78418 Federal Register / Vol. 65, No. 242 / Friday, December 15, 2000 / Rules and Regulations

Plan pertaining to the Nitrogen Oxides

Budget Program.

(D) Revisions to COMAR 26.11.27,

Post RACT Requirements for NOX

Sources (NOX Budget Program) and

COMAR 26.11.28, Polices and

Procedures Relating to Maryland’s NOX

Budget Program, effective June 1, 1998.

(1) Addition of COMAR 26.11.27.01

through COMAR 26.11.27.14, except

COMAR 26.11.27.04, .07 and .11.

(2) Addition of COMAR 26.11.28.01

through COMAR 26.11.28.13, except

COMAR 26.11.28.08.

(E) Revisions to COMAR 26.11.27,

Post RACT Requirements for NOX

Sources (NOX Budget Program) and

COMAR 26.11.28, Polices and

Procedures Relating to Maryland’s NOX

Budget Program, effective October 18,

1999, consisting of the addition of new

COMAR 26.11.27.04, .07 and .11.

(F) Revisions to COMAR 26.11.27,

Post RACT Requirements for NOX

Sources ( NOX Budget Program) and

COMAR 26.11.28, Polices and

Procedures Relating to Maryland’s NOX

Budget Program, consisting of the

consent agreement between the

Maryland Department of the

Environment and the Potomac Electric

Power Company, effective September

13, 1999.

(G) Revisions to COMAR 26.11.27,

Post RACT Requirements for NOX

Sources ( NOX Budget Program) and

COMAR 26.11.28, Polices and

Procedures Relating to Maryland’s NOX

Budget Program, consisting of the

consent agreement between the

Maryland Department of the

Environment and the Baltimore Gas &

Electric Company, effective November

19, 1999.

(ii) Additional Material—Remainder

of August 28, 1998, November 16, 1999

and March 20, 2000 submittals

pertaining to the Nitrogen Oxides

Budget Program.

[FR Doc. 00–32001 Filed 12–14–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4096a; FRL–6577–9 ]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of VOC and

NOX RACT Determinations for

Individual Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the

Commonwealth of Pennsylvania’s State

Implementation Plan (SIP). The

revisions establish and require

reasonably available control technology

(RACT) for 56 major sources of volatile

organic compounds (VOC) and nitrogen

oxides ( NOX). EPA is approving these

revisions to establish RACT

requirements in the SIP in accordance

with the Clean Air Act.

DATES: This rule is effective on February

13, 2001 without further notice, unless

EPA receives adverse written comment

by January 16, 2001. 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: Written comments should

be mailed to Makeba Morris, Chief,

Permits and Technical Assessment

Branch, Air Protection Division,

Mailcode 3AP11, U.S. Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania

19103. 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, 401 M Street, SW,

Washington, DC 20460; and the

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.

FOR FURTHER INFORMATION CONTACT: Ray

Chalmers at (215) 814–2061 for

information on sources #1 through #17,

Melik Spain at (215) 814–2299 for

information on sources #18 through #50,

or Helene Drago at (215) 814–5796 for

information on sources #51 through 56.

SUPPLEMENTARY INFORMATION:

I. Background

On September 20, 1995, December 8,

1995, January 10, 1996, March 21, 1996,

April 16, 1996, May 2, 1996, June 10,

1996, September 13, 1996, January 21,

1997, July 2, 1997, November 4, 1997,

December 31, 1997, March 24, 1998,

April 20, 1998, May 29, 1998, July 24,

1998, December 7, 1998, February 2,

1999, March 3, 1999, April 9, 1999, and

April 20, 1999, the Commonwealth of

Pennsylvania (the Commonwealth)

submitted formal revisions to its SIP to

establish RACT for major sources of

VOCs and NOX. EPA is approving the

Commonwealth’s RACT submittals for

56 of these sources in this rulemaking

action. EPA will address the

Commonwealth’s submittals for other

sources in later rulemaking actions. The

Commonwealth’s submittals consist of

plan approvals, operating permits, and/

or compliance permits which contain

the RACT requirements for each source.

