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Federal Register / Vol. 71, No.

38 / Monday, February 27, 2006 / Proposed Rules 9747

PART 165—REGULATED NAVIGATION (d) Effective period. This section will docket without change, and may be
AREAS AND LIMITED ACCESS AREAS be effective from 7 a.m. to 5 p.m. local made available online at http://
time on May 7, 2006., including any
1. The authority citation for part 165 personal information provided, unless
Dated: February 13, 2006.
continues to read as follows: the comment includes information
Curtis A. Springer,
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. claimed to be Confidential Business
Captain, U.S. Coast Guard, Captain of the
Chapter 701; 50 U.S.C. 191, 195; 33 CFR Information (CBI) or other information
Port, Baltimore, Maryland.
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. whose disclosure is restricted by statute.
107–295, 116 Stat. 2064; Department of [FR Doc. E6–2714 Filed 2–24–06; 8:45 am]
Do not submit information that you
Homeland Security Delegation No. 0170.1. BILLING CODE 4910–15–P
consider to be CBI or otherwise
2. Add § 165.T05–003 to read as protected through http://
follows: or e-mail. The
§ 165.T05–003 Security Zone; Chesapeake AGENCY ‘‘anonymous access’’ system, which
Bay, between Sandy Point and Kent Island, means EPA will not know your identity
MD. 40 CFR Part 52 or contact information unless you
(a) Definitions. (1) The Captain of the [EPA–R03–OAR–2005–0499; FRL–8036–9] provide it in the body of your comment.
Port, Baltimore, Maryland means the If you send an e-mail comment directly
Commander, Coast Guard Sector Approval and Promulgation of Air to EPA without going through http://
Baltimore, Maryland or any Coast Guard Quality Implementation Plans;, your e-mail
commissioned, warrant, or petty officer Pennsylvania; NOX RACT address will be automatically captured
who has been authorized by the Captain Determinations for Five Individual and included as part of the comment
of the Port, Baltimore, Maryland to act Sources that is placed in the public docket and
on his or her behalf. AGENCY: Environmental Protection made available on the Internet. If you
(b) Location. The following area is a Agency (EPA). submit an electronic comment, EPA
security zone: All waters of the recommends that you include your
ACTION: Proposed rule.
Chesapeake Bay, from the surface to the name and other contact information in
bottom, within 250 yards north of the SUMMARY: EPA proposes to approve the body of your comment and with any
north (westbound) span of the William revisions to the Pennsylvania State disk or CD–ROM you submit. If EPA
P. Lane Jr. Memorial Bridge, and 250 Implementation Plan (SIP). The cannot read your comment due to
yards south of the south (eastbound) revisions were submitted by the technical difficulties and cannot contact
span of the William P. Lane Jr. Pennsylvania Department of you for clarification, EPA may not be
Memorial Bridge, from the western Environmental Protection (PADEP) to able to consider your comment.
shore at Sandy Point to the eastern establish and require reasonably Electronic files should avoid the use of
shore at Kent Island, Maryland. available control technology (RACT) for special characters, any form of
(c) Regulations. (1) All persons are five major sources of nitrogen oxides encryption, and be free of any defects or
required to comply with the general (NOX) pursuant to the Commonwealth viruses.
regulations governing security zones of Pennsylvania’s (Pennsylvania or the Docket: All documents in the
found in § 165.33 of this part. Commonwealth) SIP-approved generic electronic docket are listed in the http://
(2) Entry into or remaining in this RACT regulations. EPA is proposing to index. Although
zone is prohibited unless authorized by approve these revisions in accordance listed in the index, some information is
the Coast Guard Captain of the Port, with the Clean Air Act (CAA). not publicly available, i.e., CBI or other
Baltimore, Maryland. information whose disclosure is
DATES: Written comments must be
(3) Persons or vessels requiring entry restricted by statute. Certain other
received on or before March 29, 2006.
into or passage through the security material, such as copyrighted material,
ADDRESSES: Submit your comments, is not placed on the Internet and will be
zone must first request authorization identified by Docket ID Number EPA–
from the Captain of the Port, Baltimore publicly available only in hard copy
R03–OAR–2005–0499 by one of the form. Publicly available docket
to seek permission to transit the area. following methods:
The Captain of the Port, Baltimore, materials are available either
A. Follow electronically in http://
Maryland can be contacted at telephone the on-line instructions for submitting
number (410) 576–2693. The Coast or in hard copy
comments. during normal business hours at the Air
Guard vessels enforcing this section can B. E-mail:
be contacted on VHF Marine Band Protection Division, U.S. Environmental
C. Mail: EPA–R03–OAR–2005–0499,
Radio, VHF channel 16 (156.8 MHz). Protection Agency, Region III, 1650
Makeba Morris, Chief, Air Quality
Upon being hailed by a U.S. Coast Arch Street, Philadelphia, Pennsylvania
Planning Branch, Mailcode 3AP21, U.S.
Guard vessel by siren, radio, flashing 19103. Copies of the State submittal are
Environmental Protection Agency,
light, or other means, the operator of a available at the Pennsylvania
Region III, 1650 Arch Street,
vessel shall proceed as directed. If Department of Environmental
Philadelphia, Pennsylvania 19103.
permission is granted, all persons and Protection, Bureau of Air Quality, P.O.
D. Hand Delivery: At the previously-
vessels must comply with the Box 8468, 400 Market Street, Harrisburg,
listed EPA Region III address. Such
instructions of the Captain of the Port, Pennsylvania 17105.
deliveries are only accepted during the
Baltimore, Maryland and proceed at the Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT:
LaKeshia N. Robertson, (215) 814–2113,
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minimum speed necessary to maintain a special arrangements should be made

