50270 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

request. Sources in Pennsylvania subject 

to PA Code Chapters 129.91 through 

129.95 are not to send their RACT plan 

proposals directly to EPA. Under the 

CAA, SIP revision submissions in their 

entirety must be submitted by the State 

requesting that the SIP be revised. EPA 

will consider only the materials 

formally submitted by DEP in its SIP 

revision request and any comments 

submitted during the public comment 

period provided by EPA on its proposed 

rule when determining its final action to 

approve or disapprove a source-specific 

SIP revision submitted by DEP pursuant 

to PA Code Chapters 129.91 through 

129.95. 

G. The SIP submission by DEP must 

not include any materials that are 

considered ‘‘confidential business 

information’’ in nature or entitled to any 

proprietary treatment. Moreover, the 

DEP plan approvals and permits cannot 

include conditions that cite to the 

source’s RACT Plan proposal where that 

proposal includes materials which the 

company has requested be treated as 

confidential and proprietary. No 

materials that are considered 

‘‘confidential business information’’ in 

nature or entitled to any proprietary 

treatment are to be included in a SIP 

revision submittal because the materials 

that constitute SIP revisions are 

required to be made available to the 

public by both the State and EPA. 

III. EPA’s Proposed Action 

EPA has previously removed the 

limited status of its approval of 

Pennsylvania’s SIP revisions that 

requires all major sources of VOC and 

NOX to implement RACT as it applies 

in the Pittsburgh and Philadelphia areas 

because EPA has approved all of the 

case-by-case RACT determinations for 

these areas. In this action, EPA is 

proposing to convert its limited 

approval of Pennsylvania’s RACT 

regulation to full approval as it applies 

in the remainder of the Commonwealth 

because EPA has approved all of the 

case-by-case RACT determinations 

submitted by DEP such that there are no 

longer any such submissions pending 

before EPA. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 Clean Air Act; 

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 proposed rule 

regarding Pennsylvania’s VOC and NOX

RACT regulations Chapters 129.91–

129.95 as they apply in the remainder 

of the Commonwealth of Pennsylvania 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the Pennsylvania SIP is not approved to 

apply in Indian country, and EPA, 

therefore, notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: August 14, 2008. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

[FR Doc. E8–19756 Filed 8–25–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0603; FRL–8708–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Philadelphia County 

Reasonably Available Control 

Technology Under the 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania. This 

SIP revision pertains to the 

requirements in meeting the reasonably 

available control technology (RACT) 

under the 8-hour ozone national 

ambient air quality standard (NAAQS). 

These requirements are based on the 

certification that previously adopted 

RACT controls in Pennsylvania’s SIP 

that were approved by EPA under the 1- 

hour ozone NAAQS are based on the 

currently available technically and 

economically feasible controls, and that 

they continue to represent RACT for the 

8-hour implementation purposes; the 

adoption of new or more stringent 

regulations that represent RACT control 

levels; and a negative declaration that 

certain categories of sources do not exist 

in Philadelphia County, Pennsylvania. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 25, 

2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R03–OAR–2008–0603 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0603, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 


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Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2008–

0603. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Linden, (215) 814–2096, or by 

e-mail at linden.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 25, 2006, the Pennsylvania 

Department of Environmental Protection 

submitted a revision for Philadelphia 

County to its SIP that addresses the 

requirements of RACT under the 8-hour 

ozone NAAQS. 

I. Background 

Ozone is formed in the atmosphere by 

photochemical reactions between 

volatile organic compounds (VOC), 

oxides of nitrogen (NOX) and carbon 

monoxide (CO) in the presence of 

sunlight. In order to reduce ozone 

concentrations in the ambient air, the 

CAA requires all nonattainment areas to 

apply control on VOC/NOX emission 

sources to achieve emission reductions. 

Among effective control measures, 

RACT controls are a major group for 

reducing VOC and NOX emissions from 

stationary sources. 

RACT is defined as the lowest 

emission limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility 

(44 FR 53761 at 53762, September 17, 

1979). Section 182 of the CAA sets forth 

two separate RACT requirements for 

ozone nonattainment areas. The first 

requirement, contained in section 

182(a)(2)(A) of the CAA, and referred to 

as RACT fix-up requires the correction 

of RACT rules for which EPA identified 

deficiencies before the CAA was 

amended in 1990. Philadelphia County 

has no deficiencies to correct under this 

section of the CAA. The second 

requirement, set forth in section 

182(b)(2) of the CAA, applies to 

moderate (or worse) ozone 

nonattainment area as well as to 

marginal and attainment areas in ozone 

transport regions (OTRs) established 

pursuant to section 184 of the CAA, and 

requires these areas to implement RACT 

controls on all major VOC and NOX

emission sources and on all sources and 

source categories covered by a control 

technique guideline (CTG) issued by 

EPA. 

