75902 Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Rules and Regulations 

Dated: November 21, 2013. 

A.J. Gould, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2013–29524 Filed 12–12–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0603; FRL–9904–12– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Philadelphia County 

Reasonably Available Control 

Technology Under the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving two State Implementation 

Plan (SIP) revisions for the 

Commonwealth of Pennsylvania. The 

SIP revisions consist of a demonstration 

that Philadelphia County is meeting the 

requirements of reasonably available 

control technology (RACT) of the Clean 

Air Act (CAA) for nitrogen oxides (NOX) 

and volatile organic compounds (VOC) 

under the 1997 8-hour ozone national 

ambient air quality standard (NAAQS). 

EPA’s conditional approval of 

Philadelphia County’s 1997 8-hour 

ozone RACT demonstration is based on 

Philadelphia County’s commitment to 

submit additional SIP revisions 

addressing source-specific RACT 

controls for major sources of VOC and 

NOX in the County. This action is being 

taken under the CAA. 

DATES: This final rule is effective on 

January 13, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0603. All 

documents in the electronic docket are 

listed in the www.regulations.gov Web 

page. Although listed in the index, 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 

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 Department of Public 

Health, Air Management Services, 321 

University Avenue, Philadelphia, 

Pennsylvania 19104. Copies are also 

available at Pennsylvania Department of 

Environmental Protection, Bureau of Air 

Quality Control, P.O. Box 8468, 400 

Market Street, Harrisburg, Pennsylvania 

17105. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 19, 2013 (78 FR 36716), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

NPR, EPA proposed conditional 

approval of Philadelphia County’s SIP 

revisions addressing the RACT 

requirements under the 1997 8-hour 

ozone NAAQS. The formal SIP revisions 

were submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP) on behalf of Philadelphia Air 

Management Services (AMS) on 

September 29, 2006 and June 22, 2010 

(hereafter the 2006 SIP revision and the 

2010 SIP revision, respectively). 

On November 29, 2005, EPA 

published an ozone implementation 

rule to address nonattainment SIP 

requirements for the 1997 8-hour ozone 

NAAQS (the Phase 2 Ozone 

Implementation Rule). See (70 FR 71612 

(November, 29, 2005). In the Phase 2 

Ozone Implementation Rule, EPA 

required that states meet the RACT 

requirements under the 1997 8-hour 

ozone NAAQS, either through a 

certification that previously adopted 

RACT controls in their SIP approved by 

EPA under the 1-hour ozone NAAQS 

continue to represent adequate RACT 

control levels for 8-hour ozone 

attainment purposes, or through the 

adoption of new or more stringent 

regulations that represent RACT control 

levels. See 70 FR 71655. 

However, the Court of Appeals for the 

District of Columbia Circuit 

subsequently held that a particular 

provision in the Phase 2 Ozone 

Implementation Rule, which allowed 

the NOX SIP call, a cap-and-trade 

program for NOX, to substitute as RACT 

for electric generating units (EGUs) for 

the 1997 ozone NAAQS, was 

inconsistent with the statutory 

requirements of section 172(c)(1) of the 

CAA and remanded that provision of 

the rule to EPA. See NRDC v. EPA, 571 

F.3d 1245 (D.C. Cir. 2009). Since the 

Philadelphia County 2006 SIP revision 

relies on the NOX SIP Call to meet the 

NOX RACT requirements for EGUs and 

it does not specifically and sufficiently 

address the source-specific RACT 

determinations for 46 major sources that 

were previously approved under the 1- 

hour ozone standard, EPA determined 

that it cannot proceed with the final 

approval of this SIP revision, as 

proposed on August 26, 2008 (73 FR 

50270) and on June 19, 2013 (78 FR 

36716), withdrew the August 26, 2008 

proposed rulemaking action to approve 

the 2006 SIP revision. 