In accordance with Pennsylvania’s SIP

revision request, EPA is approving only

the RACT related requirements

contained in these plan approvals,

operating permits, and/or compliance

permits.

Pursuant to sections 182(b)(2) and

182(f) of the Clean Air Act (CAA),

Pennsylvania is required to 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), which is established by the CAA.

The Pennsylvania portion of the

Philadelphia-Wilmington-Trenton

ozone nonattainment area (the

Philadelphia area) consists of Bucks,

Chester, Delaware, Montgomery, and

Philadelphia Counties and is classified

as severe. Under section 184 of the

CAA, at a minimum, moderate ozone

nonattainment area requirements

(including RACT as specified in

sections 182(b)(2) and 182(f)) apply

throughout the OTR. The entire

Commonwealth of Pennsylvania is in

the OTR. Therefore, RACT is applicable

statewide in Pennsylvania.

II. Summary of the SIP Revision

The details of the RACT requirements

for each source are discussed in the

technical support documents (TSDs)

found in the docket for this rulemaking

action and will not be reiterated in this

document. Briefly, EPA is approving

revisions to the Pennsylvania SIP

establishing and requiring VOC and/or

NOX RACT for 56 major sources. The

RACT determinations and requirements

are included in plan approvals,

operating permits and/or compliance

permits. Several of the plan approvals,

operating permits, and/or compliance

permits also contain provisions which

are not relevant to the requirements for

RACT. These provisions are not part of

Pennsylvania’s SIP revision requests to

EPA.

RACT Determinations

The following table identifies the

individual plan approvals, operating

permits and/or compliance permits EPA

is approving. The specific emission

limitations and other RACT

requirements for these sources are

summarized in the accompanying TSDs,

which are available upon further request

Federal Register / Vol. 65, No. 242 / Friday, December 15, 2000 / Rules and Regulations 78419

from the EPA Region III office listed in

the ADDRESSES section of this document.

PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES

Source County

Plan approval

(PA #) Operating permit (OP

#) Compliance

permit (CP #)

(date of

issuance)

Source type

Major

source

pollutant

1. Boeing Company, Defense and Space

Group, Helicopters Division.

Delaware .......... CP–23–0009 Helicopter Manufacturing ............................... VOC/NOX

2. Delaware County Regional Water Quality

Control Authority.

Delaware .......... OP–23–0032 Wastewater Treatment Plant ......................... VOC/NOX

3. Delbar Products .......................................... Bucks ................ OP–09–0025 Truck Mirror Manufacturer ............................. VOC

4. Department of Public Welfare—Norristown

State Hospital.

Montgomery ...... OP–46–0060 Hospital .......................................................... NOX

5. Dopaco, Inc. ................................................ Chester ............. CP–15–0029 Printer ............................................................. VOC

6. Garlock, Inc. ................................................ Bucks ................ CP–09–0035

PA–09–0035

Thin Film and Tape Manufacturer ................. VOC

7. Interstate Brands Corp. .............................. Philadelphia ...... PLID: 5811 Bakery ............................................................ VOC/NOX

8. J.B. Slevin, Inc. ........................................... Delaware .......... OP–23–0013 Printer ............................................................. VOC

9. Laclede Steel Company ............................. Bucks ................ OP–09–0023 Steel Products Manufacturer ......................... VOC/NOX

10. LNP Engineering Plastics ......................... Chester ............. OP–15–0035 Polymer Pellet Manufacturer .......................... VOC

11. Lukens Steel Company ............................ Montgomery ...... OP–15–0010 Steel Plate Producer ...................................... VOC/NOX

12. Nabisco, Inc. ............................................. Philadelphia ...... 15–3201 Bakery ............................................................ VOC/NOX

13. PECO—Croydan Station .......................... Bucks ................ OP–09–0016a Turbines ......................................................... VOC/NOX

14. PECO—Limerick Station .......................... Montgomery ...... OP–46–0038 Boilers ............................................................ VOC/NOX

