[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Rules and Regulations]
[Pages 34633-34634]
[FR Doc No: 2014-14233]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1999-0013; FRL-9912-53-Region 2]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Federal Creosote Superfund
Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 announces
the deletion of the Federal Creosote Superfund Site (Site) located in
the Borough of Manville, New Jersey, from the National Priorities List
(NPL). The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
State of New Jersey, through the New Jersey Department of Environmental
Protection, have determined that all appropriate response actions under
CERCLA, other than long-term groundwater monitoring, and five-year
reviews, have been completed. However, this deletion does not preclude
future actions under Superfund.

DATES: This action is effective June 18, 2014.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1999-0013, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions
for submitting comments.
     Email<EMAIL_ADDRESS>Rich Puvogel, Remedial
Project Manager<EMAIL_ADDRESS>Pat Seppi, Community Involvement
Coordinator.
     Fax:<PHONE_NUMBER>.
     Mail:

Rich Puvogel, Remedial Project Manager, U.S. Environmental Protection
Agency, Emergency & Remedial Response Division, 290 Broadway, 19th
Floor, New York, NY 10007-1866;
or
Pat Seppi, Community Involvement Coordinator, U.S. Environmental
Protection Agency, Public Affairs Division, 290 Broadway, 26th Floor,
New York, NY 10007-1866.
     Hand delivery: U.S. Environmental Protection Agency,
Emergency & Remedial Response Division, 290 Broadway, 19th Floor, New
York, NY 10007-1866.
    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. EPA-HQ-SFUND-
1999-0013. 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://www.regulations.gov, 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 http://www.regulations.gov or email. The http://www.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 email comment directly to EPA without
going through http://www.regulations.gov, your email 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: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-1999-0013. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the site information repositories.

Locations, contacts, phone numbers and viewing hours are:

U.S. Environmental Protection Agency, Region II, Superfund Records
Center, 290 Broadway, Room 1828, New York, New York 10007-1866, (212)
637-4308, Hours: 9:00 a.m. to 5:00 p.m., Monday through Friday;
and at
Manville Public Library, 100 South 10th Avenue, Manville, New Jersey
08835,<PHONE_NUMBER>, Hours: Mon. through Fri.: 10:00 a.m. to 8:00
p.m.; Fri.: 10:00 a.m. to 5:30 p.m.; Sat.: 10:00 a.m. to 5:30 p.m.

FOR FURTHER INFORMATION CONTACT: Rich Puvogel, Remedial Project
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway,
19th Floor, New York, New York 10007-1866,<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is:
Federal Creosote Superfund Site, Manville, New Jersey. A Notice of
Intent to Delete for this Site was published in the Federal Register at
79 FR 12436 on March 5, 2014.
    The closing date for comments on the Notice of Intent to Delete was
April 4, 2014. One comment was received. The comment suggested that a
process be established to protect against potential future exposures to
subsurface contaminants brought to the surface by redevelopment
activities. Deed notices apply adequate restrictions on properties to
protect against redevelopment activities that have the potential to
deposit contaminated subsurface soils on the land surface. Deed
notices, a required component of the selected remedy, have been
implemented at the Federal Creosote Superfund Site. The selected
remedy, which adequately protects human health and the environment, has
been fully implemented and therefore satisfies the deletion criteria of
the National Contingency Plan.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

     Dated: June 1, 2014.
 Judith A. Enck,
Regional Administrator, Region 2.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
for ``NJ'', ``Federal Creosote'', ``Manville Borough''.

[FR Doc. 2014-14233 Filed 6-17-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Notices]
[Page 37069-37070]
[DOCID:fr06jy07-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55972; File No. SR-Phlx-2007-47]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Automating the Rebate Request Process for Dividend, Merger
and Short Stock Interest Strategies

 June 28, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 15, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been substantially prepared by Phlx.
Phlx has designated this proposal as one constituting a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to eliminate the members' requirement to
manually submit rebate request forms and to automate the rebate request
process for dividend, merger, and short stock interest strategies,
effective for transactions settling on or after July 1, 2007.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.phlx.com/exchange/phlx_rule_fil.html), at the