safe course while within the zone. for deliveries of boxed information. or by e-mail at
(4) Enforcement. The U.S. Coast Instructions: Direct your comments to
Guard may be assisted in the patrol and Docket ID No. EPA–R03–OAR–2005– SUPPLEMENTARY INFORMATION: On
enforcement of the zone by Federal, 0499. EPA’s policy is that all comments November 21, 2005, PADEP submitted
State, and local agencies. received will be included in the public revisions to the Pennsylvania SIP. These

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9748 Federal Register / Vol. 71, No. 38 / Monday, February 27, 2006 / Proposed Rules

SIP revisions consist of source-specific (3) All major non-CTG sources. determined and imposed RACT in
operating permits and/or plan approvals The Pennsylvania SIP already has accordance with the provisions of the
issued by PADEP to establish and approved RACT regulations and SIP-approved generic RACT rules.
require RACT for five sources pursuant requirements for all sources and source It must be noted that the
to Pennsylvania’s SIP-approved generic categories covered by the CTGs. The Commonwealth has adopted and is
RACT regulations. Pennsylvania SIP also has approved implementing additional ‘‘post RACT
I. Background regulations to require major sources of requirements’’ to reduce seasonal NOX
Pursuant to sections 182(b)(2) and NOX and additional major sources of emissions in the form of a NOX cap and
182(f) of the CAA, Pennsylvania is VOC emissions (not covered by a CTG) trade regulation, 25 Pa Code Chapters
required to establish and implement to implement RACT. These regulations 121 and 123, based upon a model rule
RACT for all major VOC and NOX are commonly termed the ‘‘generic developed by the States in the OTR.
sources. The major source size is RACT regulations’’. A generic RACT That regulation was approved as SIP
determined by its location, the regulation is one that does not, itself, revision on June 6, 2000 (65 FR 35842).
classification of that area and whether it specifically define RACT for a source or Pennsylvania has also adopted 25 PA
is located in the ozone transport region source categories but instead establishes Code Chapter 145 to satisfy Phase I of
(OTR). Under section 184 of the CAA, procedures for imposing case-by-case the NOX SIP call. That regulation was
RACT as specified in sections 182(b)(2) RACT determinations. The approved as a SIP revision on August
and 182(f) applies throughout the OTR. Commonwealth’s SIP-approved generic 21, 2001 (66 FR 43795). Federal
The entire Commonwealth is located RACT regulations consist of the
approval of a source-specific RACT
within the OTR. Therefore, RACT is procedures PADEP uses to establish and
determination for a major source of NOX
applicable statewide in Pennsylvania. impose RACT for subject sources of
in no way relieves that source from any
State implementation plan revisions VOC and NOX. Pursuant to the SIP-
approved generic RACT rules, PADEP applicable requirements found in 25 PA
imposing RACT for three classes of VOC Code Chapters 121, 123 and 145.
sources are required under section imposes RACT on each subject source in
182(b)(2). The categories are: an enforceable document, usually a Plan II. Summary of the SIP Revisions
(1) All sources covered by a Control Approval (PA) or Operating Permit (OP).
Technique Guideline (CTG) document The Commonwealth then submits these The following table identifies the
issued between November 15, 1990 and PAs and OPs to EPA for approval as sources and the individual plan
the date of attainment; source-specific SIP revisions. EPA approvals (PAs) and operating permits
(2) All sources covered by a CTG reviews these SIP revisions to ensure (OPs) which are the subject of this
issued prior to November 15, 1990; and that the Pennsylvania DEP has rulemaking.


