[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Proposed Rules]
[Pages 50270-50274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19753]


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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.

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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: <a href="/cdn-cgi/l/email-protection#b1d7d4c3dfd0dfd5d4cb9fd2c3d8c2c5d8dfd0f1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="315754435f505f55544b1f5243584245585f50715441501f565e47">[email protected]</span></a>.
    C. Mail: EPA-R03-OAR-2008-0603, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency,

[[Page 50271]]

Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed 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 e-mail 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 <a href="/cdn-cgi/l/email-protection#234f4a4d47464d0d4e464f4a505042634653420d444c55"><span class="__cf_email__" data-cfemail="fc909592989992d2919990958f8f9dbc998c9dd29b938a">[email protected]</span></a>.

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 
(NO<INF>X</INF>) 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/NO<INF>X</INF> 
emission sources to achieve emission reductions. Among effective 
control measures, RACT controls are a major group for reducing VOC and 
NO<INF>X</INF> 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 NO<INF>X</INF> 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-Wilmington-Trenton 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 NO<INF>X</INF> 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

[[Page 50272]]

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 NO<INF>X</INF> 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     Air Management               05/31/1972  37 FR 10842
 Petroleum Liquid Storage in External   Regulations (AMR) V
 Floating Roof Tanks.                   Section II.
                                       PA Title 25 Section          07/26/2000  65 FR 45920
                                        129.56.
                                       PA Title 25 Section          01/19/1983  48 FR 2319
                                        129.57.
CTG: Control of VOC Emissions from     AMR V Section II.......      05/31/1972  37 FR 10842
 Storage of Petroleum Liquids in       PA Title 25 Section          07/26/2000  65 FR 45920
 Fixed Roof Tanks.                      129.56.
                                       PA Title 25 Section          01/19/1983  48 FR 2319
                                        129.57.
CTG: Control of Refinery Vacuum        AMR V Section III......      05/31/1972  37 FR 10842
 Producing Systems, Wastewater         PA Title 25 Section          01/19/1983  48 FR 2319
 Separators and Process Unit            129.55.
 Turnarounds.
CTG: Control of VOC Leaks from         AMR V Section IV.......      05/31/1972  37 FR 10842
 Petroleum Refinery Equipment.         PA Title 25 Section          07/27/1984  49 FR 30183
                                        129.58.
CTG: Control of Hydrocarbons from      AMR V Section V........      05/31/1972  37 FR 10842
 Tank Truck Gasoline Loading           PA Title 25 Section          08/11/1992  57 FR 35777
 Terminals.                             129.59.
                                       PA Title 25 Section          12/22/1994  59 FR 65971
                                        129.62.
CTG: Control of VOC Emissions from     PA Title 25 Section          08/11/1992  57 FR 35777
 Bulk Gasoline Plants.                  129.60.
CTG: Control of VOC Leaks from         AMR V Section XIII.....      04/06/1993  58 FR 17778
 Gasoline Tank Trucks and Vapor        PA Title 25 Section          12/22/1994  59 FR 65971
 Collection Systems.                    129.62.
CTG: Design Criteria for Stage I       PA Title 25 Section          08/11/1992  57 FR 35777
 Vapor Control Systems--Gasoline        129.61.
 Service Stations.
CTG: Control of VOC Emissions from     AMR V Section VI.......      05/31/1972  37 FR 10842
 Solvent Metal Cleaning.
                                       PA Title 25 Section          01/16/2003  68 FR 2208
                                        129.63.
Alternative Control Technology (ACT)   PA Title 25 Section          01/16/2003  68 FR 2208
 Document--Halogenated Solvent          129.63.
 Cleaners.
CTG: Control of VOC from Use of        PA Title 25 Section          07/27/1984  49 FR 30183
 Cutback Asphalt.                       129.64.
CTG: Control of VOC Emissions from     PA Title 25 Section          12/22/1994  59 FR 65971
 Manufacture of Pneumatic Rubber        129.69.
 Tires.
CTG: Control of VOC Emissions from     AMR V Section XII......      06/16/1993  58 FR 33200
 Manufacture of Synthesized            PA Title 25 Section          08/11/1992  57 FR 35777
 Pharmaceutical Products.               129.68.
CTG: Control of VOC Emissions from     AMR V Section XI.......      04/12/1993  58 FR 19066
 Large Petroleum Dry Cleaners.
CTG: Control of VOC Emissions from     PA Title 25 Section          07/20/2001  66 FR 37908
 Existing Stationary Sources, Volume    129.52.
 II: Surface Coating of Cans, Coils,
 Paper, Fabrics, Automobiles, and
 Light-Duty Trucks.
CTG: Control of VOC Emissions from     PA Title 25 Section          07/20/2001  66 FR 37908
 Existing Stationary Sources, Volume    129.52.
 III: Surface Coatings of Metal
 Furniture.
CTG: Control of VOC Emissions from     PA Title 25 Section          07/20/2001  66 FR 37908
 Existing Stationary Sources, Volume    129.52.
 IV: Surface Coating for Insulation
 of Magnet Wire.
CTG: Control of VOC Emissions from     PA Title 25 Section          07/20/2001  66 FR 37908
 Existing Stationary Sources, Volume    129.52.
 V: Surface Coating of Large
 Appliances.
CTG: Control of VOC Emissions from     PA Title 25 Section          07/20/2001  66 FR 37908
 Existing Stationary Sources, Volume    129.52.
 VI: Surface Coating of Miscellaneous
 Metal Parts and Products.
CTG: Control of VOC Emissions from     PA Title 25 Section          07/26/2000  65 FR 45920
 Existing Stationary Sources, Volume    129.67.
 VIII: Graphic Arts--Rotogravure and
 Flexography.
CTG: Control of VOC Emissions from     PA Title 25 Section          12/22/1994  59 FR 65971
 Manufacture of High-Density            129.71.
 Polyethylene, Polypropylene, and
 Polystrene Resins.
CTG: Control of VOC Fugitive           PA Title 25 Section          12/22/1994  59 FR 65971
 Emissions from Synthetic Organic       129.71.
 Chemical Polymer and Resin
 Manufacturing Equipment.
Non-CTG RACT: An industry-specific     AMR V Section X........      06/16/1993  58 FR 33192
 RACT determination (CAA Section       PA Title 25 Section          12/22/1994  59 FR 65971
 182(b)(2)(c)).                         129.72.
                                       PA Title 25 Section          07/20/2001  66 FR 37908
                                        129.91--129.95.
CTG--Maximum Achievable Control        PA Title 25 Section          06/25/2001  66 FR 33645
 Technology (MACT): Aerospace.          129.73.
CTG--MACT: Wood Furniture............  PA Title 25 Section          07/20/2001  66 FR 37908
                                        129.101--129.107.
ACT: Automobile Body refinishing.....  PA Title 25 Section          08/14/2000  65 FR 49501
                                        129.75.
                                       AMR V Section VII--          05/31/1972  37 FR 10842
                                        processing of
                                        Photochemically
                                        Reactive Materials.
                                       AMR V Section VIII--         05/31/1972  37 FR 10842
                                        Architectural Coatings.