Exchange's principal office, and at the Commission's Public Reference
Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, the Exchange provides a rebate for certain contracts
executed in connection with transactions occurring as part of a
dividend,\5\ merger,\6\ or short stock interest \7\ strategy.
Specifically, for these option contracts executed pursuant to a
dividend strategy, the Exchange rebates $0.08 per contract side for
Registered Options Trader (``ROT'') executions and $0.07 per contract
side for specialist executions transacted on the day prior to the date
on which the underlying stock goes ex-dividend. The Exchange also
provides for a rebate of $0.08 per contract side for ROT executions and
$0.07 per contract side for specialist executions made pursuant to a
merger or short stock interest strategy.\8\
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    \5\ For purposes of this proposal, the Exchange defines a
``dividend strategy'' as transactions done to achieve a dividend
arbitrage involving the purchase, sale, and exercise of in-the-money
options of the same class, executed prior to the date on which the
underlying stock goes ex-dividend.
    \6\ For purposes of this proposal, the Exchange defines a
``merger strategy'' as transactions done to achieve a merger
arbitrage involving the purchase, sale, and exercise of options of
the same class and expiration date, executed prior to the date on
which shareholders of record are required to elect their respective
form of consideration, i.e., cash or stock.
    \7\ For purposes of this proposal, the Exchange defines a
``short stock interest strategy'' as transactions done to achieve a
short stock interest arbitrage involving the purchase, sale, and
exercise of in-the-money options of the same class.
    \8\ See, e.g., Securities Exchange Act Release Nos. 54174 (July
19, 2006), 71 FR 42156 (July 25, 2006) (SR-Phlx-2006-40) and 53094
(January 10, 2006), 71 FR 2975 (January 18, 2006) (SR-Phlx-2005-75).
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    The Exchange currently uses a manual procedure to process rebate
requests. To qualify a transaction for the rebate process, a written
rebate request form, along with supporting documentation, must be
submitted to the Exchange within three business days following the end
of the previous month.
    The Exchange proposes to eliminate the manual rebate process and
replace it with an automated process. In order to capture the necessary
information electronically, the Exchange has modified its trade tickets
to allow for members to designate on the trade ticket whether the trade
involves a dividend, merger, or short stock interest strategy.
    The purpose of eliminating the manual procedure is to increase
efficiency in connection with the processing of the dividend, merger,
and short stock interest rebate request forms.
    For transactions settling in June 2007, members must continue to
submit the required written rebate request forms as described above.
Beginning with transactions settling on or after July 1, 2007, written
rebate request forms will no longer be accepted by the Exchange as the
rebates will be processed automatically.
2. Statutory Basis
    The Exchange believes that its proposal to automate its procedures
relating to processing the rebate request forms for dividend, merger,
or short stock interest strategies as described above is consistent
with Section 6(b) of the Act \9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \10\ in particular, as the
proposal is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster

cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(1) thereunder,\12\
because it constitutes a stated policy, practice, or interpretation
with respect to the meaning, administration, or enforcement of an
existing rule. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(1).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2007-47 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2007-47. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Phlx. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2007-47 and should be
submitted on or before July 27, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-13067 Filed 7-5-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73934-73935]
[FR Doc No: 2022-26168]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0300; Airspace Docket No. 22-AAL-19]
RIN 2120-AA66

Revocation of Colored Federal Airway Blue 8 (B-8); Shishmaref, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal airway Blue 8 (B-8) due to
the planned decommissioning of the Shishmaref, AK (SHH), Non-
Directional Beacon (NDB) in the vicinity of Shishmaref, AK.

DATES: Effective date 0901 UTC, February 23, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System (NAS).

