[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Proposed Rules]
[Pages 44798-44801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18433]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0082 FRL-9998-91-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Philadelphia County Reasonable Available Control 
Technology for the 2008 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Pennsylvania Department of Environmental Protection (PADEP) on behalf 
of the City of Philadelphia, Department of Public Health, Air 
Management Services (AMS) for the purpose of satisfying the volatile 
organic compound (VOC) reasonably available control technology (RACT) 
requirements for source categories covered by control technique 
guidelines (CTGs) under the 2008 8-hour ozone national ambient air 
quality standard (NAAQS). The Commonwealth of Pennsylvania will address 
RACT for major stationary sources of VOCs and oxides of nitrogen 
(NOX) for Philadelphia County in future SIP submissions. 
This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 26, 
2019.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2019-0082 at https://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e.

[[Page 44799]]

on the web, cloud, or other file sharing system). For additional 
submission methods, please contact the person identified in the For 
Further Information Contact section. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, Air Quality Analysis 
Branch (3AD40), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-5676. Ms. Gaige can also be reached 
via electronic mail at gaige.elizabeth@epa.gov.

SUPPLEMENTARY INFORMATION: On August 13, 2018, PADEP submitted, on 
behalf of the Philadelphia AMS, a SIP revision addressing the VOC CTG 
RACT requirements set forth by the CAA for the 2008 8-hour ozone NAAQS 
for Philadelphia County (the 2018 VOC CTG RACT Submission for 
Philadelphia County). This revision to Philadelphia County's portion of 
the SIP addresses the RACT requirements for sources of VOC emissions 
within Philadelphia covered by a CTG issued by EPA, in accord with 
Sections 172(c)(1), 182(b)(2)(A) and (B), and 184(b)(l)(B) of the CAA 
(42 U.S.C. 7502(c)(1), 7511a(b)(2)(A) and (B), and 7511c(b)(l)(B)) and 
the implementing regulations for the 2008 Ozone NAAQS (80 FR 12264; 
March 6, 2015; 40 CFR part 51, subpart AA), in order to help 
Philadelphia County attain the 2008 ozone NAAQS. The SIP revision 
received on August 13, 2018 contained errors with respect to the 
Federal Register citations and approval dates for certain CTG VOC 
source categories in Table 1 of the submission. Other CTG VOC source 
categories were promulgated or otherwise revised since the 2008 Ozone 
RACT SIP Revision was forwarded to U.S. EPA Region 3. Table 2 of the 
submission could have been interpreted as including a negative 
declaration for EPA's 2016 Oil and Gas CTG instead of only EPA's 1983 
Oil and Gas CTG. Accordingly, AMS sent, through PADEP, a clarification 
letter with updated versions of Tables 1 and 2 of the 2008 Ozone RACT 
SIP Revision to reference current citations and approval dates for all 
applicable CTG VOC categories. The corrected version of Tables 1 and 2 
were attached to a June 28, 2019 letter sent by AMS, through PADEP, to 
EPA. EPA received an updated submission from PADEP on July 26, 2019. 
Both submissions can be found in the docket.