15. PECO—Fairless ........................................ Bucks ................ OP–09–0066 Boilers ............................................................ VOC/NOX

16. PECO—West Conshohocken ................... Montgomery ...... OP–46–0045A Turbine ........................................................... NOX

17. PENELEC—Front Street Station .............. Erie ................... 25–0041 Boilers ............................................................ NOX

18. American Inks & Coating Corp. ................ Chester ............. 15–0026A Inorganic Pigment Manufacturer .................... VOC

19. Avery Denison Corp. ................................ Bucks ................ 09–001A Surface Coating ............................................. VOC/NOX

20. Cabot Performance Materials ................... Berks/Montgomery.46–0037 Chemical Manufacturer .................................. VOC/NOX

21. Cleveland Steel Container ........................ Bucks ................ 09–0022 Steel Products Manufacturer ......................... VOC

22. CMS Gilbreth Packaging Systems ........... Bucks ................ 09–0036 Graphic Arts ................................................... VOC

23. CMS Gilbreth Packaging Systems ........... Bucks ................ 09–0037 Graphic Arts ................................................... VOC

24. Congoleum Corporation ............................ Delaware .......... 23–0021 Graphic Arts ................................................... VOC

25. Epsilon Products Corporation ................... Delaware .......... 23–0012 Synthetic Materials ......................................... VOC

26. Foamex International Inc. ......................... Delaware .......... 23–006A Synthetic Materials ......................................... VOC/NOX

27. Forms; Spectra Graphics .......................... Montgomery ...... 46–0023 Graphic Arts ................................................... VOC

28. Global Packaging, Inc. .............................. Montgomery ...... 46–0026 Graphic Arts ................................................... VOC

29. Jefferson Smurfit Corp. ............................. Montgomery ...... 46–0041 Graphic Arts ................................................... VOC

30. Jefferson Smurfit Corp. ............................. Montgomery ...... 46–0062 Graphic Arts ................................................... VOC

31. Lonza Inc. ................................................. Montgomery ...... 46–0025 Chemical Manufacturer .................................. VOC/NOX

32. Markel Corp. ............................................. Montgomery ...... 46–0081 Synthetic Materials ......................................... VOC

33. McCorquodale Security Cards, Inc. .......... Chester ............. 15–0037 Graphic Arts ................................................... VOC

34. Mike-Rich, Inc. .......................................... Bucks ................ 09–0021 Graphic Arts ................................................... VOC

35. Minnesota Mining and Manufacturing ...... Bucks ................ CP 09–0005 Boilers and Process Sources ......................... VOC/NOX

36. MM Biogas Power LLC ............................. Montgomery ...... 46–0067 Low Emission Combustion ............................. NOX

37. Norwood Industries ................................... Chester ............. 15–0014A Surface Coating ............................................. VOC/NOX

38. NVF Company .......................................... Chester ............. 15–0030 Synthetic Materials ......................................... VOC/NOX

39. Occidental Chemical Corp. ....................... Montgomery ...... 46–0015 Synthetic Materials ......................................... VOC/NOX

40. Philadelphia Newspaper, Inc. ................... Montgomery ...... 46–0012 Graphic Arts ................................................... VOC

41. Procter & Gamble Paper Products Co. .... Wyoming ........... 66–0001 Paper & Pulp Mill ........................................... VOC/NOX

42. Quebecor Printing Atglen Inc. .................. Chester ............. 15–0002 Graphic Arts ................................................... VOC

43. Sartomer Company, Inc. ........................... Chester ............. 15–0015 Chemical Manufacturer .................................. VOC

44. Silberline Manufacturing ........................... Carbon .............. 54–0041 Synthetic Materials ......................................... VOC

45. Smithkline Beecham Research Co. .......... Montgomery ...... 46–0031 Pharmaceutical Manufacturer ........................ NOX

46. Sullivan Graphics, Inc. .............................. York .................. 67–2023 Graphic Arts ................................................... VOC

47. Sun Company, Inc. (R&M) ....................... Delaware .......... 23–0010 Petroleum Transfer Station ............................ VOC

