
[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[
Proposed Rules]               
[Page 50270-50274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-25]                         

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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: 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,



[[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 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-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 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



[[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 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     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.

------------------------------------------------------------------------



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

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        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 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



[[Page 50274]]



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