II. Summary of SIP Revisions 

On September 29, 2006, PADEP 

submitted on behalf of AMS a SIP 

revision for Philadelphia County to 

meet the RACT requirements for the 

1997 8-hour ozone NAAQS. The 2006 

SIP revision consists of a RACT 

demonstration for Philadelphia County 

for NOX and VOC, and includes: (1) A 

certification that previously adopted 

RACT controls in Pennsylvania’s SIP 

that were approved by EPA for 

Philadelphia County under the 1-hour 

ozone NAAQS are based on the 

currently available technically and 

economically feasible controls and 

continue to represent RACT for the 8- 

hour implementation purposes; (2) the 

adoption of Federally enforceable 

permits that represent RACT control 

levels for four major VOC sources; and 

(3) a negative declaration that certain 

VOC sources do not exist in 

Philadelphia County. 

On June 22, 2010, PADEP submitted 

another SIP revision addressing 

Philadelphia County’s RACT 

requirements under the 1997 8-hour 

ozone standard. The 2010 SIP revision 

consists of: (1) The adoption of two 

regulations to meet control technique 

guideline (CTG) RACT requirements; 

and (2) a negative declaration for a 

particular CTG source category. The 

2010 SIP revision supersedes portions of 

the 2006 SIP revision addressing 

specific CTG RACT requirements. 

Finally, on April 26, 2013, PADEP 

submitted on behalf of AMS a letter 

committing to submit additional SIP 

revisions to address source-specific 

RACT controls under the 1997 8-hour 

ozone standard for Philadelphia County 

pursuant to section 110(k)(4) of the 

CAA. Additional details on the SIP 

revisions are included in the NPR and 

will not be restated here. No public 

comments were received on the NPR for 

this action. 


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Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Rules and Regulations 75903 

III. EPA’s Rationale for Conditional 

Approval 

In light of the DC Circuit decision in 

NRDC v. EPA regarding requirements in 

the Phase 2 Ozone Implementation 

Rule, EPA determined it could not 

approve the presumption in the 2006 

SIP submittal that the NOX SIP Call 

constitutes RACT for EGU sources in 

Philadelphia County. Thus, AMS needs 

to perform a NOX RACT analysis for 

EGUs as provided in the April 26, 2013 

commitment letter from PADEP for 

AMS. EPA also determined that the 

2006 SIP revision does not specifically 

and sufficiently address whether the 

source-specific RACT controls for 46 

major sources in Philadelphia County 

that were previously approved in the 

Pennsylvania SIP under the 1-hour 

ozone NAAQS continue to represent 

RACT for the 1997 8-hour ozone 

NAAQS. Therefore, to satisfy the major 

source RACT requirement for the 1997 

8-hour ozone NAAQS, AMS must 

either: (1) Provide a certification that 

previously adopted source-specific 

RACT controls approved by EPA in 

Pennsylvania’s SIP under the 1-hour 

ozone NAAQS for major sources in 

Philadelphia County (as listed in 40 

CFR 52.2020(d)(1)) continue to 

represent adequately RACT for the 1997 

8-hour ozone NAAQS; or (2) perform a 

source-specific RACT analysis for each 

source for which controls do not 

currently and adequately represent 

RACT for the 1997 8-hour ozone 

NAAQS. 

In this rulemaking action, EPA is 

conditionally approving Philadelphia 

County’s 1997 8-hour ozone RACT 

demonstration provided in the 2006 and 

2010 SIP revisions, based upon the 

commitment from AMS in the April 26, 

2013 letter from PADEP to submit 

additional SIP revisions to address the 

deficiencies in the current RACT 

demonstration for Philadelphia County. 

The SIP revisions, to be submitted by 

PADEP on behalf of AMS no later than 

twelve months from today’s final 

conditional approval, will address 

source-specific RACT determinations 

for the following major sources in 

Philadelphia County: (1) Exelon— 

Delaware Station; (2) Exelon— 

Richmond Station; (3) Exelon— 

Schuylkill Station; (4) Veolia—Edison 

Station (formerly Trigen- Edison 

Station); (5) Veolia—Schuylkill Station 

(formerly Trigen—Schuylkill Station); 

(6) Philadelphia Energy Solutions 

Refinery (formerly Sunoco Refinery); (7) 

Kraft Nabisco (formerly Nabisco Biscuit 

Company); (8) Temple University, 

Health Sciences Center; (9) GATX 

Terminals Corporation; and (10) 

Honeywell (formerly Sunoco Chemicals, 

Frankford Plant). The SIP revisions to be 

submitted will also include a 

certification that previously adopted 

source-specific RACT controls approved 

by EPA in Pennsylvania’s SIP for the 1- 

hour ozone NAAQS for the remaining 

sources in Philadelphia County 

continue to represent adequately RACT 

for the 1997 8-hour ozone NAAQS. 