48. Sun Company, Inc. (R&M) ....................... Delaware .......... 23–0011 Petroleum Transfer Station ............................ VOC

49. Universal Packaging Corp. ....................... Montgomery ...... 46–0156 Graphic Arts ................................................... VOC

50. Zenith Products Corp. ............................... Delaware .......... 23–0008 Surface Coating ............................................. VOC

51. Budd Company ......................................... Philadelphia ...... 51–1564 Industrial Boiler .............................................. NOX

52. Bellevue Cogeneration Plant .................... Philadelphia ...... 51–6513 Industrial Boiler .............................................. NOX

53. MSC Prefinish Metals ............................... Bucks ................ 09–0030 Surface Coater ............................................... VOC/NOX

54. Temple University ..................................... Philadelphia ...... 51–8906 Industrial Boiler—Medical Incinerator ............ NOX

55. Trigen-Schuylkill Station ........................... Philadelphia ...... 51–4942 Utility ............................................................... NOX

56. Trigen-Edison Station ............................... Philadelphia ...... 51–4902 Utility ............................................................... NOX

78420 Federal Register / Vol. 65, No. 242 / Friday, December 15, 2000 / Rules and Regulations

EPA is publishing this rule without

prior proposal because we view this as

a noncontroversial amendment and

anticipate no adverse comment.

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register, EPA

is publishing a separate document that

will serve as the proposal to approve the

SIP revision if adverse comments are

filed. This direct final rule will be

effective on February 13, 2001 without

further notice unless we receive adverse

comment by January 16, 2001. If EPA

receives adverse comment, EPA will

publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect. EPA

will address all public comments in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

must do so at this time. Please note that

if EPA receives adverse comment on an

amendment, paragraph, or section of

this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

III. Final Action

EPA is approving revisions to the

Commonwealth of Pennsylvania’s SIP

submitted by the Department of

Environmental protection which

establish and require RACT for 56 major

sources of NOX and VOC located in

Pennsylvania.

IV. Administrative Requirements

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. 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 preexisting 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).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

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), because it 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 (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 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 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 sourcespecific requirements for 56 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 February 13,

2001. 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

Pennsylvania’s source-specific RACT

requirements for 56 sources 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone.

Editorial note. This document was

received at the Office of the Federal Register

on December 6, 2000.

Dated: March 23, 2000.

Bradley M. Campbell,

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)(143) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(143) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to VOC and NOX RACT, submitted by

the Pennsylvania Department of

Environmental Protection on September

Federal Register / Vol. 65, No. 242 / Friday, December 15, 2000 / Rules and Regulations 78421

20, 1995, December 8, 1995, January 10,

1996, March 21, 1996, April 16, 1996,

May 2, 1996, June 10, 1996, September

13, 1996, January 21, 1997, July 2, 1997,

November 4, 1997, December 31, 1997,

March 24, 1998, April 20, 1998, May 29,

1998, July 24, 1998, December 7, 1998,

February 2, 1999, March 3, 1999, April

9, 1999, and April 20, 1999.

(i) Incorporation by reference.

(A) Letters submitted by the

Pennsylvania Department of

Environmental Protection transmitting

source-specific VOC and/or NOX RACT

determinations, in the form of plan

approvals, operating permits, or

compliance permits, or supplementary

information, on the following dates:

September 20, 1995, December 8, 1995,

January 10, 1996, March 21, 1996, April

16, 1996, May 2, 1996, June 10, 1996,

September 13, 1996, January 21, 1997,

July 2, 1997, November 4, 1997,

December 31, 1997, March 24, 1998,

April 20, 1998, May 29, 1998, July 24,

1998, December 7, 1998, February 2,

1999, March 3, 1999, April 9, 1999, and

April 20, 1999.

(B) Plan approvals (PA), Operating

permits (OP), and Compliance Permits

(CP):

(1) Boeing Company, Defense and

Space Group, Helicopters Division, CP–

23–0009, issued 09/03/1997, except for

the expiration date, the requirements of

Conditions 5.B, 6.C, 7.C, 8.C, 9.D, 10.B,

and 11.B, and any of their associated

recordkeeping and reporting

requirements.

