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Federal Register / Vol. 70, No.

60 / Wednesday, March 30, 2005 / Rules and Regulations 16115

Technical Standards latitude 38°52′08.5″ N, longitude SUMMARY: EPA is taking direct final
The National Technology Transfer 077°01″13.0″ W. action to approve revisions to the
and Advancement Act (NTTAA) (15 (b) Regulations. All persons are Commonwealth of Pennsylvania’s State
U.S.C. 272 note) directs agencies to use required to comply with the general Implementation Plan (SIP). The
voluntary consensus standards in their regulations governing safety zones in 33 revisions were submitted by the
regulatory activities unless the agency CFR 165.23 of this part. Pennsylvania Department of
provides Congress, through the Office of (1) All vessels and persons are Environmental Protection (PADEP) to
Management and Budget, with an prohibited from entering this zone, establish and require reasonably
explanation of why using these except as authorized by the Coast Guard available control technology (RACT) for
standards would be inconsistent with Captain of the Port, Baltimore, five major sources of volatile organic
applicable law or otherwise impractical. Maryland. compounds (VOC) and nitrogen oxides
Voluntary consensus standards are (2) Persons or vessels requiring entry (NOX). These sources are located in
technical standards (e.g., specifications into or passage within the zone must Pennsylvania. EPA is approving these
of materials, performance, design, or request authorization from the Captain revisions to establish RACT
operation; test methods; sampling of the Port or his designated requirements in the SIP in accordance
procedures; and related management representative by telephone at (410) with the Clean Air Act (CAA).
systems practices) that are developed or 576–2693 or by radio on VHF–FM DATES: This rule is effective on May 31,
adopted by voluntary consensus channel 16. 2005, without further notice, unless
standards bodies. This rule does not use (3) All Coast Guard assets enforcing EPA receives adverse written comment
technical standards. Therefore, we did this safety zone can be contacted on by April 29, 2005. If EPA receives such
not consider the use of voluntary VHF marine band radio, channels 13 comments, it will publish a timely
consensus standards. and 16. withdrawal of the direct final rule in the
(4) The operator of any vessel within Federal Register and inform the public
Environment or in the immediate vicinity of this that the rule will not take effect.
We have considered the safety zone shall:
ADDRESSES: Submit your comments,
environmental impact of this rule and (i) Stop the vessel immediately upon identified by Regional Material in
concluded that, under figure 2–1, being directed to do so by any EDocket (RME) ID Number R03–OAR–
paragraph (34)(g), of Commandant commissioned, warrant or petty officer 2005–PA–0011 by one of the following
Instruction M16475.lD, this rule is on board a vessel displaying a Coast methods:
categorically excluded from further Guard Ensign, and A. Federal eRulemaking Portal: http:/
environmental documentation. This (ii) Proceed as directed by any /www.regulations.gov. Follow the on-
regulation establishes a temporary safety commissioned, warrant or petty officer line instructions for submitting
zone. A ‘‘Categorical Exclusion on board a vessel displaying a Coast comments.
Determination’’ is available in the Guard Ensign. B. Agency Web site: http://
docket where indicated under (c) Definitions. The Captain of the www.docket.epa.gov/rmepub/. RME,
ADDRESSES. Port means the Commander, Coast EPA’s electronic public docket and
List of Subjects in 33 CFR Part 165 Guard Sector Baltimore or any Coast comment system, is EPA’s preferred
Guard commissioned, warrant or petty method for receiving comments. Follow
Harbors, Marine safety, Navigation officer who has been authorized by the the on-line instructions for submitting
(water), Reporting and recordkeeping Captain of the Port to act on his behalf. comments.
requirements, Security measures, (d) Effective period. This section is C. E-mail: morris.makeba@epa.gov.
Waterways. effective from 7 p.m. to 9 p.m. Eastern D. Mail: R03–OAR–2005–PA–0011,
■ For the reasons discussed in the Standard Time on April 2, 2005, with a Makeba Morris, Chief, Air Quality
preamble, the Coast Guard amends 33 rain date of April 3, 2005. Planning Branch, Mailcode 3AP21, U.S.
CFR part 165 as follows: Dated: March 22, 2005. Environmental Protection Agency,
Curtis A. Springer, Region III, 1650 Arch Street,
PART 165—REGULATED NAVIGATION Philadelphia, Pennsylvania 19103.
AREAS AND LIMITED ACCESS AREAS Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland. E. Hand Delivery: At the previously-
■ 1. The authority citation for part 165 listed EPA Region III address. Such
[FR Doc. 05–6307 Filed 3–29–05; 8:45 am]
continues to read as follows: deliveries are only accepted during the
BILLING CODE 4910–15–P
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Docket’s normal hours of operation, and
Chapter 701; 50 U.S.C. 191, 195; 33 CFR special arrangements should be made
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. for deliveries of boxed information.
107–295, 116 Stat. 2064; Department of
ENVIRONMENTAL PROTECTION Instructions: Direct your comments to
Homeland Security Delegation No. 0170.1 AGENCY RME ID No. R03–OAR–2005–PA–0011.
■ 2. From 7 p.m. until 9 p.m. on April EPA’s policy is that all comments
40 CFR Part 52
2, 2005, add temporary § 165.T05–021 to received will be included in the public
read as follows: [R03–OAR–2005–PA–0011; FRL–7891–5] docket without change, and may be
made available online at http://
§ 165.T05–021 Safety zone; National Approval and Promulgation of Air www.docket.epa.gov/rmepub/,
Cherry Blossom Festival Fireworks Display, Quality Implementation Plans; including any personal information
Potomac River, Washington, DC. Pennsylvania; VOC and NOX RACT provided, unless the comment includes
(a) Location. The following area is a Determinations for Five Individual information claimed to be Confidential
safety zone: All waters located on the Sources Business Information (CBI) or other
Upper Potomac River in the Washington AGENCY: Environmental Protection information whose disclosure is
Channel, Washington, DC, within a 350- Agency (EPA). restricted by statute. Do not submit
foot diameter of a fireworks discharge information that you consider to be CBI
ACTION: Direct final rule.
barge located in approximate position or otherwise protected through RME,