I. Background

A. General

    Ozone is formed in the atmosphere by photochemical reactions 
between VOCs and NOX in the presence of sunlight. In order 
to reduce ozone concentrations, the CAA requires control of VOC and 
NOX emission sources to achieve emission reductions in areas 
designated as nonattainment for ozone. Among effective control 
measures, RACT controls significantly reduce VOC and NOX 
emissions from major stationary sources. Philadelphia County is part of 
the Philadelphia-Wilmington-Atlantic City ozone nonattainment area 
(NAA) and was designated marginal nonattainment under the 2008 8-hour 
ozone NAAQS. SIPs for NAAs are subject to the general nonattainment 
requirements in title 1, part D, subpart 1, and the additional 
requirements for ozone nonattainment areas in part D, subpart 2.
    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.\1\ CAA section 172(c)(1) provides that SIPs for 
nonattainment areas must include reasonably available control measures 
(RACM) for attainment of the NAAQS, including emissions reductions from 
existing sources through adoption of RACT. A major source in a 
nonattainment area is defined as any stationary source that emits or 
has the potential to emit NOX or VOC emissions above a 
certain applicability threshold that is based on the ozone 
nonattainment classification of the area: Marginal, Moderate, Serious, 
or Severe. See definition of ``major stationary source'' in CAA 
sections 182 (c), (d) and (e), 182(f), and 302. CAA sections 182(b)(2) 
and 182(f)(1) require states with moderate (or worse) ozone 
nonattainment areas to implement RACT controls on all stationary 
sources and source categories covered by a CTG document issued by EPA 
(section 182(b)(A), (B)), and on all major stationary sources of VOC 
and NOX emissions located in the area (section 182(b)(2)(C) 
and 182(f)(1)).\2\ EPA's CTGs establish presumptive RACT control 
requirements for various VOC source categories. The CTGs typically 
identify a particular control level that EPA recommends as being RACT. 
In some cases, EPA has issued Alternative Control Techniques guidelines 
(ACTs), primarily for NOX source categories, which in 
contrast to the CTGs, only present a range for possible control options 
but do not identify any particular option as the presumptive norm for 
what is RACT. CAA section 183(c) requires EPA to revise and update CTGs 
and ACTs as the Administrator determines necessary. EPA issued 11 new 
CTGs from 2006 through 2008 for a total of 44 CTGs issued since 
November 1990. States with ozone nonattainment areas are required to 
implement RACT for the source categories covered by CTGs through the 
SIP. Source categories that are not covered by the CTGs are termed non-
CTG sources. The non-CTG sources in Philadelphia County are not covered 
by this SIP revision.
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    \1\ See December 9, 1976 memorandum from Roger Strelow, 
Assistant Administrator for Air and Waste Management, to Regional 
Administrators, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas.'' See also 44 FR 53761, 53762 
(September 17, 1979).
    \2\ As stated in this rulemaking action, this SIP is only 
addressing sources subject to CTGs issued by EPA and is not 
addressing major sources of VOC or NOX that are not 
subject to CTGs.
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    In addition to the requirements of section 182, CAA section 184(a) 
established a single ozone transport region (OTR), comprising all or 
part of 12 eastern states and the District of Columbia, and required 
that additional measures be taken in OTR states to reduce ozone. The 
entire Commonwealth of Pennsylvania, including Philadelphia County, is 
part of the OTR and, therefore, must also comply with the additional 
RACT requirements in CAA section 184(b)(1)(B) and (2). Only section 
184(b)(1)(B) is relevant to this particular SIP revision because it 
requires the implementation of RACT in OTR states for all sources of 
VOC covered by a CTG, regardless of whether the VOC source is in a 
nonattainment area.\3\ Because the Philadelphia-Wilmington-Atlantic 
City Area is designated as marginal nonattainment, the requirement to 
adopt RACT on all sources covered by a CTG would not apply in 
Philadelphia County without the additional OTR requirement in section 
184(b)(1)(B).
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    \3\ Section 184(b)(2) requires that major sources of VOC and 
NOX in attainment areas in OTR states also comply with 
the requirements of section 182(b)(2) for moderate nonattainment 
areas. This SIP revision only addresses VOC sources subject to CTGs 
in Philadelphia County, so the section 184(b)(2) requirements are 
not discussed in the proposal.
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B. Philadelphia County, Pennsylvania's Ozone RACT History

    Philadelphia County, Pennsylvania has been subject to the CAA RACT

[[Page 44800]]

requirements because of previous ozone nonattainment designations. The 
Philadelphia-Wilmington-Atlantic City Area (which includes Philadelphia 
County) was designated as a severe 1-hour ozone NAA. Philadelphia 
County has implemented numerous RACT controls throughout the County to 
meet the CAA's RACT requirements under the 1-hour ozone standard.
    Under the 1997 8-hour ozone NAAQS, the Philadelphia-Wilmington-
Atlantic City Area (which includes Philadelphia County) was designated 
as a moderate nonattainment area. See 69 FR 23858, 23931 (April 30, 
2004). As a result, Philadelphia County continued to be subject to the 
CAA RACT requirements. Philadelphia County revised and promulgated its 
RACT regulations and demonstrated that it complied with the 1997 CAA 
RACT requirements in a SIP revision approved by EPA on June 15, 2016 
(81 FR 38992).
    Under CAA section 109(d), EPA is required to periodically review 
and promulgate, as necessary, revisions to the NAAQS to continue to 
protect human health and the environment. On March 27, 2008, EPA 
revised the 1997 8-hour ozone standard by lowering the 8-hour standard 
to 0.075 parts per million (ppm) level (73 FR 16436). On May 21, 2012, 
EPA finalized attainment/nonattainment designations for the 2008 8-hour 
ozone NAAQS (77 FR 30087). Under the 2008 8-hour ozone standard, EPA 
designated Philadelphia County, which remained part of the larger 
Philadelphia-Wilmington-Atlantic City Area, as marginal nonattainment. 
However, the entire Commonwealth of Pennsylvania is in the OTR, so 
pursuant to CAA section 184(b)(1)(B), it is required to address certain 
CAA RACT requirements by submitting to EPA a SIP revision demonstrating 
that it implements RACT on all VOC sources in Pennsylvania covered by a 
CTG.\4\
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    \4\ Because this SIP revision only addresses RACT for sources 
covered by CTGs in Philadelphia County, the other requirements 
applicable to major NOX or VOC sources in OTR states will 
not be discussed.
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C. EPA Guidance and Requirements

