Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50267 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

Executive Order 13132—Federalism 

This rule does not have federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA. Section 503(a)(7) requires that 

State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federally 

recognized Indian Tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes. 

The rule does not involve or affect 

Indian Tribes in any way. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), of the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded Mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: August 6, 2008. 

Richard Holbrook, 

Acting Regional Director, Western Region. 

[FR Doc. E8–19712 Filed 8–25–08; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2006–0379; FRL–8708–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Commonwealth of Pennsylvania; 

Reasonably Available Control 

Technology Requirements for Volatile 

Organic Compounds and Nitrogen 

Oxides 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to remove 

the limited status of its approval of the 

Commonwealth of Pennsylvania’s State 

Implementation Plan (SIP) revision that 

requires all major sources of volatile 

organic compounds (VOC) and nitrogen 

oxides (NOX) to implement reasonably 

available control technology (RACT). 

EPA is proposing to convert its limited 

approval of Pennsylvania’s VOC and 

NOX RACT regulations to full approval 

because EPA has approved all of the 

case-by-case RACT determinations that 

had been submitted by Pennsylvania 

such that there are no longer any such 

submissions pending before EPA. In 

prior final rules, EPA has fully approved 

Pennsylvania’s VOC and NOX RACT 

regulations for the Pennsylvania portion 

of the Philadelphia-Wilmington-Trenton 

area, and for the Pittsburgh-Beaver 

Valley area. EPA previously proposed to 

convert its limited approval of 

Pennsylvania’s VOC and NOX RACT 

regulations as they apply in the 

remainder of the Commonwealth to full 

approval. EPA is withdrawing that 

proposal and is now reproposing 

approval. This action is being taken 

under the Clean Air Act (CAA or the 

Act). 

DATES: Written comments must be 

received on or before September 25, 

2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–


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50268 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

R03–OAR–2006–0379 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2006–0379, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

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–2006–

0379. 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. providing 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 Pennsylvania 

Department of Environmental Resources 

Bureau of Air Quality Control, P.O. Box 

8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Marcia Spink, (215) 814–2104, or by email at spink.marcia@epa.gov. 

I. Background 

Pursuant to sections 182(b) and 182(f) 

of the CAA, the Commonwealth of 

Pennsylvania (Pennsylvania) is required 

to establish and implement RACT for all 

major VOC and NOX sources. SIP 

revisions imposing RACT for three 

classes of VOC sources are required 

under section 182(b)(2). The categories 

are all sources covered by a Control 

Technique Guideline (CTG) document 

issued between November 15, 1990 and 

the date of 1-hour ozone attainment; all 

sources covered by a CTG issued prior 

to November 15, 1990; and all other 

major non-CTG sources. Section 182(f) 

provides that the planning requirements 

applicable to major stationary sources of 

VOCs in other provisions in part D, 

subpart 2 (including section 182) apply 

to major stationary sources of NOX. 

The Pennsylvania SIP already 

includes approved RACT regulations for 

sources and source categories of VOCs 

covered by the CTGs as required by 

section 182(b)(2)(A) and (B). Regulations 

requiring RACT for all major sources of 

VOC and NOX were to be submitted to 

EPA as SIP revisions by November 1992 

and compliance required by May of 

1995. On February 4, 1994, the 

Pennsylvania Department of 

Environmental Protection (DEP) 

submitted a revision to the 

Pennsylvania SIP, consisting of 25 PA 

Code Chapters 129.91 through 129.95, to 

require major sources of NOX and 

additional major sources of VOC 

emissions not covered by a CTG (nonCTG sources) to implement RACT. The 

February 4, 1994 submittal was 

amended on May 3, 1994 to correct and 

clarify certain presumptive NOX RACT 

requirements under Chapter 129.93. As 

described in more detail, below, EPA 

granted conditional limited approval of 

25 PA Code Chapters 129.91 through 

129.95 on March 23, 1998 (63 FR 

13789), and removed the conditional 

aspect of the approval on May 3, 2001 

(66 FR 22123). 

Under section 184 of the CAA, RACT 

as specified in sections 182(b)(2) and 

182(f) applies throughout the Ozone 

Transport Region (OTR). The entire 

Commonwealth is located within the 

OTR. Therefore, RACT is applicable 

statewide in Pennsylvania. The major 

source size generally is determined by 

the classification of the area in which 

the source is located. However, for areas 

located in the OTR, the major source 

size for stationary sources of VOCs is 50 

tons per year (tpy) unless the area’s 

classification prescribes a lower major 

source threshold. The RACT regulations 

contain technology-based or operational 

‘‘presumptive RACT emission 

limitations’’ for certain major NOX

sources. For other major NOX sources, 

and all major non-CTG VOC sources 

(not otherwise already subject to RACT 

pursuant to a source category regulation 

under the Pennsylvania SIP), the 

regulations contain a ‘‘generic’’ RACT 

provision. A generic RACT regulation is 

one that does not, itself, specifically 

define RACT for a source or source 

categories, but instead allows for caseby-case RACT determinations. The 

generic provisions of Pennsylvania’s 

regulations allow for DEP to make caseby-case RACT determinations that are 

then to be submitted to EPA as revisions 

to the Pennsylvania SIP. 