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16116 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations

regulations.gov or e-mail. The EPA RME I. Background It must be noted that the
and the Federal regulations.gov Web Pursuant to sections 182(b)(2) and Commonwealth has adopted and is
sites are an ‘‘anonymous access’’ 182(f) of the CAA, the Commonwealth implementing additional ‘‘post RACT
system, which means EPA will not of Pennsylvania (the Commonwealth or requirements’’ to reduce seasonal NOX
know your identity or contact Pennsylvania) is required to establish emissions in the form of a NOX cap and
information unless you provide it in the and implement RACT for all major VOC trade regulation, 25 Pa Code Chapters
body of your comment. If you send an and NOX sources. The major source size 121 and 123, based upon a model rule
e-mail comment directly to EPA without is determined by its location, the developed by the States in the OTR.
going through RME or regulations.gov, classification of that area and whether it That regulation was approved as SIP
your e-mail address will be is located in the ozone transport region revision on June 6, 2000 (65 FR 35842).
automatically captured and included as (OTR). Under section 184 of the CAA, Pennsylvania has also adopted 25 Pa
part of the comment that is placed in the RACT as specified in sections 182(b)(2) Code Chapter 145 to satisfy Phase I of
public docket and made available on the and 182(f), applies throughout the OTR. the NOX SIP call. That regulation was
Internet. If you submit an electronic The entire Commonwealth is located approved as a SIP revision on August
comment, EPA recommends that you within the OTR. Therefore, RACT is 21, 2001 (66 FR 43795). Federal
include your name and other contact applicable statewide in Pennsylvania. approval of a source-specific RACT
information in the body of your State implementation plan revisions determination for a major source of NOX
comment and with any disk or CD–ROM imposing RACT for three classes of VOC in no way relieves that source from any
you submit. If EPA cannot read your sources are required under section applicable requirements found in 25 Pa
comment due to technical difficulties 182(b)(2). The categories are: Code Chapters 121, 123 and 145.
and cannot contact you for clarification, (1) All sources covered by a Control On February 4, 2003, PADEP
EPA may not be able to consider your Technique Guideline (CTG) document submitted revisions to the Pennsylvania
comment. Electronic files should avoid issued between November 15, 1990 and SIP which establish and impose RACT
the use of special characters, any form the date of attainment; for five sources of VOC and NOX. The
of encryption, and be free of any defects (2) All sources covered by a CTG Commonwealth’s submittals consist of
or viruses. issued prior to November 15, 1990; and PAs and OPs which impose VOC and
Docket: All documents in the (3) All major non-CTG sources. NOX RACT requirements for each
electronic docket are listed in the RME The Pennsylvania SIP already has source.
index at http://www.docket.epa.gov/ approved RACT regulations and
II. Summary of the SIP Revisions
rmepub/. Although listed in the index, requirements for all sources and source
some information is not publicly categories covered by the CTGs. The Copies of the actual PAs and OPs
available, i.e., CBI or other information Pennsylvania SIP also has approved imposing RACT and PADEP’s
whose disclosure is restricted by statute. regulations to require major sources of evaluation memoranda are included in
Certain other material, such as NOX and additional major sources of the electronic and hard copy docket for
copyrighted material, is not placed on VOC emissions (not covered by a CTG) this final rule. As previously stated, all
the Internet and will be publicly to implement RACT. These regulations documents in the electronic docket are
available only in hard copy form. are commonly termed the ‘‘generic listed in the RME index at http://
Publicly available docket materials are RACT regulations’’. A generic RACT www.docket.epa.gov/rmepub/. Publicly
available either electronically in RME or regulation is one that does not, itself, available docket materials are available
in hard copy during normal business specifically define RACT for a source or either electronically in RME or in hard
hours at the Air Protection Division, source categories but instead establishes copy during normal business hours at
U.S. Environmental Protection Agency, procedures for imposing case-by-case the Air Protection Division, U.S.
Region III, 1650 Arch Street, RACT determinations. The Environmental Protection Agency,
Philadelphia, Pennsylvania 19103. Commonwealth’s SIP-approved generic Region III, 1650 Arch Street,
Copies of the State submittal are RACT regulations consist of the Philadelphia, Pennsylvania 19103.
available at the Pennsylvania procedures PADEP uses to establish and Copies of the State submittal are
Department of Environmental impose RACT for subject sources of available at the Pennsylvania
Protection, Bureau of Air Quality, P.O. VOC and NOX. Pursuant to the SIP- Department of Environmental
Box 8468, 400 Market Street, Harrisburg, approved generic RACT rules, PADEP Protection, Bureau of Air Quality, P.O.
Pennsylvania 17105. imposes RACT on each subject source in Box 8468, 400 Market Street, Harrisburg,
an enforceable document, usually a Plan Pennsylvania 17105. The table below
FOR FURTHER INFORMATION CONTACT: Rose Approval (PA) or Operating Permit (OP). identifies the sources and the individual
Quinto, (215) 814–2182, or by e-mail at The Commonwealth then submits these plan approvals (PAs) and operating
quinto.rose@epa.gov. PAs and OPs to EPA for approval as permits (OPs) which are the subject of
SUPPLEMENTARY INFORMATION: source-specific SIP revisions. this rulemaking.