(2) Delaware County Regional Water

Quality Control Authority’s Western

Regional Treatment Plant (DELCORA

WRTP), OP–23–0032, issued 03/12/

1997, as revised on 05/16/1997, except

for the expiration date and the

requirements of Conditions 9, 12, 14, 15,

16, and any associated recordkeeping

and reporting requirements.

(3) Delbar Products, Inc., OP–09–

0025, issued 02/01/96, except for the

expiration date and the requirements of

Conditions 3, 4, 5, 6.A, 6.B, 6.C.1, 6.C.2,

8 and 9.

(4) Department of Public Welfare’s

Norristown State Hospital, OP–46–0060,

issued 01/21/1998, except for the

expiration date and Conditions 3, 4, 5,

8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22,

23, and 24.

(5) Dopaco, Inc., CP–15–0029, issued

03/06/1996, except for the expiration

date and the requirements of Conditions

4, 5, 6, 7, 8, 9, 10.C, 10.D, 10.H.3,

10.H.4, 11, 12, 13, 14, 15, 16, and 17.

(6) Garlock, Inc., PA–09–0035, issued

03/12/1997, except for the expiration

date and Conditions 2, 10, 13, 15.B–F.

(7) Interstate Brands Corporation,

PLID 5811, effective 04/10/1995, except

for Conditions 1.A(1), (2), (4) and (5),

2.B, 2.C, 7, 8, and 9. (Note: Interstate

Brands Corporation acquired this

facility through purchase of Continental

Baking Company, which was the owner

of the facility when the RACT permit

was issued. Accordingly, Continental

Baking Company is shown as the facility

owner on the permit.)

(8) J.B. Slevin Company, Inc., OP–23–

0013, issued 09/03/1996, except for the

expiration date and the requirements of

Conditions 4, 5.A. and 8, 9, and 10.

(9) Laclede Steel Company, OP–09–

0023, issued 7/17/1995, except for the

expiration date and requirements of

Conditions 3 and 7.

(10) LNP Engineering Plastics, Inc.,

OP–15–0035, issued 10/31/97, except

for the expiration date, Conditions 3, 4,

5, 6, 7 (as it relates to non-criteria

pollutants), 10 (as it relates to keeping

records required to show compliance

with Condition 5), 12, 15, 16, and 21.

(11) Lukens Steel Company, OP–15–

0010, issued 05/06/1999, except for the

expiration date, Conditions 4, 5, 6, 7, 8,

9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,

21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,

32, 33, and 34. Permit Condition 3 lists

units subject to RACT requirements. All

of the listed units are subject to VOC

RACT requirements, but only the C and

D electric arc furnaces, the Drever

Furnace, the NAB Furnaces, the nine

batch heat treatment furnaces, the EMS

boiler, the Soaking Pits and the ZIP line

process are subject to NOX RACT

requirements.

(12) Nabisco Biscuit Co., PLID 3201,

effective 04/10/1995, except for

Conditions 1.A(1), 1.A(3), 1.A(4), 1.A(5),

1.A(6), 2.B, 2.C, 7, 8, and 9.

(13) PECO Energy Company, Croydon

Station, OP–09–0016A, issued 12/20/

1996, except for the expiration date,

Conditions 4, 5, 7(C), 7(D), 7(E) and 10.

(14) PECO Energy Company, Limerick

Station, OP–46–0038, issued 7/25/1995,

except for the expiration date,

Conditions 4, 5, 8(B), 9(B), 10(A)(3),

10(C), and 11.

(15) PECO Energy Company, Fairless

Works, OP–09–0066, issued 12/31/1998,

as revised on 04/06/1999, except for the

expiration date, Conditions 4, 5, 6, 7,

and 8, the portion of Condition 10

pertaining to sulfur content of fuel oil,

the provision of Condition 11 (B)

pertaining to annual NOX emissions, the

provisions in 11(C) regarding landfill

gas and Condition No. 15.