Under the 1-hour ozone NAAQS, 

Philadelphia County was designated 

part of the Philadelphia-WilmingtonTrenton severe ozone nonattainment 

area located in an OTR. Therefore, the 

county was subject to RACT 

requirements under the 1-hour ozone 

standard. Pennsylvania has 

implemented numerous RACT controls 

throughout the Commonwealth to meet 

the CAA RACT requirements. These 

RACT controls were promulgated in the 

Philadelphia Air Management 

Regulations Part V and Pennsylvania’s 

Regulations in Title 25 Sections 129 and 

145. 

Under the 8-hour ozone NAAQS, 

Philadelphia County is part of the 

Philadelphia-Wilmington-Atlantic City 

moderate nonattainment area, and is 

therefore subject to the CAA 

requirements. Pennsylvania is required 

to submit to EPA a SIP revision that 

addresses how Philadelphia County 

meets the RACT requirements under the 

8-hour ozone standard. The entire 

Commonwealth of Pennsylvania is also 

part of the OTR established under 

section 184 of the CAA. 

EPA requires under the 8-hour ozone 

NAAQS that states meet the CAA RACT 

requirements, either through a 

certification that previously adopted 

RACT controls in their SIP revisions 

approved by EPA under the 1-hour 

ozone NAAQS represent adequate 

RACT control levels for 8-hour 

attainment purposes, or through the 

adoption of new or more stringent 

regulations that represent RACT control 

levels. A certification must be 

accompanied by appropriate supporting 

information such as consideration of 

information received during the public 

comment period and consideration of 

new data. This information may 

supplement existing RACT guidance 

documents that were developed for the 

1-hour standard, such that the State’s 

SIP accurately reflects RACTs for the 8- 

hour ozone standard based on the 

current availability of technically and 

economically feasible controls. 

Adoption of new RACT regulations will 

occur when states have new stationary 

sources not covered by existing RACT 

regulations, or when new data or 

technical information indicates that a 

previously adopted RACT measure does 

not represent a newly available RACT 

control level. Another 8-hour ozone 

NAAQS requirement for RACT is to 

submit a negative declaration that there 

are no CTG or non-CTG major sources 

of VOC and NOX emissions within 

Philadelphia County. 

II. Summary of SIP Revision 

Pennsylvania’s SIP revision contains 

the requirements of RACT set forth by 

the CAA under the 8-hour ozone 

NAAQS. Pennsylvania’s SIP revision 

satisfies the 8-hour RACT requirements 

through (1) certification that previously 

adopted RACT controls in 

Pennsylvania’s SIP that were approved 

by EPA under the 1-hour ozone NAAQS 

are based on the currently available 


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50272 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

technically and economically feasible 

controls, and continues to represent 

RACT for the 8-hour implementation 

purposes; (2) the adoption of federally 

enforceable permits that represent 

RACT control levels; and (3) a negative 

declaration that certain CTG or non-CTG 

major sources of VOC and NOX sources 

do not exist in Philadelphia County. 

VOC RACT Controls 

Philadelphia Air Management 

Regulations Part V and Pennsylvania 

Regulations Title 25 Section 129 

contains Philadelphia County’s VOC 

RACT controls that were implemented 

and approved in the Pennsylvania SIP 

under the 1-hour ozone NAAQS. Table 

1 lists Philadelphia County’s VOC 

RACT controls. 

TABLE 1—PHILADELPHIA COUNTY’S VOC RACT CONTROLS

RACT document basis Regulation Date published Federal Register 

citation 

CTG: Control of VOC Emissions from Petroleum Liquid Storage in 

External Floating Roof Tanks.

Air Management Regulations 

(AMR) V Section II.

05/31/1972 37 FR 10842 

PA Title 25 Section 129.56 .......... 07/26/2000 65 FR 45920 

PA Title 25 Section 129.57 .......... 01/19/1983 48 FR 2319 

CTG: Control of VOC Emissions from Storage of Petroleum Liquids 

in Fixed Roof Tanks.