PENNSYLVANIA—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES


Plan Approval
(PA #) ‘‘Major
Source County Operating Per- Source type source’’
mit Pollutant
(OP #)

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

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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations 16117

EPA is approving these RACT SIP impact on a substantial number of small B. Submission to Congress and the
submittals because PADEP established entities under the Regulatory Flexibility Comptroller General
and imposed these RACT requirements Act (5 U.S.C. 601 et seq.). Because this The Congressional Review Act, 5
in accordance with the criteria set forth rule approves pre-existing requirements U.S.C. 801 et seq., as added by the Small
in its SIP-approved generic RACT under state law and does not impose Business Regulatory Enforcement
regulations applicable to these sources. any additional enforceable duty beyond Fairness Act of 1996, generally provides
The Commonwealth has also imposed that required by state law, it does not that before a rule may take effect, the
record-keeping, monitoring, and testing contain any unfunded mandate or agency promulgating the rule must
requirements on these sources sufficient significantly or uniquely affect small submit a rule report, which includes a
to determine compliance with the governments, as described in the copy of the rule, to each House of the
applicable RACT determinations. Unfunded Mandates Reform Act of 1995 Congress and to the Comptroller General
III. Final Action (Pub. L. 104–4). This rule also does not of the United States. Section 804
have tribal implications because it will exempts from section 801 the following
EPA is approving the revisions to the types of rules: (1) Rules of particular
Pennsylvania SIP submitted by PADEP not have a substantial direct effect on
one or more Indian tribes, on the applicability; (2) rules relating to agency
to establish and require VOC and NOX management or personnel; and (3) rules
RACT for five major sources. EPA is relationship between the Federal
of agency organization, procedure, or
publishing this rule without prior Government and Indian tribes, or on the
practice that do not substantially affect
proposal because the Agency views this distribution of power and
the rights or obligations of non-agency
as a noncontroversial amendment and responsibilities between the Federal parties. 5 U.S.C. 804(3). EPA is not
anticipates no adverse comment. Government and Indian tribes, as required to submit a rule report
However, in the ‘‘Proposed Rules’’ specified by Executive Order 13175 (65 regarding today’s action under section
section of today’s Federal Register, EPA FR 67249, November 9, 2000). This 801 because this is a rule of particular
is publishing a separate document that action also does not have Federalism applicability establishing source-
will serve as the proposal to approve the implications because it does not have specific requirements for five named
SIP revision if adverse comments are substantial direct effects on the States, sources.
filed. This rule will be effective on May on the relationship between the national
31, 2005, without further notice unless C. Petitions for Judicial Review
government and the States, or on the
EPA receives adverse comment by April distribution of power and Under section 307(b)(1) of the Clean
29, 2005. If EPA receives adverse responsibilities among the various Air Act, petitions for judicial review of
comment, EPA will publish a timely levels of government, as specified in this action must be filed in the United
withdrawal in the Federal Register Executive Order 13132 (64 FR 43255, States Court of Appeals for the
informing the public that the rule will August 10, 1999). This action merely appropriate circuit by May 31, 2005.
