting interested parties to 

comment on the DFR. On May 26, 2004, 

EPA received adverse comment on its 

approval of the RACT determination for 

National Fuel Gas and Supply 

Corporation’s Roystone Compressor 

Station (National). EPA received no 

adverse comments on its approval of the 

RACT determination for the Crompton 

Corporation’s facility, and, therefore, 

EPA’s May 24, 2004 DFR approving 

DEP’s RACT determination for the 

Crompton facility became effective on 

July 23, 2004. On July 2, 2004 (69 FR 

40324), due to receipt of the adverse 

comment on its approval of the DEP’s 

RACT determination for National, EPA 

published a partial withdrawal of the 

DFR, specifically withdrawing its final 

rule approving DEP’s RACT 

determination for National. A summary 

of the adverse comment and EPA’s 

responses to the comment are provided 

in Section II of this document. 

II. Public Comment and EPA Responses 

Comment: On May 26, 2004, a citizen 

submitted adverse comment on EPA’s 

approval of the DEP’s RACT 

determination for National. The 

commenter states that the allowable 

NOX limitation imposed by the DEP on 

National’s Units 1, 2 and 3 should be 

decreased from 5.3 lbs per hour to 1.3 

lbs per hour and that all the other NOX

rates set in the DEP’s permit should be 

cut in half. The commenter contends 

that rather than simply re-stating state 

law which is too low, Federal officials 

should impose higher standards. 

Response: EPA disagrees with the 

commenter. The EPA has no authority 

to modify the submitted RACT rules as 

requested by the commenter. The CAA 

requires that a state determine and 

impose RACT for existing major sources 

of NOX and VOCs located in ozone 

nonattainment areas and the Ozone 

Transport Region. Those RACT 

requirements are then to be submitted to 

62584 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

EPA as revisions to the SIP. EPA can 

only take action on a SIP revision as it 

submitted by a state, and cannot, 

through rulemaking action on a SIP 

revision, alter the state’s submission to 

make its requirements more (or less) 

stringent. Therefore, even if EPA agreed 

that the commenter submitted 

convincing evidence that the statesubmitted limits are not RACT for this 

facility (which, as explained below, we 

do not), EPA could not modify the 

limits as requested by the commenter, 

but instead could only disapprove the 

SIP revision submitted by the State.

With regard to the criteria EPA uses 

to determine whether to approve or 

disapprove RACT SIP revisions 

submitted by the Pennsylvania DEP 

pursuant to 25 Pa Code Chapter 129.91–

129.95, we look to the provisions of 

those SIP-approved generic RACT 

regulations (see May 3, 2001 Federal 

Register, 66 FR 22123) and to the 

requirements of the Clean Air Act and 

relevant EPA guidance. In approving 

Pennsylvania’s generic RACT 

regulations, 25 Pa Code Chapters 121 

and 129, EPA, thereby, approved the 

definitions, provisions and procedures 

contained within those regulations 

under which the Commonwealth would 

require and impose RACT. Subsection 

129.91, Control of major sources of NOX

and VOCs, requires subject facilities to 

submit a RACT plan proposal to the 

DEP in accordance with subsection 

129.92, entitled, RACT proposal 

requirements. Under subsection 129.91, 

the DEP will approve, deny or modify 

each RACT proposal, impose the 

resulting RACT determination in an 

operating permit or plan approval, and 

submit each RACT determination to 

EPA for approval as a SIP revision. EPA 

reviews the case-by-case RACT plan 

approvals and/or permits submitted as 

individual SIP revisions by the 

Commonwealth to verify and determine 

if they are consistent with the RACT 

requirements of the Act and any 

relevant EPA guidance. EPA first 

reviews a SIP submission to ensure that 

the source and the Commonwealth 

followed the SIP-approved generic rule 

when applying for and imposing RACT, 

respectively. Then EPA reviews the 

technical and economic analyses 

conducted by the source and the state. 

If EPA believes additional information 

may further support or would undercut 

the RACT analyses submitted by the 

state, then we may add additional EPAgenerated analyses to the record of our 

rule to approve or disapprove the SIP 

revision. EPA’s review of the 

Commonwealth of Pennsylvania’s 

submission of its RACT determination 

for National imposed in DEP operating 

permit (OP 62–141F) indicates that the 

requirements of its SIP-approved 

generic RACT regulation 25 Pa Code 

Chapter 129.91–129.95 have been met. 

See preamble of the Direct Final Rule, 

May 24, 2004, (69 FR 29444). The 

commenter did not submit any 

supporting technical information to 

support that the suggested alternative 

emission limitations for National’s 

Roystone Compressor Station are RACT. 

Additionally, the commenter did not 

submit any justification or analysis to 

suggest that the RACT limits submitted 

by the State are inconsistent with the 

State’s RACT regulations, the CAA or 

EPA guidance. Because the commenter 

has submitted no new information that 

would cause us to reconsider our 

analysis that accompanied the proposed 

rule, we continue to believe that 

analysis supports our approval of the 

RACT limit for National. 

III. Final Action 

EPA is approving the Pennsylvania 

DEP’s RACT requirements for the 

National Fuel Gas Supply Corporation’s 

Roystone Compressor Station, located in 

Sheffield, Warren County, 

Pennsylvania. EPA is approving this 

RACT SIP submittal because DEP 

established and imposed these RACT 

requirements in accordance with the 

criteria set forth in the SIP-approved 

RACT regulations applicable to these 

sources. The DEP has also imposed 

record keeping, monitoring, and testing 

requirements on National Fuel Gas 

Supply Corporation’s Roystone 

Compressor Station sufficient to 

determine compliance with the 

applicable RACT determinations. 

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.). 

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 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62585

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 sourcespecific requirements for one named 

source.

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 December 27, 

2004. 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 pertaining to 

RACT for National Fuel Gas Supply 

Corporation’s Roystone Compressor 

Station, located in Sheffield, Warren 

County, 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: September 23, 2004. 

Donald S. Welsh, 

Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN—Pennsylvania

■ 2. Section 52.2020 is amended by 

adding paragraph (c)(213)(i)(B)(1) to read 

as follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * * 

(213) * * * 

(i) * * * 

(A) * * * 

(B) * * * 

(1) National Fuel Gas Supply Corp., 

Roystone Compressor Station, Sheffield, 

Warren County, OP 62–141F, effective 

date April 1, 2003.

* * * * *

[FR Doc. 04–23951 Filed 10–26–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[PA203–4218a; FRL–7821–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC and NOX RACT 

Determinations for Two Individual 

Sources

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

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 

two major sources of volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) 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 

December 27, 2004 without further 

notice, unless EPA receives adverse 

written comment by November 26, 

2004. 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 PA203–4218 by one of the 

following methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: morris.makeba@epa.gov

C. Mail: Makeba Morris, Chief, Air 

Quality Planning Branch, Mailcode 

3AP21, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted 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. PA203–4218. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change, 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 regulations.gov or email. The Federal 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 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. 

Copies of the documents relevant to 

this action are available 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; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue, NW., Room B108, Washington, 

DC 20460; Pennsylvania Department of 

Environmental Protection, Bureau of Air 

Quality, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Betty Harris at (215) 814–2168 or via email at harris.betty@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