AMR V Section II ..........................

PA Title 25 Section 129.56 ..........

05/31/1972 

07/26/2000 

37 FR 10842 

65 FR 45920 

PA Title 25 Section 129.57 .......... 01/19/1983 48 FR 2319 

CTG: Control of Refinery Vacuum Producing Systems, Wastewater 

Separators and Process Unit Turnarounds.

AMR V Section III .........................

PA Title 25 Section 129.55 ..........

05/31/1972 

01/19/1983 

37 FR 10842 

48 FR 2319 

CTG: Control of VOC Leaks from Petroleum Refinery Equipment ..... AMR V Section IV ........................

PA Title 25 Section 129.58 ..........

05/31/1972 

07/27/1984 

37 FR 10842 

49 FR 30183 

CTG: Control of Hydrocarbons from Tank Truck Gasoline Loading 

Terminals.

AMR V Section V .........................

PA Title 25 Section 129.59 ..........

05/31/1972 

08/11/1992 

37 FR 10842 

57 FR 35777 

PA Title 25 Section 129.62 .......... 12/22/1994 59 FR 65971 

CTG: Control of VOC Emissions from Bulk Gasoline Plants .............. PA Title 25 Section 129.60 .......... 08/11/1992 57 FR 35777

CTG: Control of VOC Leaks from Gasoline Tank Trucks and Vapor 

Collection Systems.

AMR V Section XIII ......................

PA Title 25 Section 129.62 ..........

04/06/1993 

12/22/1994 

58 FR 17778 

59 FR 65971 

CTG: Design Criteria for Stage I Vapor Control Systems—Gasoline 

Service Stations.

PA Title 25 Section 129.61 .......... 08/11/1992 57 FR 35777 

CTG: Control of VOC Emissions from Solvent Metal Cleaning .......... AMR V Section VI ........................ 05/31/1972 37 FR 10842 

PA Title 25 Section 129.63 .......... 01/16/2003 68 FR 2208 

Alternative Control Technology (ACT) Document—Halogenated Solvent Cleaners.PA Title 25 Section 129.63 .......... 01/16/2003 68 FR 2208 

CTG: Control of VOC from Use of Cutback Asphalt ........................... PA Title 25 Section 129.64 .......... 07/27/1984 49 FR 30183 

CTG: Control of VOC Emissions from Manufacture of Pneumatic 

Rubber Tires.

PA Title 25 Section 129.69 .......... 12/22/1994 59 FR 65971 

CTG: Control of VOC Emissions from Manufacture of Synthesized 

Pharmaceutical Products.

AMR V Section XII .......................

PA Title 25 Section 129.68 ..........

06/16/1993 

08/11/1992 

58 FR 33200 

57 FR 35777 

CTG: Control of VOC Emissions from Large Petroleum Dry Cleaners AMR V Section XI ........................ 04/12/1993 58 FR 19066 

CTG: Control of VOC Emissions from Existing Stationary Sources, 

Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks.

PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 

CTG: Control of VOC Emissions from Existing Stationary Sources, 

Volume III: Surface Coatings of Metal Furniture.

PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 

CTG: Control of VOC Emissions from Existing Stationary Sources, 

Volume IV: Surface Coating for Insulation of Magnet Wire.

PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 

CTG: Control of VOC Emissions from Existing Stationary Sources, 

Volume V: Surface Coating of Large Appliances.

PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 

CTG: Control of VOC Emissions from Existing Stationary Sources, 

Volume VI: Surface Coating of Miscellaneous Metal Parts and 

Products.

PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 

CTG: Control of VOC Emissions from Existing Stationary Sources, 

Volume VIII: Graphic Arts—Rotogravure and Flexography.

PA Title 25 Section 129.67 .......... 07/26/2000 65 FR 45920 

CTG: Control of VOC Emissions from Manufacture of High-Density 

Polyethylene, Polypropylene, and Polystrene Resins.

PA Title 25 Section 129.71 .......... 12/22/1994 59 FR 65971 

CTG: Control of VOC Fugitive Emissions from Synthetic Organic 

Chemical Polymer and Resin Manufacturing Equipment.

PA Title 25 Section 129.71 .......... 12/22/1994 59 FR 65971 

Non-CTG RACT: An industry-specific RACT determination (CAA 

Section 182(b)(2)(c)).

AMR V Section X .........................

PA Title 25 Section 129.72 ..........