(16) PECO Energy Company, West

Conshohocken Plant, OP–46–0045A,

issued 12/04/1997, except for the

expiration date and the provisions of

Conditions 3B, 3C, 3D, 4, 5, 6(B)(2), 7,

8, 9D, 9E, and 9F.

(17) Pennsylvania Electric Company

(owner) and GPU Generation, Inc.

(operator), Front Street Plant, 25–0041,

issued 02/25/1999, except for

Conditions 7, 8, 9, and 10.

(18) American Inks and Coatings

Corporation, OP 15–0026A, issued 01/

10/1997, except for the expiration date,

all ton per year limitations, and

Conditions 3, 4, 5, 7(A), 8(A), 8(C), 9,

11, 12, 13, and 14.

(19) Avery Dennison Corporation

(Fasson Roll Division), OP 09–0001A,

issued 10/02/1997, except for the

expiration date, Conditions 3, 4, 5, 7, 8,

9(A)1, 9(A)2, 9(A)3, 9(A)4, 9(A)5, 9(A)7,

9(A)8, 9(A)9, 9(B), 9(C), 9(D), 10, 11, 12,

13, and 14.

(20) Cabot Performance Materials, OP

46–0037, issued 04/13/1999, except for

the expiration date and Conditions 4, 5,

6, 7, 8, 9, 15(b), 15(c), 16, 17, 18, 19, 20,

21, 22, 23, and 24.

(21) Cleveland Steel Container

Corporation, OP 09–0022, issued 09/30/

1996, except for the expiration date, and

the allowable ton-VOC/year limits in

Condition 4, and Conditions 3, 6, and 8.

(22) CMS Gilbreth Packaging Systems,

OP 09–0036, issued 01/07/1997, except

for the expiration date and Conditions 3,

4, 19, 20, 21, 22, 23, 24, 25, 26, and 27.

(23) CMS Gilbreth Packaging Systems,

OP 09–0037, issued 04/10/1997, except

for the expiration date, Conditions 3, 4,

22, 23, 24, 25, 26, 27, 28, and 29.

(24) Congoleum Corporation, OP 23–

0021, issued 12/31/1998, except for the

expiration date and Conditions 3, 4,

5(A), 5(B), 5(D), 5(E), 6, 7(a), 8, 9, 10, 11,

12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,

23, 24, 25, and 26.

(25) Epsilon Products Company, OP

23–0012, issued 02/15/1996, except for

the expiration date and Conditions 3,

4(B), 4(C), 7, 9, 10, 12, 13, 14, and 15.

(26) Foamex International, Inc., OP

23–0006A, issued 09/30/1996, as

revised on 3/30/1999, except for the

expiration date and Conditions 3, 4, 5,

8, 9, 10, 11, 12, 13, and 14.

(27) Forms, Inc., Spectra Graphics, OP

46–0023, issued 11/09/1995, as revised

on 03/25/1998, except for the expiration

date, Conditions 4, the VOC lbs/hr

limits in Condition 5 for both the

heatset and nonheatset press materials,

6, 7, 9, 11 and 12.

(28) Global Packaging, Inc., OP 46–

0026, issued 08/30/1996, as revised on

12/24/1997, except for the expiration

date, Conditions 3, 4, 5, 6, the nitrogen

oxide limits in Condition 7(B), 10, and

11. (Note: Pennsylvania issued the

revised permit to Global Packaging, Inc.

Global Packaging, Inc. acquired this

facility through purchase of BG

Packaging, Inc., which had owned the

facility when the original RACT permit

78422 Federal Register / Vol. 65, No. 242 / Friday, December 15, 2000 / Rules and Regulations

was issued. Accordingly, BG Packaging,

Inc. is shown as the facility owner on

the original permit.)

(29) Jefferson Smurfit Corporation

(U.S.), OP 46–0041, issued 04/18/1997,

except for the expiration date,

Conditions 3, 4, 5, 15(B), 16, 17, 18, 19,

20, 21, and 22 and the record keeping

and monitoring requirements of

Condition No. 15(A) associated with

Condition 4.