    EPA has provided more substantive RACT requirements through final 
implementation rules for each ozone NAAQS, as well as guidance. On 
March 6, 2015, EPA issued its final rule for implementing the 2008 8-
hour ozone NAAQS (the 2008 Ozone Implementation Rule). See 80 FR 12264. 
This rule addressed, among other things, control and planning 
obligations as they apply to nonattainment areas under the 2008 8-hour 
ozone NAAQS, including RACT and RACM. In this rule, EPA specifically 
required that states meet the RACT requirements either (1) through a 
certification that previously adopted RACT controls in their SIP 
revisions approved by EPA under a prior ozone NAAQS continue to 
represent adequate RACT control levels for attainment of the 2008 8-
hour ozone NAAQS, or (2) through the adoption of new or more stringent 
regulations or controls 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. 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. Additionally, states are required 
to submit a negative declaration if there are no sources in the 
nonattainment area covered by a specific CTG source category.

II. Summary of SIP Revision

    On August 13, 2018, PADEP submitted a SIP revision for Philadelphia 
County to address the VOC CTG RACT requirements set forth by the CAA 
for the 2008 8-hour ozone NAAQS (the 2018 VOC CTG RACT Submission for 
Philadelphia County). Specifically, Pennsylvania's 2018 VOC CTG RACT 
Submission for Philadelphia County includes: (1) A certification that 
for certain categories of sources, previously-adopted VOC RACT controls 
in the Philadelphia County portion of Pennsylvania's SIP that were 
approved by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS 
continue to be based on the currently available technically and 
economically feasible controls, and continue to represent RACT for 
implementation of the 2008 8-hour ozone NAAQS; and (2) a negative 
declaration that certain CTG sources of VOC do not exist in 
Philadelphia County, PA. This SIP revision does not cover non-CTG 
sources in Philadelphia County.
    Philadelphia County's Regulations, under Philadelphia County AMR V 
Sections II, III, IV, V, XI, XII, XIII, XV, XVI, and 25 Pa. Code 
Sections 129.52, 129.52a, 129.52b, 129.52d, 129.52e, 129.55, 129.56, 
129.57, 129.58, 129.59, 129.60, 129.62, 129.63, 129.63a, 129.64, 
129.67, 129.67a, 129.67b, 129.68, 129.69, 129.71, 129.73, 129.74, 
129.77, 129.101-129.107, and 130.701-130.704, contain the VOC CTG RACT 
controls that were implemented and approved into Pennsylvania's SIP 
under the 1-hour and 1997 8-hour ozone NAAQS. Pennsylvania is 
certifying that these regulations, all previously approved by EPA into 
the SIP, continue to meet the RACT requirements for the 2008 8-hour 
ozone NAAQS for CTG-covered sources of VOCs in Philadelphia County, PA. 
PADEP also submitted a negative declaration for the CTGs that have not 
been adopted due to no affected facilities in Philadelphia County. More 
detailed information on these provisions as well as a detailed summary 
of EPA's review can be found in the Technical Support Document (TSD) 
for this action which is available on line at www.regulations.gov, 
Docket number EPA-R03-OAR-2019-0082.

III. Proposed Action

    EPA has reviewed Pennsylvania's 2018 VOC CTG RACT Submission for 
Philadelphia County and is proposing to approve Pennsylvania's SIP 
revision to the Philadelphia County portion of the SIP on the basis 
that Philadelphia County, PA has met the VOC RACT requirements for all 
sources covered by VOC CTGs as set forth by CAA sections 182(b) and 
184(b)(2). EPA is proposing to find that Pennsylvania's SIP revision 
satisfies the 2008 8-hour ozone NAAQS RACT requirements for sources 
covered by CTGs issued prior to July 20, 2014 in Philadelphia County, 
PA through (1) certification that previously adopted RACT controls in 
the Philadelphia County portion of the Pennsylvania SIP that were 
approved by EPA under the 1979 1-hour ozone and 1997 8-hour ozone NAAQS 
continue to be based on the currently available technically and 
economically feasible controls, and that they continue to represent 
RACT; and (2) a negative declaration demonstrating that no facilities 
exist in Philadelphia County for certain CTG categories.
    EPA is proposing to find that Pennsylvania's 2018 VOC CTG RACT 
Submission for Philadelphia County demonstrates that Philadelphia 
County has adopted air pollution control strategies that represent RACT 
for the purposes of compliance with the 2008 8-hour ozone standard for 
all stationary sources of VOCs covered by a CTG issued prior to July 
20, 2014. EPA is soliciting public comments on the issues discussed in 
this document relevant to VOC CTG RACT requirements for the 
Philadelphia County portion of the Pennsylvania SIP for the 2008 ozone 
NAAQS. These comments will be considered before taking final action.

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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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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, Pennsylvania's 2018 VOC CTG RACT 
Submission for Philadelphia County, 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, Ozone, 
Incorporation by reference, Reporting and recordkeeping requirements, 
Volatile organic compounds.

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

    Dated: August 16, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019-18433 Filed 8-26-19; 8:45 am]
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