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2022-0300 in the Federal Register (87 FR 19035; April 1, 2022),
revoking Colored Federal airway B-8 due to the planned decommissioning
of the Shishmaref, AK, NDB. Interested parties were invited to
participate in this rulemaking effort by submitting comments on the
proposal. No comments were received.
    Blue Federal airways are published in paragraph 6009(d) of FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022, which is incorporated by reference in 14 CFR 71.1. The Colored
Federal airway listed in this document will be published subsequently
in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by revoking Colored Federal
airway B-8 due to the decommissioning of the Shishmaref, AK, NDB in the
vicinity of Shishmaref, AK. The amendment is described below.
    B-8: B-8 extends between the Shishmaref, AK, NDB and the Tin City,
AK, NDB. The airway is removed in its entirety.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of revoking
Colored Federal airway B-8, due to the planned decommissioning of the
Shishmaref, AK, NDB, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points), and paragraph 5-
6.5k, which categorically excludes from further environmental review
the publication of existing air traffic control procedures that do not
essentially change existing tracks, create new tracks, change altitude,
or change

concentration of aircraft on these tracks. As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6009(d) Blue Federal Airways.

* * * * *

B-8 [Removed]

* * * * *

    Issued in Washington, DC, on November 28, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-26168 Filed 12-1-22; 8:45 am]
BILLING CODE 4910-13-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2006 0280; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOx RACT Determinations for Seven Individual Sources AGENCY: Environmental Protection Agency ( EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve revisions to the 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 seven major sources of volatile organic compounds ( VOC) and nitrogen oxides ( NOx) pursuant to the Commonwealth of Pennsylvania's ( Pennsylvania or the Commonwealth) SIP approved generic RACT regulations. EPA is proposing to approve these revisions in accordance with the Clean Air Act ( CAA).

DATES: Written comments must be received on or before [ insert date 30 days from date of publication].

ADDRESSES: Submit your comments, identified by Docket ID Number EPA R03 OAR

2006 0280 by one of the following methods:

A. www. regulations. gov. Follow the on line instructions for submitting comments.

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

C. Mail: EPA R03 OAR 2006 0280, Makeba Morris, Chief, Air Quality Planning 2 Branch, Mailcode 3AP21, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

D. Hand Delivery: At the previously listed 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. EPA R03 OAR 2006 0280. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www. regulations. gov, 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 www. regulations. gov or e mail. The www. regulations. gov website 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 www. 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. 3 Docket: All documents in the electronic docket are listed in the www. regulations. gov index.

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 www. regulations. gov or in hard copy 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: Pauline De Vose, ( 215) 814 2186, or by e mail at devose. pauline@ epa. gov.

SUPPLEMENTARY INFORMATION: On February 4, 2003 and November 21, 2005,

PADEP submitted revisions to the Pennsylvania SIP. These SIP revisions consist of sourcespecific operating permits, and/ or plan approvals issued by PADEP to establish and require RACT for sixteen individual sources on February 4, 2003, and sixteen individual sources on November 21, 2005 pursuant to Pennsylvania's SIP approved generic RACT regulations. This proposed rulemaking covers the Commonwealth's source specific RACT determinations for seven of those sources. The remaining RACT determinations submitted by PADEP on February 4, 2003 and November 21, 2005 will be the subject of separate rulemakings.

I. Background 4 Pursuant to sections 182( b)( 2) and 182( f) of the CAA, Pennsylvania is required to establish and 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). Under section 184 of the CAA, RACT as specified in sections 182( b)( 2) and 182( f)

applies throughout the OTR. The entire Commonwealth is located within the OTR. Therefore,

RACT is applicable statewide in Pennsylvania.

State implementation plan revisions imposing RACT for three classes of VOC sources are required under section 182( b)( 2). The categories are:

( 1) All sources covered by a Control Technique Guideline ( CTG) document issued between November 15, 1990 and the date of attainment;

( 2) All sources covered by a CTG issued prior to November 15, 1990; and ( 3) All major non CTG sources.

The Pennsylvania SIP already has approved RACT regulations and requirements for all sources and source categories covered by the CTGs. The Pennsylvania SIP also has approved regulations to require major sources of NOx and additional major sources of VOC emissions ( not covered by a CTG) to implement RACT. These regulations are commonly termed the " generic RACT regulations". A generic RACT regulation is one that does not, itself, specifically define RACT for a source or source categories but instead establishes procedures for imposing case by case RACT determinations. The Commonwealth's SIP approved generic RACT regulations consist of the procedures PADEP uses to establish and impose RACT for subject sources of VOC and 5 NOx. Pursuant to the SIP approved generic RACT rules, PADEP imposes RACT on each subject source in an enforceable document, usually a Plan Approval ( PA), or Operating Permit ( OP). The Commonwealth then submits these PAs, or OPs to EPA for approval as sourcespecific SIP revisions. EPA reviews these SIP revisions to ensure that the PADEP has determined and imposed RACT in accordance with the provisions of the SIP approved generic RACT rules.