(30) Jefferson Smurfit Corporation, OP

46–0062, issued 07/15/1996, except for

the expiration date and Conditions 3

and 5(F).

(31) Lonza, Inc., OP 46–0025, issued

04/22/1997, as revised on 06/16/1998,

except for the expiration date,

Conditions 3, 6, 7, 8, 9, 10, 11, 12, 13(B),

13(D) and 13(E).

(32) Markel Corporation, OP 46–0081,

issued 04/09/1999, except for the

expiration date and Conditions 3, 4, 5,

11, 19, 20, 21, 22, 23, 24, 25, 26, and 27.

(33) McCorquodale Security Cards,

Inc., OP 15–0037, issued 09/03/1996,

except for the expiration date and

Conditions 3, 4, 5, 6, 7, 8, 9, 11, 15, 16,

and 17.

(34) Mike-Rich, Inc., OP 09–0021,

issued 12/20/1996, except for the

expiration date, Conditions 3, 4, 5, 7,

and the general conditions listed in

Condition 8.

(35) Minnesota Mining and

Manufacturing Co. (3M), CP 09–0005,

issued 08/08/1996, except for the

expiration date and Conditions 4, 5, 6,

7, 8, 9, 10, 11(C), 12 (C), 12(D), 13(A),

13(C), 13(D), 14, 15, 16, 17, 18, 19, 20,

21, and 22.

(36) MM Biogas Power LLC, OP 46–

0067, issued 10/31/1997, except for the

expiration date and Conditions 3, 4, 7,

9 (as it pertains to the Superior engine),

10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20

and 21.

(37) Norwood Industries, Inc., OP 15–

0014A, issued 12/20/1996, as revised on

12/02/1999, except for the expiration

date, Conditions 3, 4, 5, 6(A), 6(B), 6(C),

6(D)1, 6(D)2, 6(D)3, 6(D)5, 6(E), 6(F)1,

6(F)2, 6(F)3, 6(F)5, 6(F)6, 6(G), 7, 8(A),

8(C), 8(D), 8(F), 8(G), 8(H), 8(I), and 9.

(38) NVF Company, OP 15–0030,

issued 04/13/1999, except for the

expiration date and Conditions 3, 4, 5,

6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,

19, 20, 21, 22, 23, 24, 25, 26, and 27.

(39) Occidental Chemical

Corporation, OP 46–0015, issued 11/07/

1996, except for the expiration date and

Conditions 4, 5, 6(A), the capacity factor

in 6(B), 6(E), 7, 8(A), 8(C), 8(D)1, 8(D)2a,

8(D)2b, 8(D)2c, 8(D)2d, 8(D)5, 8(E), 9,

10, 11(B), 12.

(40) Philadelphia Newspapers,

Incorporated, OP 46–0012, issued 08/

30/1996, as revised on 03/15/2000,

except for the expiration date, and

Conditions 3, 4(A), 5, 9, and 11.

(41) Procter & Gamble Paper Products

Company, OP 66–0001, issued 04/04/

1997, except for the expiration date, and

Conditions 3, 4, 6, 7, 8, 9, 10, 11, 14, 15,

17, 18, 19, 20, 21, and 22.

(42) Quebecor Printing Atglen, Inc.,

OP 15–0002, issued 12/10/1996 except

for the expiration date and Conditions 3,

4(A) except as it relates to cleaning

solvents, 4(B), 4(C), 5, 6, 7, 8(A), 8(B)

and 8(D).

(43) Sartomer Company, Inc., OP 15–

0015, issued 01/17/1996, as revised on

03/25/1998, except for the expiration

date and Conditions 3, 4, 5, 8, 13, 14,

15(A), and 16.

(44) Silberline Manufacturing

Company, Inc., OP 54–0041, issued 04/

19/1999, except for the expiration date

and Conditions 3, 4, 5, 6, 9, 12, 13, 14,

15, 16, 17, 18, 19, 20, and 21.