[[Page 50273]]

 
                                       AMR V Section IX--           05/31/1972  37 FR 10842
                                        Disposal of Solvents.
                                       PA Title 25 Section          11/14/2002  67 FR 68935
                                        129.65--Ethylene
                                        production plants.
                                       AMR V Section I--            06/16/1993  58 FR 33200
                                        Definitions.
                                       PA Title 25 Section          06/25/2001  66 FR 33645
                                        129.51--General.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                        Operating permit
      RACT document basis            Facility name             No.
------------------------------------------------------------------------
CTG: Control of Volatile        Philadelphia Gas Works  V95-042.
 Organic Equipment Leaks from
 Natural Gas/Gasoline
 Processing Plants.
                                Sunoco Philadelphia     V95-038.
                                 Refinery.
CTG/ACT: Shipbuilding/Repair..  Aker Philadelphia       V01-006.
                                 Shipyard.
CTG: Control of Volatile        Sunoco Chemicals......  V95-047.
 Organic Compound Emissions
 from Air Oxidation Processes
 in Synthetic Organic Chemical
 Manufacturing Industry.
CTG: Control of Volatile        Sunoco Chemicals......  V95-047.
 Organic Compound Emissions
 from Reactor Processes and
 Distillation Operations
 Processes in the Synthetic
 Organic Chemical
 Manufacturing Industry.
------------------------------------------------------------------------

NO<INF>X</INF> RACT Controls

    Philadelphia Air Management Regulations Part VII and Pennsylvania 
Regulations Title 25 Sections 129 and 145 list NO<INF>X</INF> RACT 
controls that were implemented and approved into the Pennsylvania SIP 
under the 1-hour ozone NAAQS. Table 3 lists Philadelphia County's 
NO<INF>X</INF> RACT controls.

                                Table 3--Philadelphia County's NOX RACT Controls
----------------------------------------------------------------------------------------------------------------
        RACT document basis                   Regulation          Date published     Federal Register citation
----------------------------------------------------------------------------------------------------------------
                                     AMR VII Section II--Fuel         01/14/1987  52 FR 1456
                                      Burning Equipment.
                                     AMR VII Section III--Nitric      05/14/1973  38 FR 12696
                                      Acid Plants.
                                     AMR VII Section IV--             05/14/1973  38 FR 12696
                                      Emissions Monitoring.
NOX RACT, CAA Section 182 (b)(2)     PA Title 25 Sections 129.91-     07/20/2001  66 FR 37908
 and Section 182(f).                  129.95.
NOX SIP Call.......................  PA Title 25 Sections 145.1-      08/21/2001  66 FR 43795
                                      145.100.
                                     PA Title 25 Sections             07/14/2006  71 FR 40084
                                      145.111-145.113.
                                     PA Title 25 Sections             07/14/2006  71 FR 40084
                                      145.141-145.144.
----------------------------------------------------------------------------------------------------------------

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 NO<INF>X</INF> 
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

[[Page 50274]]

state law. For that reason, this proposed action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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