Plan approval (PA #)/
Source’s name County Source type source’’
Operating permit (OP #) pollutant

Pennsylvania Electric Com- Indiana .................................... 32–000–059 ............................ Two boilers and four diesel NOX
pany. generators.
The Harrisburg Authority ........ Dauphin .................................. 22–2007 .................................. Two identical independent NOX
mass burn refuse combus-
tion/steam generation units.
Texas Eastern Transmission Perry ....................................... 50–02001 ................................ IC engine and two hp gas tur- NOX
Corp. bines.
Graybec Lime, Inc .................. Centre ..................................... OP–14–0004 .......................... Three rotary lime kilns and NOX
two waste oil furnaces.
Techneglas, Inc. ..................... Luzerne ................................... 40–0009A ............................... Three glass melting furnaces NOX

Interested parties are advised that Arch Street, Philadelphia, Pennsylvania compliance with the applicable RACT
copies of Pennsylvania’s SIP submittals 19103. Copies of the State submittal are determinations.
for these sources, including the actual available at the Pennsylvania
PAs and OPs imposing RACT, PADEP’s III. Proposed Action
Department of Environmental
evaluation memoranda and the sources’ Protection, Bureau of Air Quality, P.O. EPA is approving the revisions to the
RACT proposals (referenced in PADEP’s Box 8468, 400 Market Street, Harrisburg, Pennsylvania SIP submitted by PADEP
evaluation memoranda) are included Pennsylvania 17105. on November 21, 2005 to establish and
and may be viewed in their entirety in require NOX RACT for five sources
EPA is approving these RACT SIP
both the electronic and hard copy pursuant to the Commonwealth’s SIP-
submittals because PADEP established
versions of the docket for this final rule. approved generic RACT regulations.
and imposed these RACT requirements
As previously stated, all documents in in accordance with the criteria set forth EPA is soliciting public comments on
the electronic docket are listed in the in its SIP-approved generic RACT this proposed rule to approve these index. regulations applicable to these sources. source-specific RACT determinations
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Publicly available docket materials are In accordance with its SIP-approved established and imposed by PADEP in
available either electronically in http:// generic RACT rule, the Commonwealth accordance with the criteria set forth in or in hard copy its SIP-approved generic RACT
has also imposed record-keeping,
during normal business hours at the Air regulations applicable to these sources.
monitoring, and testing requirements on
Protection Division, U.S. Environmental These comments will be considered
these sources sufficient to determine
Protection Agency, Region III, 1650 before taking final action.

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Federal Register / Vol. 71, No. 38 / Monday, February 27, 2006 / Proposed Rules 9749