(45) SmithKline Beecham Research

Company, OP 46–0031, issued 10/31/

1997, as revised on 05/01/1998, except

for the expiration date and Conditions 3,

4, 5(a) as it pertains to the Cleaver

Brooks boiler rated at 31.4 MMbtu/hr.,

6(b), and 6(c).

(46) Sullivan Graphics, Inc., OP 67–

2023, issued 08/22/1995, except for the

expiration date and Conditions 4, 5,

9(c), 9(d), 10, 19, 20, and 24.

(47) Sun Company, Inc. (R&M), OP

23–0010, issued 10/31/1996, except for

the expiration date and Conditions 3, 4,

6, 7, 8 and 10.

(48) Sun Company, Inc. (R&M), OP

23–0011, issued 10/31/1996, except for

the expiration date and Conditions 3, 4,

6 and 8.

(49) Universal Packaging Corporation,

OP 46–0156, issued 04/08/1999, except

for the expiration date, and Conditions

3, 4, 5, 9 and 11.

(50) Zenith Products Corporation, OP

23–0008, issued 04/07/1997, except for

the expiration date, and Conditions 4, 6,

7, 8(A), 8(B), 9(B), 10, 11, and 12.

(51) Budd Company, PLID 51–1564,

effective 12/28/1995, except for

Conditions 7, 8 and 9.

(52) Bellevue Cogeneration Plant,

PLID 06513, effective 4/10/1995, except

for Conditions 1.A(2), 2.B, 4.B, 7, 8 and

9.

(53) MSC Pre Finish Metals, Inc., OP–

09–0030, issued 11/7/1996, as revised

on 03/31/1998, except for the expiration

date and Conditions 3, 4, 5, 6.A, 6.B.1,

6.B.5, 6.B.9, 6.C, 6.D.1 (a, b, and e), 8.A,

8.B, 9, 10.E, and 11.

(54) Temple University, Health

Sciences Center, PLID 8906, effective 5/

27/1995, excluding Conditions 1.A(2),

2.B, 6, 7, and 8.

(55) Trigen—Schuylkill Station, PLID

04942, effective 5/29/1995, except for

Conditions related to low NOX burners

found at 1.B(1) and 2(A), the provision

in Condition 3.A(1) limiting NOX

emissions to 1646 tons per year, 4 (B),

7, 8, and 9.

(56) Trigen—Edison Station, PLID

4902, effective 5/29/1995, excluding

portions of Condition 3.A.(1) limiting

NOX emissions in tons per year and

Conditions 7, 8, and 9.

(C) Letters from the Pennsylvania

Department of Environmental

Protection, dated 09/21/2000, and 10/

20/2000, in which Pennsylvania

provided supplementary information

regarding many of the permits listed in

i(B) above, and in which Pennsylvania

specified the permit conditions, listed

in i(B) above, which it did not wish to

have incorporated into the Pennsylvania

State Implementation Plan.

[FR Doc. 00–31463 Filed 12–14–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Parts 385 and 386

[Docket No. FMCSA–00–7332]

RIN 2126–AA54

Sanctions Against Motor Carriers,

Brokers, and Freight Forwarders for

Failure To Pay Civil Penalties

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule.

SUMMARY: The FMCSA implements

section 206 of the Motor Carrier Safety

Improvement Act of 1999 (MCSIA) by

amending the penalty provisions of the

rules of practice of the Federal Motor

Carrier Safety Regulations (FMCSRs).

This action prohibits a motor carrier

that does not pay civil penalties

assessed by the FMCSA, or that does not

arrange and abide by its payment

agreements, from operating in interstate

commerce. The rule also suspends the

registration of a broker, freight

forwarder or for-hire motor carrier that

has not paid a civil penalty, or arranged

and abided by a payment plan. The

prohibition or suspension begins on the

91st day after the payment date

specified in the final agency order or on

the 91st day after the due date of a

missed payment arranged in a payment

plan. A party that continues to operate

in violation of a prohibition or

suspension may be subject to additional

penalties. However, it will not apply to

anyone who is unable to pay a civil