06/16/1993 

12/22/1994 

58 FR 33192 

59 FR 65971 

PA Title 25 Section 129.91—

129.95.

07/20/2001 66 FR 37908 

CTG—Maximum Achievable Control Technology (MACT): Aerospace.PA Title 25 Section 129.73 .......... 06/25/2001 66 FR 33645 

CTG—MACT: Wood Furniture ............................................................. PA Title 25 Section 129.101—

129.107.

07/20/2001 66 FR 37908 

ACT: Automobile Body refinishing ....................................................... PA Title 25 Section 129.75 .......... 08/14/2000 65 FR 49501 

AMR V Section VII—processing 

of Photochemically Reactive 

Materials.

05/31/1972 37 FR 10842 

AMR V Section VIII—Architectural 

Coatings.

05/31/1972 37 FR 10842 


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TABLE 1—PHILADELPHIA COUNTY’S VOC RACT CONTROLS—Continued 

RACT document basis Regulation Date published Federal Register 

citation 

AMR V Section IX—Disposal of 

Solvents.

05/31/1972 37 FR 10842 

PA Title 25 Section 129.65—

Ethylene production plants.

11/14/2002 67 FR 68935 

AMR V Section I—Definitions ...... 06/16/1993 58 FR 33200 

PA Title 25 Section 129.51—General.06/25/2001 66 FR 33645 

Philadelphia Air Management 

Services (AMS) submitted a negative 

declaration demonstrating that no 

surface coating of flat wood paneling 

facilities exist in Philadelphia County. 

Philadelphia AMS submitted a list of 

federally enforceable permits for 

specific sources that are as stringent as 

the CTG guidance issued by EPA. These 

case-by-case RACT determinations are 

found in Table 2. 

TABLE 2—PHILADELPHIA COUNTY’S CASE-BY-CASE RACT DETERMINATIONS

RACT document basis Facility name Operating permit No. 

CTG: Control of Volatile Organic Equipment Leaks from 

Natural Gas/Gasoline Processing Plants.

Philadelphia Gas Works .................................................. V95–042. 

Sunoco Philadelphia Refinery ......................................... V95–038. 

CTG/ACT: Shipbuilding/Repair ......................................... Aker Philadelphia Shipyard ............................................. V01–006. 

CTG: Control of Volatile Organic Compound Emissions 

from Air Oxidation Processes in Synthetic Organic 

Chemical Manufacturing Industry.

Sunoco Chemicals .......................................................... V95–047. 

CTG: Control of Volatile Organic Compound Emissions 

from Reactor Processes and Distillation Operations 

Processes in the Synthetic Organic Chemical Manufacturing Industry.

Sunoco Chemicals .......................................................... V95–047. 

NOX RACT Controls 

Philadelphia Air Management 

Regulations Part VII and Pennsylvania 

Regulations Title 25 Sections 129 and 

145 list NOX RACT controls that were 

implemented and approved into the 

Pennsylvania SIP under the 1-hour 

ozone NAAQS. Table 3 lists 

Philadelphia County’s NOX RACT 

controls. 

TABLE 3—PHILADELPHIA COUNTY’S NOX RACT CONTROLS

RACT document basis Regulation Date published Federal Register 

citation 

AMR VII Section II—Fuel Burning Equipment ..................................... 01/14/1987 52 FR 1456 

AMR VII Section III—Nitric Acid Plants ............................................... 05/14/1973 38 FR 12696 

AMR VII Section IV—Emissions Monitoring ........................................ 05/14/1973 38 FR 12696 

NOX RACT, CAA Section 182 

(b)(2) and Section 182(f).

PA Title 25 Sections 129.91–129.95 ................................................... 07/20/2001 66 FR 37908 

NOX SIP Call ................................ PA Title 25 Sections 145.1–145.100 ................................................... 08/21/2001 66 FR 43795 

PA Title 25 Sections 145.111–145.113 ............................................... 07/14/2006 71 FR 40084 

PA Title 25 Sections 145.141–145.144 ............................................... 07/14/2006 71 FR 40084 

III. Proposed Action 

EPA is proposing to approve the 

Pennsylvania SIP revision for 

Philadelphia County that addresses the 

requirements of RACT under the 8-hour 

ozone NAAQS. Pennsylvania submitted 

this SIP revision on September 25, 2006. 