not take effect. EPA will address all approves a state rule implementing a Filing a petition for reconsideration by
public comments in a subsequent final the Administrator of this final rule
Federal standard, and does not alter the
rule based on the proposed rule. EPA approving source-specific RACT
relationship or the distribution of power requirements for five sources in the
will not institute a second comment
and responsibilities established in the Commonwealth of Pennsylvania does
period on this action. Any parties
interested in commenting must do so at Clean Air Act. This rule also is not not affect the finality of this rule for the
this time. Please note that if EPA subject to Executive Order 13045 purposes of judicial review nor does it
receives adverse comment on an ‘‘Protection of Children from extend the time within which a petition
amendment, paragraph, or section of Environmental Health Risks and Safety for judicial review may be filed, and
this rule and if that provision may be Risks’’ (62 FR 19885, April 23, 1997), shall not postpone the effectiveness of
severed from the remainder of the rule, because it is not economically such rule or action. This action may not
EPA may adopt as final those provisions significant. be challenged later in proceedings to
of the rule that are not the subject of an In reviewing SIP submissions, EPA’s enforce its requirements. (See section
adverse comment. role is to approve state choices, 307(b)(2).)
IV. Statutory and Executive Order provided that they meet the criteria of List of Subjects in 40 CFR Part 52
Reviews the Clean Air Act. In this context, in the Environmental protection, Air
absence of a prior existing requirement pollution control, Nitrogen dioxide,
A. General Requirements for the State to use voluntary consensus Ozone, Reporting and recordkeeping
Under Executive Order 12866 (58 FR standards (VCS), EPA has no authority requirements, Volatile organic
51735, October 4, 1993), this action is to disapprove a SIP submission for compounds.
not a ‘‘significant regulatory action’’ and failure to use VCS. It would thus be Dated: March 18, 2005.
therefore is not subject to review by the inconsistent with applicable law for
Office of Management and Budget. For James Newsom,
EPA, when it reviews a SIP submission,
this reason, this action is also not Acting Regional Administrator, Region III.
to use VCS in place of a SIP submission
subject to Executive Order 13211, that otherwise satisfies the provisions of ■ 40 CFR part 52 is amended as follows:
‘‘Actions Concerning Regulations That the Clean Air Act. Thus, the
Significantly Affect Energy Supply, PART 52—[AMENDED]
requirements of section 12(d) of the
Distribution, or Use’’ (66 FR 28355, May National Technology Transfer and ■ 1. The authority citation for part 52
22, 2001). This action merely approves Advancement Act of 1995 (15 U.S.C. continues to read as follows:
state law as meeting Federal
272 note) do not apply. This rule does Authority: 42 U.S.C. 7401 et seq.
requirements and imposes no additional
not impose an information collection
requirements beyond those imposed by Subpart NN–Pennsylvania
state law. Accordingly, the burden under the provisions of the
Administrator certifies that this rule Paperwork Reduction Act of 1995 (44 ■ 2. In § 52.2020, the table in paragraph
will not have a significant economic U.S.C. 3501 et seq.). (d)(1) is amended by adding the entries

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16118 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations

for R.H. Sheppard Co., Inc., Wheatland Corporations at the end of the table to § 52.2020 Identification of plan.
Tube Company, and three read as follows: * * * * *
Transcontinental Gas Pipeline (d) * * *

