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Federal Register / Vol. 73, No.

43 / Tuesday, March 4, 2008 / Rules and Regulations 11553

[FR Doc. E8–4022 Filed 3–3–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: Rose 22, 2001). This action merely approves
BILLING CODE 4910–13–P Quinto, (215) 814–2182, or by e-mail at state law as meeting Federal requirements and imposes no additional
SUPPLEMENTARY INFORMATION: requirements beyond those imposed by
state law. Accordingly, the
ENVIRONMENTAL PROTECTION I. Background Administrator certifies that this rule
AGENCY On January 4, 2008 (73 FR 836), EPA will not have a significant economic
published a notice of proposed impact on a substantial number of small
40 CFR Part 52 rulemaking (NPR) for the entities under the Regulatory Flexibility
Commonwealth. The NPR proposed Act (5 U.S.C. 601 et seq.). Because this
[EPA–R03–OAR–2007–0534; FRL–8536–4] approval of the VOC and NOX RACT rule approves pre-existing requirements
determinations for Merck. The formal under state law and does not impose
Approval and Promulgation of Air SIP revision was submitted by the any additional enforceable duty beyond
Quality Implementation Plans; Pennsylvania Department of that required by state law, it does not
Pennsylvania; VOC and NOX RACT Environmental Protection (PADEP) on contain any unfunded mandate or
Determinations for Merck and Co., Inc. June 13, 2007. significantly or uniquely affect small
governments, as described in the
AGENCY: Environmental Protection II. Summary of SIP Revision Unfunded Mandates Reform Act of 1995
Agency (EPA).
Merck is a chemical process facility (Pub. L. 104–4). This rule also does not
ACTION: Final rule. and is a major source of VOC and NOX have tribal implications because it will
emissions located in Northumberland not have a substantial direct effect on
SUMMARY: EPA is approving a State
County, Pennsylvania. The one or more Indian tribes, on the
Implementation Plan (SIP) revision Commonwealth’s submittal consists of relationship between the Federal
submitted by the Commonwealth of an operating permit (OP–49–0007B) that Government and Indian tribes, or on the
Pennsylvania (Pennsylvania or the imposes VOC and NOX RACT distribution of power and
Commonwealth). This revision requirements for Merck. PADEP responsibilities between the Federal
establishes and requires reasonably established and imposed these RACT Government and Indian tribes, as
available control technology (RACT) for requirements in accordance with the specified by Executive Order 13175 (65
a major source of volatile organic criteria set forth in its SIP-approved FR 67249, November 9, 2000). This
compound (VOC) and nitrogen oxide generic RACT regulations applicable to action also does not have Federalism
(NOX) pursuant to the Pennsylvania’s Merck. In accordance with its SIP- implications because it does not have
SIP-approved generic RACT regulations. approved generic RACT rule, the substantial direct effects on the States,
The VOC and NOX major source is Commonwealth has also imposed on the relationship between the national
Merck and Co., Inc. (Merck) located in recordkeeping, monitoring, and testing government and the States, or on the
Northumberland County, Pennsylvania. requirements on Merck sufficient to distribution of power and
EPA is approving this revision in determine compliance with the responsibilities among the various
accordance with the Clean Air Act applicable RACT determinations. Other levels of government, as specified in
(CAA). requirements to the VOC and NOX Executive Order 13132 (64 FR 43255,
DATES: Effective Date: This final rule is RACT determinations and the rationale August 10, 1999). This action merely
effective on April 3, 2008. for EPA’s proposed action are explained approves a state rule implementing a
ADDRESSES: EPA has established a in the NPR and will not be restated here. Federal requirement, and does not alter
docket for this action under Docket ID No public comments were received on the relationship or the distribution of
Number EPA–R03–OAR–2007–0534. All the NPR. power and responsibilities established
documents in the docket are listed in III. Final Action in the CAA. This rule also is not subject
the Web to Executive Order 13045 ‘‘Protection of
site. Although listed in the electronic EPA is approving the revisions to the Children from Environmental Health
docket, some information is not publicly Pennsylvania SIP submitted by PADEP Risks and Safety Risks’’ (62 FR 19885,
available, i.e., confidential business on June 13, 2007. The SIP revisions April 23, 1997), because it approves a
information (CBI) or other information establish and require VOC and NOX state rule implementing a Federal
whose disclosure is restricted by statute. RACT pursuant to the Commonwealth’s standard.
Certain other material, such as SIP-approved generic RACT regulations In reviewing SIP submissions, EPA’s
copyrighted material, is not placed on for Merck and Co., Inc. (OP–49–0007B) role is to approve state choices,
the Internet and will be publicly located in Northumberland County, provided that they meet the criteria of
available only in hard copy form. Pennsylvania. the CAA. In this context, in the absence
Publicly available docket materials are IV. Statutory and Executive Order of a prior existing requirement for the
available either electronically through Reviews State to use voluntary consensus or in hard standards (VCS), EPA has no authority
copy for public inspection during A. General Requirements to disapprove a SIP submission for
normal business hours at the Air Under Executive Order 12866 (58 FR failure to use VCS. It would thus be
Protection Division, U.S. Environmental 51735, October 4, 1993), this action is inconsistent with applicable law for
Protection Agency, Region III, 1650 not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission,
Arch Street, Philadelphia, Pennsylvania therefore is not subject to review by the to use VCS in place of a SIP submission
19103. Copies of the State submittal are Office of Management and Budget. For that otherwise satisfies the provisions of
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available at the Pennsylvania this reason, this action is also not the CAA. Thus, the requirements of
Department of Environmental subject to Executive Order 13211, section 12(d) of the National
Protection, Bureau of Air Quality ‘‘Actions Concerning Regulations That Technology Transfer and Advancement
Control, P.O. Box 8468, 400 Market Significantly Affect Energy Supply, Act of 1995 (15 U.S.C. 272 note) do not
Street, Harrisburg, Pennsylvania 17105. Distribution, or Use’’ (66 FR 28355, May apply. This rule does not impose an