It must be noted that the Commonwealth has adopted and is implementing additional " post RACT requirements" to reduce seasonal NOx emissions in the form of a NOx cap and trade regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule developed by the States in the OTR. That regulation was approved as a SIP revision on June 6, 2000 ( 65 FR 35842).

Pennsylvania has also adopted 25 Pa Code Chapter 145 to satisfy Phase I of the NOx SIP call.

That regulation was approved as a SIP revision on August 21, 2001 ( 66 FR 43795). Federal approval of a source specific RACT determination for a major source of NOx in no way relieves that source from any applicable requirements found in 25 PA Code Chapters 121, 123 and 145.

II. Summary of the SIP Revisions The following table identifies the sources and the individual operating permits ( OPs) which are the subject of this rulemaking. 6 PENNSYLVANIA  VOC AND NOx RACT DETERMINATIONS FOR INDIVIDUAL SOURCES SOURCE'S NAME COUNTY Operating Permit ( OP #) SOURCE TYPE " MAJOR SOURCE" POLLUTANT The Frog, Switch & Manufacturing Co. Cumberland 21 2011 Manganese Steel and Castings Foundry VOC Armstrong World Industries, Inc. Lancaster 36 2002 Sheet and Flooring Products Manufacturer VOC and NOx Merck & Co., Inc. Northumberland 49 0007B Chemical Process Facility VOC and NOx Peoples Natural Gas Company Clarion 16 124 Natural Gas Compressor VOC and NOx Dart Container Corporation Lancaster 36 2015 Expanded Polystyrene Manufacturing Facility VOC and NOx AT& T Microelectronics Lehigh 39 0001 Semiconductors Manufacturing VOC and NOx West Penn Power Co. Greene 30 000 099 Power Plant VOC and NOx Interested parties are advised that copies of Pennsylvania's SIP submittals for these sources,

including the actual OPs imposing RACT, PADEP's evaluation memoranda and the sources' RACT proposals ( referenced in PADEP's evaluation memoranda) are included and may be viewed in their entirety in both the electronic and hard copy versions of the docket for this final rule.

As previously stated, all documents in the electronic docket are listed in the www. regulations. gov index. Publicly available docket materials are available either electronically in www. regulations. gov or in hard copy during normal business hours at the Air Protection Division, 7 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.

EPA is approving these RACT SIP submittals because PADEP established and imposed these RACT requirements in accordance with the criteria set forth in its SIP approved generic RACT regulations applicable to these sources. In accordance with its SIP approved generic RACT rule,

the Commonwealth has also imposed record keeping, monitoring, and testing requirements on these sources sufficient to determine compliance with the applicable RACT determinations.

III. Proposed Action EPA is approving the revisions to the Pennsylvania SIP submitted by PADEP on February 4, 2003 and November 21, 2005 to establish and require VOC and NOx RACT for seven individual sources pursuant to the Commonwealth's SIP approved generic RACT regulations. EPA is soliciting public comments on this proposed rule to approve these source specific RACT determinations established and imposed by PADEP in accordance with the criteria set forth in its SIP approved generic RACT regulations applicable to these sources. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this proposed action is not a 8 " 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 Fed.

Reg. 28355 ( May 22, 2001)). This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law.

Accordingly, the Administrator certifies that this proposed 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 proposes to approve 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 proposed rule also does 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), nor will it 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 proposes to approve 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 proposed rule also is not subject to Executive Order 13045 ( 62 FR 19885, April 23, 1997), because it is not economically significant. 9 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 proposed 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. 10 This proposed rule to approve seven source specific RACT determinations established and imposed by the Commonwealth of Pennsylvania pursuant to its SIP approved generic RACT regulations does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.).

List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

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

___________________________ / s/ Dated: April 24, 2006 Donald S. Welsh, Regional Administrator, Region III.