Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 49493

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R04–OAR–2003–KY–0001–200410(a); FRL–

7958–8] 

Approval and Promulgation of 

Implementation Plans for Kentucky: 

Regulatory Limit on Potential To Emit

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving a 

revision to the State Implementation 

Plan (SIP) of the Commonwealth of 

Kentucky which incorporates Kentucky 

rule 401 KAR 52:080 into the Kentucky 

SIP. The Commonwealth submitted the 

revision on October 31, 2003. This rule 

affects sources whose actual emissions 

are less than 50 percent of the major 

source threshold whereas the sources’ 

potential to emit (PTE) exceeds the 

major source threshold. The EPA is also 

notifying the public that the Agency’s 

conditional approval of Kentucky rule 

401 KAR 52:080, as submitted on March 

15, 2001, and published on August 15, 

2002, is disapproved as of October 15, 

2003.

DATES: This direct final rule is effective 

October 24, 2005 without further notice, 

unless EPA receives adverse comment 

by September 23, 2005. If adverse 

comment is received, EPA 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 Regional Material in 

EDocket (RME) ID No. R04–OAR–2003–

KY–0001, by one of the following 

methods: 

1. Federal eRulemaking Portal:

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

on-line instructions for submitting 

comments. 

2. Agency Web site: http://

docket.epa.gov/rmepub/ RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: 

notarianni.michele@epa.gov. 

4. Fax: (404) 562–9019. 

5. Mail: ‘‘R04–OAR–2003–KY–0001,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

6. Hand Delivery or Courier. Deliver 

your comments to: Michele Notarianni, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division 12th floor, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

RME ID No. R04–OAR–2003–KY–0001. 

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://

docket.epa.gov/rmepub/, 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 RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the federal regulations.gov website are 

‘‘anonymous access’’ systems, 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 RME or 

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 RME 

index at http://docket.epa.gov/rmepub/. 

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 RME or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays.

FOR FURTHER INFORMATION CONTACT:

Michele Notarianni, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Phone: 

(404) 562–9031. E-mail: 

notarianni.michele@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Today’s Action 

II. Background 

III. Rule Clarifications 

IV. Effects of This Action 

V. Final Action 

VI. Statutory and Executive Order Reviews

I. Today’s Action 

The EPA is approving into the 

Kentucky SIP rule 401 KAR 52:080, 

‘‘Regulatory Limit on Potential to Emit,’’ 

state effective October 31, 2003. The 

EPA is also notifying the public that the 

Agency’s conditional approval of 

Kentucky rule 401 KAR 52:080, as 

submitted on March 15, 2001, and 

published on August 15, 2002, (67 FR 

53312), is disapproved as of October 15, 

2003. EPA is also correcting references 

to the SIP submittal date of 401 KAR 

52:080 published August 15, 2002, (67 

FR 53312) from July 10, 2001, to the 

correct date of March 15, 2001.

II. Background 

On March 15, 2001, the 

Commonwealth of Kentucky submitted 

five rules, including rule 401 KAR 

52:080, ‘‘Regulatory Limit on Potential 

to Emit,’’ state effective January 15, 

2001, to EPA for incorporation into the 

Kentucky SIP. Rule 401 KAR 52:080 was 

developed in accordance with a January 

25, 1995, EPA memorandum, ‘‘Options 

for Limiting the Potential to Emit (PTE) 

of a Stationary Source Under Section 

112 and Title V of the Clean Air Act 

(Act).’’ (This January 25, 1995, 

document is included in the docket for 

this action.) This memorandum outlines 

various approaches to establishing 

49494 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 

federally-enforceable mechanisms to 

limit emissions from sources that desire 

to limit potential emissions to below 

major source levels. 

EPA conditionally approved rule 401 

KAR 52:080 based on the Agency’s 

understanding of the rule, documented 

in a letter dated April 18, 2002, from the 

Commonwealth, and contingent upon 

Kentucky making four clarifications to 

the rule no later than one year from the 

effective date of the conditional 

approval action, which was October 15, 

2003. See 67 FR 53312, August 15, 2002. 

(This April 18, 2002, document is 

included in the docket for today’s 

action.) In a letter dated October 2, 

2003, Kentucky notified EPA that the 

Commonwealth may not be able to 

submit a revised rule by October 15, 

2003, due to possible delays from a 

statutory revision to Kentucky’s 

promulgation process. Because 

Kentucky was unable to submit a 

revised rule 401 KAR 52:080 by October 

15, 2003, the conditional approval 

automatically reverted to a disapproval. 

Although not required, EPA committed 

in its conditional approval action to 

publishing a disapproval action should 

this occur. 

On October 31, 2003, Kentucky 

submitted a revised rule 401 KAR 

52:080, state effective October 31, 2003, 

for incorporation into the Kentucky SIP. 