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11554 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations

information collection burden under the applicability establishing source- reference, Nitrogen dioxide, Ozone,
provisions of the Paperwork Reduction specific requirements for Merck. Reporting and recordkeeping
Act of 1995 (44 U.S.C. 3501 et seq.). requirements, Volatile organic
C. Petitions for Judicial Review
B. Submission to Congress and the Under section 307(b)(1) of the CAA,
Comptroller General Dated: February 21, 2008.
petitions for judicial review of this
The Congressional Review Act, 5 Donald S. Welsh,
action must be filed in the United States
U.S.C. 801 et seq., as added by the Small Court of Appeals for the appropriate Regional Administrator, Region III.
Business Regulatory Enforcement circuit by May 5, 2008. Filing a petition ■ 40 CFR part 52 is amended as follows:
Fairness Act of 1996, generally provides for reconsideration by the Administrator
that before a rule may take effect, the of this final rule does not affect the PART 52—[AMENDED]
agency promulgating the rule must finality of this rule for the purposes of
submit a rule report, which includes a judicial review nor does it extend the ■ 1. The authority citation for part 52
copy of the rule, to each House of the time within which a petition for judicial continues to read as follows:
Congress and to the Comptroller General review may be filed, and shall not Authority: 42 U.S.C. 7401 et seq.
of the United States. Section 804 postpone the effectiveness of such rule
exempts from section 801 the following or action. This action, approving the Subpart NN—Pennsylvania
types of rules: (1) Rules of particular VOC and NOX RACT determinations for
applicability; (2) rules relating to agency Merck and Co., Inc. located in ■ 2. In § 52.2020, the table in paragraph
management or personnel; and (3) rules Northumberland County, Pennsylvania, (d)(1) is amended by adding an entry for
of agency organization, procedure, or may not be challenged later in Merck and Co., Inc. at the end of the
practice that do not substantially affect proceedings to enforce its requirements. table to read as follows:
the rights or obligations of non-agency (See section 307(b)(2).) § 52.2020 Identification of plan.
parties. 5 U.S.C. 804(3). EPA is not
required to submit a rule report List of Subjects in 40 CFR part 52 * * * * *
regarding today’s action under section Environmental protection, Air (d) * * *
801 because this is a rule of particular pollution control, Incorporation by (1) * * *

State EPA
Name of source County Permit No. explanation/
effective date approval date § 52.2063 citation

* * * * * * *
Merck and Co., Inc ............................ Northumberland ......... OP–49–0007B 05/16/01 03/04/08 ........... 52.2020(d)(1)(v)
[Insert page
number where
the document

* * * * * commonly referred to as an 1. Follow

[FR Doc. E8–4038 Filed 3–3–08; 8:45 am] infrastructure SIP. In 1997, EPA the on-line instructions for submitting
promulgated the 8-hour ozone primary comments.
and secondary NAAQS. A revision to 2. E-mail:
Iowa’s SIP detailing how the state plans 3. Mail: Heather Hamilton,
to ensure that the revised ozone Environmental Protection Agency, Air
standard is implemented, enforced, and Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
maintained in Iowa was submitted on
40 CFR Part 52 66101.
June 15, 2007. The submittal addressed 4. Hand Delivery or Courier: Deliver
[EPA–R07–OAR–2007–1180; FRL–8535–9] all the elements of the October 2, 2007, your comments to Heather Hamilton,
guidance issued by the Office of Air Environmental Protection Agency, Air
Approval and Promulgation of Quality and Planning Standards with Planning and Development Branch, 901
Implementation Plans; State of Iowa regard to infrastructure SIPs. North 5th Street, Kansas City, Kansas
AGENCY: Environmental Protection DATES: This direct final rule will be 66101.
Agency (EPA). effective May 5, 2008, without further Instructions: Direct your comments to
ACTION: Direct final rule. notice, unless EPA receives adverse Docket ID No. EPA–R07–OAR–2007–
1180. EPA’s policy is that all comments
comment by April 3, 2008. If adverse
SUMMARY: EPA is approving the State received will be included in the public
comment is received, EPA will publish
Implementation Plan (SIP) revision docket without change and may be
submitted by the state of Iowa to a timely withdrawal of the direct final made available online at http://
demonstrate that the state meets the rule in the Federal Register informing, including any
requirements of Section 110(a)(1) and the public that the rule will not take personal information provided, unless
(2) of the Clean Air Act (CAA). Section effect. the comment includes information
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110(a) of the CAA requires that each ADDRESSES: Submit your comments, claimed to be Confidential Business
state adopt and submit a SIP for the identified by Docket ID No. EPA–R07– Information (CBI) or other information
implementation, maintenance and whose disclosure is restricted by statute.
OAR–2007–1180, by one of the
enforcement of each NAAQS Do not submit through http://
following methods:
promulgated by the EPA and is or e-mail

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