This SIP revision is based on a 

combination of (1) certification that 

previously adopted RACT controls in 

Pennsylvania’s SIP that were approved 

by EPA under the 1-hour ozone NAAQS 

are based on the currently available 

technically and economically feasible 

controls, and that they continue to 

represent RACT for the 8-hour 

implementation purposes; (2) the 

adoption of federally enforceable 

permits that represent RACT control 

levels; and (3) the negative declaration 

that there are no CTG or non-CTG major 

sources of VOC and NOX emissions 

within Philadelphia County. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 Clean Air Act. Accordingly, this 

action merely proposes to approve state 

law as meeting Federal requirements 

and does not impose additional 

requirements beyond those imposed by 


sroberts on PROD1PC76 with PROPOSALS
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state law. For that reason, this proposed 

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 proposed rule, 

pertaining to the Philadelphia County 

RACT under the 8-hour ozone NAAQS, 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: August 18, 2008. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

[FR Doc. E8–19753 Filed 8–25–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 88 

RIN 0991–AB48 

Ensuring That Department of Health 

and Human Services Funds Do Not 

Support Coercive or Discriminatory 

Policies or Practices In Violation of 

Federal Law 

AGENCY: Office of the Secretary, HHS. 

ACTION: Proposed rule. 

SUMMARY: The Department of Health and 

Human Services proposes to promulgate 

regulations to ensure that Department 

funds do not support morally coercive 

or discriminatory practices or policies 

in violation of federal law, pursuant to 

the Church Amendments (42 U.S.C. 

300a–7), Public Health Service (PHS) 

Act § 245 (42 U.S.C. 238n), and the 

Weldon Amendment (Consolidated 

Appropriations Act, 2008, Pub. L. 110–

161, § 508(d), 121 Stat. 1844, 2209). This 

notice of proposed rulemaking proposes 

to define certain key terms. 

Furthermore, in order to ensure that 

recipients of Department funds know 

about their legal obligations under these 

nondiscrimination provisions, the 

Department proposes to require written 

certification by certain recipients that 

they will comply with all three statutes, 

as applicable. 

DATES: Submit written or electronic 

comment on the regulations proposed 

by this document by September 25, 

2008. 

ADDRESSES: In commenting, please refer 

to ‘‘Provider Conscience Regulation’’. 

Because of staff and resource 

limitations, we cannot accept comments 

by facsimile (FAX) transmission. 

You may submit comments in one of 

four ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.Regulations.gov or via email to consciencecomment@hhs.gov. 

To submit electronic comments to 

http://www.Regulations.gov, go to the 

Web site and click on the link 

‘‘Comment or Submission’’ and enter 

the keywords ‘‘provider conscience’’. 

(Attachments should be in Microsoft 

Word, WordPerfect, or Excel; however, 

we prefer Microsoft Word.) 

2. By regular mail. You may mail 

written comments (one original and two 

copies) to the following address only: 

Office of Public Health and Science, 

Department of Health and Human 

Services, Attention: Brenda Destro, 

Hubert H. Humphrey Building, 200 

Independence Avenue, SW., Room 

728E, Washington, DC 20201. 

3. By express or overnight mail. You 

may send written comments (one 

original and two copies) to the following 

address only: Office of Public Health 

and Science, Department of Health and 

Human Services, Attention: Brenda 

Destro, Hubert H. Humphrey Building, 

200 Independence Avenue, SW., Room 

728E, Washington, DC 20201. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments (one original 

and two copies) before the close of the 

comment period to the following 

address: Room 728E, Hubert H. 

Humphrey Building, 200 Independence 

Avenue, SW., Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal Government Identification, 

commenters are encouraged to leave 

their comments in the mail drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain proof of 

filing by stamping in and retaining and 

extra copy of the documents being 

filed.) 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

Submitting Comments: We welcome 

comments from the public on all issues 

set forth in this proposed rule to assist 

us in fully considering issues and 

developing policies. For all comments 

submitted, you should specify the 

subject as ‘‘Provider Conscience 

Regulation’’. 

Inspection of Public Comments: All 

comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following Web 

site as soon as possible after they have 

been received: http:// 

www.Regulations.gov. Click on the link 

‘‘Comment or Submission’’ on that Web 

site to view public comments. 

Comments received timely will also 

be available for public inspection as 

they are received, generally beginning 

approximately 3 weeks after publication 

of a document, at the headquarters of 


sroberts on PROD1PC76 with PROPOSALS