This rule addresses EPA’s four 

requested clarifications and makes other 

nonsubstantive changes to the January 

15, 2001, version. The April 18, 2002, 

letter from Kentucky stating the 

Commonwealth’s interpretation of the 

rule’s applicability still applies with the 

exception of the following references: 

Section 1(a) of the January 15, 2001, 

state effective referenced rule is 

renumbered as Section 2(1) in the 

October 31, 2003, state effective version 

and the letter’s reference to 401 KAR 

51:020 should read, ‘‘401 KAR 52:020.’’ 

EPA is also clarifying in this document 

that Kentucky intended in its letter for 

the phrases, ‘‘above 50%’’ and ‘‘exceed 

50%,’’ to mean equal to or above 50 

percent. The Commonwealth explains 

in the letter that Section 2(1) does not 

allow a source currently covered under 

this rule to increase its actual emissions 

to 50 percent or above (as clarified 

previously) a major source threshold 

under title V of the Clean Air Act by 

increasing its throughput or hours of 

operation. If a covered source increased 

its actual emissions to 50 percent or 

above (as clarified previously), the 

source would be immediately subject to 

title V permitting requirements and 

would be in violation of 401 KAR 

52:080 and the applicable permit 

regulation (i.e., either 401 KAR 52:020 

or 401 KAR 52:030). (See also 67 FR 

53312, August 15, 2002.) 

III. Rule Clarifications 

The EPA is approving rule 401 KAR 

52:080 into the Kentucky SIP in its 

entirety based upon the Commonwealth 

of Kentucky’s interpretation of Section 

2(1) of the rule (formerly Section 1(a)) 

as documented in a letter from the 

Kentucky Division for Air Quality dated 

April 18, 2002, and based upon the 

language of section 3(2)(a). 

Kentucky addressed EPA’s requested 

rule clarifications as described below. 

The clarifications to subsection (3) of 

section 3 (formerly numbered as section 

2(3)) change the actions which trigger 

noncompliance requirements for a 

covered source. The previous rule that 

EPA conditionally approved identified 

receipt of a notice of violation (NOV) for 

exceeding the major source threshold as 

the action which triggered 

noncompliance with the rule. However, 

issuance of NOVs is discretionary and 

thus, a source could potentially operate 

at 50 percent or above a major source 

threshold without receiving an NOV to 

trigger the rule’s requirement to submit 

an application for a title V permit. The 

clarifications specify any of four actions 

which could trigger noncompliance 

with the rule, one of which involves the 

failure to restrict actual emissions 

during each consecutive 12 month 

period of operation after January 1, 

1996, to less than 50 percent of the 

major source thresholds for the title V 

program. The other actions include 

failure to comply with notification, 

recordkeeping, and reporting 

requirements; failure to allow 

authorized cabinet representatives to 

enter the premises as specified; and 

inability to demonstrate compliance 

with applicable requirements at the 

cabinet’s request. 

Subsection (3)(a) of section 3 is 

modified to address an issue of 

enforceability to reflect the 

Commonwealth’s law prohibiting its 

rules from being more stringent than 

federal rules. If a source receives an 

NOV for actual emissions equal to or 

greater than 50 percent of a major source 

threshold, section 3(3) sets a 12-month 

limit, formerly six months, for a source 

to submit a title V application as 

required under subsection (a)(1)(i) of 

section 70.5, ‘‘Permit Applications,’’ of 

40 CFR part 70, ‘‘State Operating Permit 

Programs.’’

Section 5 (formerly numbered as 

section 4) is clarified to address 

reporting exceedances of the 50 percent 

limit. Section 5(2) requires a source to 

contact the Kentucky Division for Air 

Quality if the source plans to make a 

change that will cause its actual 

emissions during any consecutive 12-

month period of operation to be 50 

percent or more of a major source 

threshold for the title V program. In 

addition, the source must submit an 

application for either a title V permit 

under 401 KAR 52:020 or a conditional 

major permit under 401 KAR 52:030. 

Section 5 requirements previously 

applied only to modifications or 

reconstructions; now they must be met 

if a covered source makes any change, 

including those that will result in 

exceedance of 50 percent or more of a 

major source threshold. Clarifications to 

section 3(3) described earlier in this 

document ensure that each incidence of 

noncompliance with this rule is 

considered a separate violation until a 

title V or conditional major permit is 

issued to the source. 

IV. Effects of This Action 

Approximately 60–70 sources in 

Kentucky meet the requirements of and 

are complying with 401 KAR 52:080. 

These sources do not have to apply for 

and receive a title V permit as long as 

they meet the requirements of this 

regulation. Additionally, the regulation 

will apply to similar sources 

constructed after December 14, 1995, 

and those that may construct in the 

future, that meet the applicability 

requirements of the regulation. 