IV. Statutory and Executive Order EPA, when it reviews a SIP submission, final interim approval rulemaking of
Reviews to use VCS in place of a SIP submission January 9, 2003 (68 FR 1162). Full
Under Executive Order 12866 (58 FR that otherwise satisfies the provisions of approval of Guam’s alternate permit
51735, October 4, 1993), this proposed the Clean Air Act. Thus, the program and associated SIP revision
action is not a ‘‘significant regulatory requirements of section 12(d) of the will allow sources to be permitted under
action’’ and therefore is not subject to National Technology Transfer and Guam’s approved alternate operating
review by the Office of Management and Advancement Act of 1995 (15 U.S.C. permit program.
Budget. For this reason, this action is 272 note) do not apply. As required by DATES: Any comments on this proposal
also not subject to Executive Order section 3 of Executive Order 12988 (61 must arrive by March 29, 2006.
13211, ‘‘Actions Concerning Regulations FR 4729, February 7, 1996), in issuing ADDRESSES: Submit comments,
That Significantly Affect Energy Supply, this proposed rule, EPA has taken the identified by docket number EPA–R09–
Distribution, or Use’’ (66 FR 28355 (May necessary steps to eliminate drafting OAR–2005–0506, by one of the
22, 2001)). This action merely proposes errors and ambiguity, minimize following methods:
to approve state law as meeting Federal potential litigation, and provide a clear 1. Federal eRulemaking Portal:
requirements and imposes no additional legal standard for affected conduct. EPA Follow the
requirements beyond those imposed by has complied with Executive Order on-line instructions.
state law. Accordingly, the 12630 (53 FR 8859, March 15, 1988) by 2. Agency Web site: http://
Administrator certifies that this examining the takings implications of EPA prefers
proposed rule will not have a significant the rule in accordance with the receiving comments through this
economic impact on a substantial ‘‘Attorney General’s Supplemental electronic public docket and comment
number of small entities under the Guidelines for the Evaluation of Risk system. Follow the on-line instructions
Regulatory Flexibility Act (5 U.S.C. 601 and Avoidance of Unanticipated to submit comments.
et seq.). Because this rule proposes to Takings’’ issued under the executive 3. E-mail:
approve pre-existing requirements order. 4. Mail or deliver: Gerardo Rios (Air-
under state law and does not impose This proposed rule, to approve five 3), U.S. Environmental Protection
any additional enforceable duty beyond source-specific RACT determinations, Agency Region IX, 75 Hawthorne Street,
that required by state law, it does not established and imposed by the San Francisco, CA 94105–3901.
contain any unfunded mandate or Commonwealth of Pennsylvania Instructions: All comments will be
significantly or uniquely affect small pursuant to its SIP-approved generic included in the public docket without
governments, as described in the RACT regulations does not impose an change and may be made available
Unfunded Mandates Reform Act of 1995 information collection burden under the online at
(Public Law 104–4). This proposed rule provisions of the Paperwork Reduction including any personal information
also does not have a substantial direct Act of 1995 (44 U.S.C. 3501 et seq.). provided, unless the comment includes
effect on one or more Indian tribes, on List of Subjects in 40 CFR Part 52 Confidential Business Information (CBI)
the relationship between the Federal or other information whose disclosure is
Government and Indian tribes, or on the Environmental protection, Air restricted by statute. Information that
distribution of power and pollution control, Nitrogen dioxide, you consider CBI or otherwise protected
responsibilities between the Federal Ozone, Reporting and recordkeeping should be clearly identified as such and
Government and Indian tribes, as requirements. should not be submitted through the
specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq. agency Web site, eRulemaking portal or
FR 67249, November 9, 2000), nor will Dated: February 15, 2006. e-mail. The agency Web site and
it have substantial direct effects on the Donald S. Welsh, eRulemaking portal are ‘‘anonymous
States, on the relationship between the Regional Administrator, Region III.
access’’ systems, and EPA will not know
national government and the States, or your identity or contact information
[FR Doc. E6–2736 Filed 2–24–06; 8:45 am]
on the distribution of power and unless you provide it in the body of
responsibilities among the various your comment. If you send e-mail
levels of government, as specified in directly to EPA, your e-mail address
Executive Order 13132 (64 FR 43255, will be automatically captured and
August 10, 1999), because it merely included as part of the public comment.
proposes to approve a state rule If EPA cannot read your comment due
implementing a Federal standard, and 40 CFR Parts 52 and 69 to technical difficulties and cannot
does not alter the relationship or the contact you for clarification, EPA may
distribution of power and [EPA–R09–OAR–2005–0506; FRL–8030–4] not be able to consider your comment.
responsibilities established in the Clean Docket: The index to the docket for
State Implementation Plan Revision
Air Act. This proposed rule also is not this action is available electronically at
and Alternate Permit Program;
subject to Executive Order 13045 (62 FR and in hard
Territory of Guam
19885, April 23, 1997), because it is not copy at EPA Region IX, 75 Hawthorne
economically significant. AGENCY: Environmental Protection Street, San Francisco, California. While
In reviewing SIP submissions, EPA’s Agency (EPA). all documents in the docket are listed in
role is to approve state choices, ACTION: Proposed rule. the index, some information may be
provided that they meet the criteria of publicly available only at the hard copy
the Clean Air Act. In this context, in the SUMMARY: EPA is proposing to grant full location (e.g., copyrighted material), and
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absence of a prior existing requirement approval for the Guam operating permit some may not be publicly available in
for the State to use voluntary consensus program regulations and an associated either location (e.g., CBI). To inspect the
standards (VCS), EPA has no authority State Implementation Plan (SIP) hard copy materials, please schedule an
to disapprove a SIP submission for revision submitted by the Territory of appointment during normal business
failure to use VCS. It would thus be Guam (Guam). These submittals correct hours with the contact listed in the FOR
inconsistent with applicable law for deficiencies identified in EPA’s direct FURTHER INFORMATION CONTACT section.

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