IV. Final Action 

In this rulemaking action, EPA is 

conditionally approving Philadelphia 

County’s RACT demonstration under 

the 1997 8-hour ozone NAAQS, as 

provided in the 2006 and the 2010 SIP 

revisions. Pursuant to section 110(k)(4) 

of the CAA, this conditional approval is 

based upon the April 26, 2013 letter 

from PADEP for AMS committing to 

submit to EPA, no later than twelve 

months from today’s final conditional 

approval, additional SIP revisions to 

address the deficiencies in the current 

RACT demonstration for Philadelphia 

County. The SIP revisions will provide 

source-specific RACT determinations 

for 10 major sources of VOC and NOX

in Philadelphia County and a 

certification that previously adopted 

source-specific RACT controls approved 

by EPA in Pennsylvania’s SIP for the 1- 

hour ozone NAAQS for the remaining 

sources in Philadelphia County 

continue to adequately represent RACT 

for the 1997 8-hour ozone NAAQS. 

Once EPA has determined that AMS has 

satisfied this condition, EPA shall 

remove the conditional nature of this 

approval and Philadelphia County’s 

1997 8-hour ozone RACT demonstration 

will, at that time, receive a full approval 

status. Should AMS fail to meet the 

condition specified above, today’s final 

conditional approval of Philadelphia 

County’s 1997 8-hour ozone RACT 

demonstration will convert to a 

disapproval. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 


emcdonald on DSK67QTVN1PROD with RULES
75904 Federal Register / Vol. 78, No. 240 / Friday, December 13, 2013 / Rules and Regulations 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 11, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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. This action [add 

language that is unique to this action] 

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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: November 29, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

‘‘RACT under the 1997 8-hour ozone 

NAAQS’’ for Philadelphia County at the 

end of the table. The added text reads 

as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA Approval date Additional explanation 

*******

RACT under the 1997 8-hour 

ozone NAAQS.

Philadelphia County ............... 9/29/06 

6/22/10 

12/13/13 [Insert page number 

where the document begins].

Conditional approval. See 

§ 52.2023(l). 

■ 3. Section 52.2023 is amended by 

adding paragraph (l) to read as follows: 

§ 52.2023 Approval status. 

* * * * * 

(l) EPA conditionally approves 

Philadelphia County’s reasonably 

available control technology (RACT) 

demonstration under the 1997 8-hour 

ozone NAAQS, as provided in SIP 

revisions submitted on September 29, 

2006 and June 22, 2010. Pursuant to 

section 110(k)(4) of the CAA, this 

conditional approval is based upon an 

April 26, 2013 letter from Pennsylvania 

on behalf of Philadelphia County 

committing to submit to EPA, no later 

than twelve months from EPA’s final 

conditional approval, additional SIP 

revisions to address the deficiencies in 

the current RACT demonstration for 

Philadelphia County. The SIP revisions, 

to be submitted by Pennsylvania on 

behalf of Philadelphia County, will 

address source-specific RACT 

determinations for ten (10) major 

sources in Philadelphia County and will 

include a certification that previously 

adopted source-specific RACT controls 

approved by EPA in Pennsylvania’s SIP 

under the 1-hour ozone NAAQS for the 

remaining sources in Philadelphia 

County (as listed in 40 CFR 

52.2020(d)(1)) continue to adequately 

represent RACT for the 1997 8-hour 

ozone NAAQS. 

[FR Doc. 2013–29588 Filed 12–12–13; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK67QTVN1PROD with RULES