V. Final Action 

The EPA is approving into the 

Kentucky SIP regulation 401 KAR 

52:080, which is state effective October 

31, 2003, and which was submitted on 

October 31, 2003, because it is 

consistent with the requirements of the 

Clean Air Act and EPA policy. The EPA 

is also notifying the public that the 

Agency’s conditional approval of 

Kentucky rule 401 KAR 52:080, as 

submitted on March 15, 2001, and as 

published on August 15, 2002, (67 FR 

53312), is disapproved as of October 15, 

2003. EPA is also correcting references 

to the SIP submittal date of 401 KAR 

52:080 published August 15, 2002, (67 

FR 53312) from July 10, 2001, to the 

correct date of March 15, 2001. 

The EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective October 24, 2005 

without further notice unless the 

Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 49495

Agency receives adverse comments by 

September 23, 2005. 

If the EPA receives such comments, 

then EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period. 

Parties interested in commenting should 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on October 24, 

2005. and no further action will be 

taken on the proposed rule. Please note 

that if we receive adverse comment on 

an amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment.

VI. Statutory and Executive Order 

Reviews 

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.). 

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. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 October 24, 2005. 

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 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, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds.

Dated: August 12, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4.

n 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

n 1. The authority citation for part 52 

continues to read as follows:

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

Subpart S—Kentucky

§ 52.919 [Removed and reserved]

n 2. Section 52.919 is removed and 

reserved.

n 3. In § 52.920, in paragraph (c), Table 

1 is amended:

n a. By adding, in numerical order, a new 

entry for ‘‘Chapter 52 Permits, 

Registrations, and Prohibitory Rules,’’ 

and

n b. By adding a new entry under 

Chapter 52 for 401 KAR 52:080, 

‘‘Regulatory limit on potential to emit,’’ 

to read as follows:

§ 52.920 Identification of plan.

* * * * *

(c) * * *

49496 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 

TABLE 1.—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Chapter 52 Permits, Registrations, and Prohibitory Rules

401 KAR 52:080 ................... Regulatory limit on potential to emit ............ 10/31/03 8/24/05. 

[Insert citation of publication].

*******

* * * * *

[FR Doc. 05–16804 Filed 8–23–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R03–OAR–2005–PA–0011; FRL–7958–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC and NOX RACT 

Determinations for Five Individual 

Sources

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

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 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 the SIP in accordance 

with the Clean Air Act (CAA).

DATES: Effective Date: This final rule is 

effective on September 23, 2005.

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) ID Number 

R03–OAR–2005–PA–0011. All 

documents in the docket are listed in 

the RME index at http://

www.docket.epa.gov/rmepub/. Once in 

the system, select ‘‘quick search,’’ then 

key in the appropriate RME 

identification number. 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 in RME 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 

quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 4, 2003, PADEP 

submitted a formal SIP revision that 

consists of source-specific operating 

permits and/or plan approvals issued by 

PADEP to establish and require RACT 

pursuant to the Commonwealth’s SIPapproved generic RACT regulations. On 

March 30, 2005 (70 FR 16115), EPA 

published a direct final rule (DFR) 

approving revisions to PADEP-issued 

operating permits which establish and 

require RACT for five individual 

sources. 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

Source’s name County 

Plan approval 

(PA #) operating 

permit (OP #) 

Source type ‘‘Major source’’ 

pollutant 

R.H. Sheppard Co., Inc .................................. York ......... 67–2016 ........... Foundry operations ........................................ VOC 

Wheatland Tube Co ........................................ Mercer ..... OP 43–182 ....... Steel pipe manufacturing ............................... VOC 

Transcontinental Gas Pipeline Corp ............... Potter ....... OP–53–0006 .... Natural gas units ............................................ VOC/NOX

Transcontinental Gas Pipeline Corp ............... Columbia OP–19–0004 .... Natural gas-fired engines ............................... VOC/NOX

Transcontinental Gas Pipeline Corp ............... Lycoming PA–41–0005A .. Natural gas-fired engines ............................... VOC/NOX

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 DFR and will not be 

restated here. In accordance with direct 

final rulemaking procedures, on March 

30, 2005 (70 FR 16203), EPA also 

published a companion notice of 

proposed rulemaking (NPR) on these 

SIP revisions inviting interested parties 

to comment on the DFR. Timely adverse 

comments were submitted on EPA’s 

March 30, 2005 DFR. 

On May 26, 2005 (70 FR 30377), due 

to receipt of the adverse comments 

submitted in response to the DFR, EPA 

published a withdrawal of the DFR. A 

summary of those comments and EPA’s 

responses are provided in Section II of 

this document.

II. Summary of Public Comments and 

EPA Responses 

Comment: On April 9, 2005, a citizen 

submitted adverse comments on EPA’s 

DFR notice approving PADEP’s VOC