[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Rules and Regulations]
[Pages 65845-65847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21752]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-PA-0006; FRL-7992-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC RACT Determinations for Three 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 three major sources of volatile 
organic compounds (VOC) 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: This rule is effective on December 1, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID Number R03-OAR-2005-PA-0006. All documents 
in the docket are listed in the RME index at http://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: LaKeshia N. Robertson (215) 814-2113, 
or by e-mail at <a href="/cdn-cgi/l/email-protection#cbb9a4a9aeb9bfb8a4a5e5a7aaa0aeb8a3a2aa8baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="a5d7cac7c0d7d1d6cacb8bc9c4cec0d6cdccc4e5c0d5c48bc2cad3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 1, 2005 (70 FR 16717), EPA published a direct final rule 
(DFR) for the Commonwealth of Pennsylvania. The DFR proposed approval 
of formal SIP revisions submitted by Pennsylvania on August 30, 2004. 
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
----------------------------------------------------------------------------------------------------------------
                                                    Plan approval (PA
                                                       <greek-i>)                               ``Major Source''
         Source's name                County        operating permit         Source type           pollutant
                                                          (OP)
----------------------------------------------------------------------------------------------------------------
Salem Tube, Inc...............  Mercer...........  OP 43-142.........  Five Reheat Furnaces    VOC.
                                                                        and Trichloroethylene
                                                                        Dipping Tank.
SGL Carbon Corporation........  Elk..............  OP 24-131.........  Flame Grids, Furnaces,  VOC.
                                                                        and Special
                                                                        Impregnation (resin).
Dominion Trans, Inc...........  Clinton..........  18-00006..........  Four Salt Heaters,      VOC.
                                                                        Natural Gas Boiler,
                                                                        Two Hot Water
                                                                        Heaters, Two Space
                                                                        Heaters, and Three
                                                                        Superior Boilers.
----------------------------------------------------------------------------------------------------------------

    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. In accordance with 
direct final rulemaking procedures, on April 1, 2005 (70 FR 16784), EPA 
also published a companion notice of proposed rulemaking on these SIP 
revisions inviting interested parties to comment on the DFR. Timely 
adverse comments were submitted on EPA's April 1, 2005 DFR.
    On May 26, 2005 (70 FR 30377), due to receipt of the adverse 
comments on its approval of the PADEP's RACT determination for the 
three individual sources, EPA published a withdrawal of the DFR. A 
summary of these comments and EPA's responses are provided in Section 
II of the document.

II. Summary of Public Comments and EPA Responses

    Comment: On April 4, 2005, a citizen submitted adverse comments on 
EPA's approval of the DEP's VOC RACT determinations for three 
individual sources. The commenter states that the standards should be 
stringent enough to prevent the possibility of polluting eastward 
states and to protect human health and welfare.
    Response: The rulemaking at issue is limited in scope and addresses 
the CAA section 182 (b) (1) RACT requirements for sources located in 
the ozone nonattainment areas. The commenter did not comment 
specifically on the RACT determinations for three individual sources 
and did not submit any supporting technical data or information to 
support that the standards for three sources do not represent RACT. 
Rather, the commenter makes broad statements alleging that the 
regulations should be more stringent than those required under the Act 
in order to ensure adequate protection. The comment is not a 
``significant comment'' to which EPA needs to respond. Whitman v. 
American Trucking Ass'n., 31 U.S. 457, n.2 at 471 (2001) (Under the 
CAA, EPA need only respond to significant comments, i.e., comments 
relevant to EPA's decision). Mere ``assertions that in the opinions of 
the commenter the Agency got it wrong,'' are not relevant comments 
warranting a response. International Fabricare Inst. v. EPA, 972 F.2d 
384, 391 (D.C. Cir. 1992). In terms of the comment, that the rules

[[Page 65846]]

should be more stringent than required under the Act, EPA has no 
authority to mandate that a State regulate more stringently than 
required. Under the CAA's bifurcated scheme, the State is responsible 
for choosing how a source must be regulated for purposes of attaining 
the NAAQS and EPA's role is limited in reviewing the State's choice to 
ensure it meets the minimum statutory requirements. The commenter is 
not claiming that the regulations do not meet the statutory minimum, 
but rather that the statute does not require enough. EPA has no 
authority to modify the statute, as requested by the commenter nor does 
the EPA have authority to require that the State regulate more 
stringently than required by the statute. The CAA is based upon 
``cooperative federalism,'' which contemplates that each State will 
develop its own SIP, and that States retain a large degree of 
flexibility in choosing which sources to control and to what degree. 
EPA must approve a State's plan if it meets the minimum requirements of 
the CAA. Union Elec. Co. v. EPA, 427 U.S. 246, 264-266 (1976).

III. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP on August 30, 2004 to establish and require VOC RACT for three 
major sources pursuant to the Commonwealth's SIP-approved generic RACT 
regulations.

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 (Public Law 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 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 three 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 January 3, 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 three 
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, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: October 24, 2005.
Donald S. Welsh,
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 SGL Carbon Corporation; Salem Tube, Inc.; and Dominion 
Trans, Inc. at the end of the table to read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (d) * * *
    (1) * * *

[[Page 65847]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        State                              Additional explanation/Sec.
          Name of source                Permit  number              County         effective date    EPA approval date          52.2063  citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
SGL Carbon Corporation............  OP 24-131               Elk..................         5/12/95  11/1/05 [Insert page  52.2020(d)(1)(e).
                                                                                          5/31/95   number where the
                                                                                                    document begins].
Salem Tube, Inc...................  OP 43-142               Mercer...............         2/16/99  11/1/05 [Insert page   52.2020(d)(1)(e).
                                                                                                    number where the
                                                                                                    document begins].
Dominion Trans, Inc...............  18-00006                Clinton..............         6/15/99  11/1/05 [Insert page  52.2020(d)(1)(e).
                                                                                          9/29/03   number where the
                                                                                                    document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-21752 Filed 10-31-05; 8:45 am]
BILLING CODE 6560-50-P


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