ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2005 0499; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 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 and nitrogen oxides ( NOx) 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).

EFFECTIVE DATE: This final rule is effective on [ insert date 30 days from date of publication].

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPAR03 OAR 2005 0499. All documents in the docket are listed in the www. regulations. gov website. 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 2 available either electronically through www. regulations. gov 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 robertson. lakeshia@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background On February 27, 2006 ( 71 FR 9747), EPA published a notice of proposed rulemaking ( NPR) for the Commonwealth of Pennsylvania. The NPR proposed approval of formal SIP revisions submitted by Pennsylvania on November 21, 2005. 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. 3 PENNSYLVANIA  VOC AND NOx RACT DETERMINATIONS FOR INDIVIDUAL SOURCES SOURCE'S NAME COUNTY Plan Approval ( PA #) Operating Permit ( OP #) SOURCE TYPE " MAJOR SOURCE" POLLUTANT Pennsylvania Electric Company Indiana 32 000 059 Two boilers and four diesel generators. NOx The Harrisburg Authority Dauphin 22 2007 Two identical independent mass burn refuse combustion/ steam generation units NOx Texas Eastern Transmission Corp. Perry 50 02001 IC engine and two hp gas turbines NOx Graybec Lime, Inc. Centre OP 14 0004 Three rotary lime kilns and two waste oil furnaces NOx Techneglas, Inc. Luzerne 40 0009A Three glass melting furnaces 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 NPR and will not be restated here.

No public comments were received on the NPR.

II. Final Action EPA is approving the revisions to the Pennsylvania SIP submitted by PADEP on November 21,

2005 to establish and require NOx RACT for five major sources pursuant to the Commonwealth's 4 SIP approved generic RACT regulations.

III. 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 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). 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 5 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 6 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 five 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 [ insert date 60 days from date of publication of this document in the Federal Register]. 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. 7 This action approving source specific RACT requirements for five 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

_________________ __________________________ Dated: April 19, 2006 William Early, Acting Regional Administrator, Region III. 8 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. In Section 52.2020, the table in paragraph ( d)( 1) is amended by adding the entries for Pennsylvania Electric Company; The Harrisburg Authority; Texas Eastern Transmission Corp;

Graybec Lime, Inc.; and Techneglas, Inc. at the end of the table to read as follows:

§ 52.2020 Identification of plan.

* * * * *

( d) * * *

( 1)* * *

Name of source Permit number County State effective date EPA approval date Additional explanation/ § 52.2063 citation * * * * * * *

Pennsylvania Electric Company 32 000 059 Indiana 12/ 29/ 94 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( n)

The Harrisburg Authority 22 2007 Dauphin 6/ 2/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( n) Name of source Permit number County State effective date EPA approval date Additional explanation/ § 52.2063 citation 9 Texas Eastern Transmission Corp 50 02001 Perry 4/ 12/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( n)

Graybec Lime, Inc. OP 14 0004 Centre 4/ 16/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( n)

Techneglas, Inc. 40 0009A Luzerne 1/ 29/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( n)

* * * * *


[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Proposed Rules]
[Pages 61139-61140]
[FR Doc No: 2015-25835]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 60, 61, and 63

[EPA-HQ-OAR-2014-0292; FRL-9935-42-OAR]
RIN 2060-AS34

Revisions to Test Methods, Performance Specifications, and
Testing Regulations for Air Emission Sources; Extension of Comment
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the proposed rule titled, ``Revisions to Test
Methods, Performance Specifications, and Testing Regulations for Air
Emission Sources,'' that was published in the Federal Register on
September 8, 2015. The 60-day comment period in the proposed rule is
scheduled to end on November 9, 2015. The extended comment period will
close on December 9, 2015. The EPA recently added a technical
justification to the docket for the revision in the proposed rule
regarding Subpart JJJJ of Part 60 (Standards of Performance for
Stationary Spark Ignition Internal Combustion Engines). We also added
background information to support our reasoning for soliciting comment
about Method 7E stratification. Therefore, the EPA is extending the
comment period to allow the public additional time to submit comments
and supporting information on these and other aspects of the proposed
rule.

DATES: Comments on the proposed rule published September 8, 2015 (80 FR
54146) must be received on or before December 9, 2015.

ADDRESSES: Comments. Written comments on the proposed rule may be
submitted to the EPA electronically, by mail, by facsimile, or through
hand delivery/courier. Please refer to the proposal (80 FR 54146) for
the addresses and detailed instructions.

    Docket. Publicly available documents relevant to this action are
available for public inspection either electronically at
www.regulations.gov, or in hard copy at the EPA Docket Center, EPA/DC,
WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The public reading room is open from 8:30 a.m. to 4:30 p.m. Monday
through Friday, excluding legal holidays. A reasonable fee may be
charged for copying. The EPA has established the official public docket
No. EPA-HQ-OAR-2014-0292.

FOR FURTHER INFORMATION CONTACT: Ms. Lula H. Melton, U.S. EPA, Office
of Air Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (Mail Code: E143-02), Research Triangle
Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number: (919)
541-0516; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comment Period

    The EPA is extending the public comment period for an additional 30
days to ensure that the public has sufficient time to review and
comment on the proposed rule. The public comment period will end on
December 9, 2015, instead of November 9, 2015.

List of Subjects

40 CFR Part 51

    Environmental protection, Air pollution control, Performance
specifications, Test methods and procedures.

40 CFR Part 60

    Environmental protection, Air pollution control, Incorporation by
reference, Performance specifications, Test methods and procedures.

40 CFR Parts 61 and 63

    Environmental protection, Air pollution control, Performance
specifications, Test methods and procedures.

    Dated: September 28, 2015.
Stephen D. Page,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2015-25835 Filed 10-8-15; 8:45 am]
BILLING CODE 6560-50-P