On March 23, 1998 (63 FR 13789), 

EPA granted conditional limited 

approval of 25 PA Code Chapters 129.91 

through 129.95, which require all major 

sources of NOX and non-CTG sources to 

implement RACT, as a revision to the 

Pennsylvania SIP. This approval was 

granted on the condition that 

Pennsylvania must, by no later than 

April 22, 1999 certify that (1) it had 

submitted case-by-case RACT proposals 

for all sources subject to the RACT 

requirements of 25 PA Code Chapters 

129.91 through 129.95 currently known 

to DEP, or (2) demonstrate that the 

emissions from any remaining subject 

sources represented a de minimis level 

of emissions as defined in the 

rulemaking document. 

On April 22, 1999, the DEP submitted 

a letter certifying that it had met the 

terms and conditions imposed by EPA 

in its March 23, 1998 (63 FR 13789) 

conditional limited approval of its VOC 

and NOX RACT regulation by 

submitting the case-by-case VOC/NOX

RACT determinations as SIP revisions 

in accordance with EPA’s conditional 

limited approval. EPA concurred that 

Pennsylvania’s April 22, 1999 

certification satisfied the condition 

imposed in its conditional limited 

approval published on March 23, 1998 


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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50269 

(63 FR 13789), and published a direct 

final rulemaking (May 3, 2001, 66 FR 

22123) removing the conditional status 

of its approval of 25 PA Code Chapters 

129.91 through 129.95 as a revision to 

the Commonwealth’s SIP. That final 

rule became effective on June 18, 2001. 

The SIP revision consisting of 25 PA 

Code Chapters 129.91 through 129.95 

retained a limited approval status on the 

basis that it strengthened the 

Pennsylvania SIP. Conversion from 

limited to full approval would occur 

when EPA had approved all of the caseby-case RACT determinations submitted 

by DEP as SIP revisions. 

On October 16, 2001 (66 FR 52533), 

EPA published a final rulemaking for 

the Commonwealth removing the 

limited status of its approval of 25 PA 

Code Chapters 129.91 through 129.95 as 

it applied in the Pittsburgh-Beaver 

Valley ozone nonattainment area 

(Allegheny, Armstrong, Beaver, Butler, 

Fayette, Washington, and Westmoreland 

counties), because EPA had approved 

all of the case-by-case RACT 

determinations submitted by DEP for 

affected major sources of NOX and/or 

VOC sources located in the area. In so 

doing, EPA converted its limited 

approval of 25 PA Code Chapters 129.91 

through 129.95 to full approval as it 

applied to that area. That rulemaking 

became effective on November 15, 2001. 

On October 30, 2001 (66 FR 54698), EPA 

published a final rulemaking for the 

Commonwealth removing the limited 

status of its approval of 25 PA Code 

Chapters 129.91 through 129.95 as it 

applied in the Pennsylvania portion of 

the Philadelphia-Wilmington-Trenton 

ozone nonattainment area (Bucks, 

Chester, Delaware, Montgomery, and 

Philadelphia counties) because EPA had 

approved all of the case-by-case RACT 

determinations submitted by DEP for 

affected major sources of NOX and/or 

VOC sources located in the area. In so 

doing, EPA converted its limited 

approval of 25 PA Code Chapters 129.91 

through 129.95 to full approval as it 

applied to that area. That rulemaking 

became effective on November 29, 2001. 

On June 16, 2006 (71 FR 34864), EPA 

published a proposed rule to convert its 

limited approval of 25 PA Code 

Chapters 129.91 through 129.95 as they 

apply in the remainder of the 

Commonwealth to full approval. No 

public comments were submitted to 

EPA on the June 16, 2006 proposed 

action. Given the length of time that has 

passed since that proposed action, and 

to clarify that any future RACT 

determinations made by the DEP must 

still be submitted as SIP revisions once 

25 PA Code Chapters 129.91 through 

129.95 are fully approved, EPA is 

withdrawing that proposal and is now 

re-proposing to convert its limited 

approval of 25 PA Code Chapters 129.91 

through 129.95 to full approval as those 

RACT regulations apply in the 

remainder of the Commonwealth. 