(1) EPA-APPROVED SOURCE-SPECIFIC REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) REQUIREMENTS FOR
VOLATILE ORGANIC COMPOUNDS (VOC) AND OXIDES OF NITROGEN (NOX)
State effective EPA approval Additional explanation/
Name of source Permit No. County date date § 52.2063 citation

* * * * * * *
R.H. Sheppard Co., Inc ..................... 67–2016 York ..................... 8/4/95 3/30/05 [Insert 52.2020(d)(1)(i)
page number
where the doc-
ument begins].
Wheatland Tube Company ............... OP 43–182 Mercer ................. 7/26/95 3/30/05 [Insert 52.2020(d)(1)(i)
page number
where the doc-
ument begins].
Transcontinental Gas Pipeline Cor- OP–53–0006 Potter .................. 10/13/95 3/30/05 [Insert 52.2020(d)(1)(i)
poration. page number
where the doc-
ument begins].
Transcontinental Gas Pipeline Cor- OP–19–0004 Columbia ............. 5/30/95 3/30/05 [Insert 52.2020(d)(1)(i)
poration. page number
where the doc-
ument begins].
Transcontinental Gas Pipeline Cor- PA–41–0005A Lycoming ............. 8/9/95 3/30/05 [Insert 52.2020(d)(1)(i)
poration. page number
where the doc-
ument begins].

* * * * * DATES: This rule is effective on May 31, Instructions: Direct your comments to
[FR Doc. 05–6280 Filed 3–29–05; 8:45 am] 2005 without further notice, unless EPA RME ID No. R03-OAR–2005–PA–0004.
BILLING CODE 6560–50–P receives adverse written comment by EPA’s policy is that all comments
April 29, 2005. If EPA receives such received will be included in the public
comments, it will publish a timely docket without change, and may be
ENVIRONMENTAL PROTECTION withdrawal of the direct final rule in the made available online at http://
AGENCY Federal Register and inform the public www.docket.epa.gov/rmepub/,
that the rule will not take effect. including any personal information
40 CFR Part 52 ADDRESSES: Submit your comments, provided, unless the comment includes
identified by Regional Material in information claimed to be Confidential
[R03–OAR–2005–PA–0004; FRL–7891–7] EDocket (RME) ID Number R03–OAR– Business Information (CBI) or other
2005–PA–0004 by one of the following information whose disclosure is
Approval and Promulgation of Air methods: restricted by statute. Do not submit
Quality Implementation Plans; A. Federal eRulemaking Portal: http:/ information that you consider to be CBI
Pennsylvania; NOX RACT /www.regulations.gov. Follow the on- or otherwise protected through RME,
Determinations for Ten Individual line instructions for submitting regulations.gov or e-mail. The EPA RME
Sources comments. and the Federal regulations.gov Web
B. Agency Web site: http://
AGENCY: Environmental Protection sites are an ‘‘anonymous access’’
www.docket.epa.gov/rmepub/ RME,
Agency (EPA). system, which means EPA will not
EPA’s electronic public docket and
ACTION: Direct final rule. comment system, is EPA’s preferred know your identity or contact
method for receiving comments. Follow information unless you provide it in the
SUMMARY: EPA is taking direct final the on-line instructions for submitting body of your comment. If you send an
action to approve revisions to the comments. e-mail comment directly to EPA without
Commonwealth of Pennsylvania’s State C. E-mail: morris.makeba@epa.gov. going through RME or regulations.gov,
Implementation Plan (SIP). The D. Mail: R03–OAR–2005–PA–0004, your e-mail address will be
revisions were submitted by the Makeba Morris, Chief, Air Quality automatically captured and included as
Pennsylvania Department of Planning Branch, Mailcode 3AP21, U.S. part of the comment that is placed in the
Environmental Protection (PADEP) to Environmental Protection Agency, public docket and made available on the
establish and require reasonably Region III, 1650 Arch Street, Internet. If you submit an electronic
available control technology (RACT) for Philadelphia, Pennsylvania 19103. comment, EPA recommends that you
ten major sources of nitrogen oxides E. Hand Delivery: At the previously- include your name and other contact
(NOX). These sources are located in listed EPA Region III address. Such information in the body of your
Pennsylvania. EPA is approving these deliveries are only accepted during the comment and with any disk or CD–ROM
revisions to establish RACT Docket’s normal hours of operation, and you submit. If EPA cannot read your
requirements in the SIP in accordance special arrangements should be made comment due to technical difficulties
with the Clean Air Act (CAA). for deliveries of boxed information. and cannot contact you for clarification,

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