II. Future Submissions of Case-by-Case 

RACT Determinations 

The DEP has submitted and EPA has 

approved as SIP revisions case-by-case 

RACT determinations for nearly 600 

non-CTG and NOX sources in 

Pennsylvania pursuant to Pennsylvania 

regulations Chapters 129.91–129.95. 

(See 40 CFR 52.2020(d) for the list of 

sources.) As stated previously, there are 

no source-specific RACT determination 

submissions from DEP currently 

pending before EPA. In the future, 

should DEP find it necessary to issue 

any additional or revised source-specific 

RACT determinations in plan approvals 

and/or permits pursuant to the fully 

approved Pennsylvania regulations 

Chapters 129.91–95 of the Pennsylvania 

SIP, those RACT determinations must 

still be submitted to EPA for approval as 

source-specific SIP revisions. In order 

for EPA to consider such submissions 

for approval, the DEP must ensure that: 

A. The sources are not subject to any 

CTGs or Alternative Control Techniques 

(ACTs) issued by EPA for which 

Pennsylvania has adopted or is due to 

adopt state-wide regulations for 

approval as SIP revisions. Such sources 

should be subject to any applicable CTG 

or ACT regulation. In addition to the 

CTG documents issued between 

November 15, 1990 and the date of 1- 

hour ozone attainment, and the CTG 

documents issued prior to November 15, 

1990; EPA issued CTG and ACT 

documents in 2006 and 2007. EPA is 

also due to issue additional control 

technique documents by September 

2008. Pennsylvania is required to adopt 

statewide RACT regulations pursuant to 

these control technique documents and 

is mandated a schedule for doing so. A 

source in the Commonwealth that has 

been considered a non-CTG source may 

no longer be so defined if their source 

category is covered by the 2006, 2007, 

or 2008 CTGs or ACTs. At the time DEP 

adopts statewide RACT regulations 

pursuant to the 2006, 2007, and 2008 

CTGs and ACTs, it must address the 

applicability of those RACT regulations 

to sources previously considered nonCTG sources under regulations 129.91–

129.95. 

B. The RACT Plan approvals and/or 

RACT permits do not relax any 

previously SIP approved source-specific 

RACT approved for the source(s). Any 

request by such sources to modify 

(relax) their emission rates, equipments 

standards, work practice standards, or 

conditions on the type or amount of 

materials/fuels combusted or processed; 

or to seek relief from their daily, 

monthly and/or annual emission caps 

would not be approvable as RACT in 

2008 or beyond. When such sources 

seek relief with the operating conditions 

imposed in their SIP approved RACT 

plan approvals or RACT permits 

because they have modified to add 

additional emission units, or need to 

increase operation in light of marketbased demand for their products; RACT 

needs to be re-assessed, re-determined 

and potentially made more stringent not 

less stringent. 

C. The RACT determination is not to 

be simply based upon an arbitrary dollar 

per ton figure in a state guidance 

document that is neither SIP-approved 

nor approvable by EPA. The very nature 

of a non-CTG and/or source-specific 

alternative RACT makes any ‘‘one size 

fits all’’ dollar per ton figure 

inappropriate when determining and 

imposing RACT. 

D. The RACT plan approval or RACT 

permit has no expiration date. No 

regulation, plan approval or permit 

submitted for approval as a SIP revision 

to be incorporated by reference and 

made part of a SIP may have an 

expiration or sunset provision. By 

federal statute, a state is responsible to 

implement and enforce all provisions of 

its approved SIP at all times. 

E. Any RACT plan approvals’ or 

RACT permits’ redactions must be done 

in such a way as to be able to read the 

redacted text. When a plan approval or 

permit is issued by DEP to a source, it 

may impose additional requirements or 

conditions completely unrelated to the 

RACT requirements for NOX and/or 

VOCs. In those instances, DEP may 

submit the plan approval or permit as a 

SIP revision with those portions of the 

plan approval or permit redacted. Those 

redactions must be done in such a way 

as to be able to read the redacted text. 

This is necessary to ensure that the 

redacted language is not contrary to the 

portions being submitted for approval as 

RACT, does not render the RACT 

portions less stringent, does not remove 

or make less stringent any conditions 

related to enforcement of RACT, or 

make the RACT requirements subject to 

change without a SIP revision. 

F. When requesting that a RACT plan 

approval or RACT permit be approved 

asSIP revision, the DEP’s formal SIP 

revision submission must include a 

signed/dated technical support 

document or memorandum prepared by 

DEP in support of its RACT 

determination and the SIP revision 


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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, 


sroberts on PROD1PC76 with PROPOSALS