[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31464-31468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14204]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0561; FRL-9964-58-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Volatile Organic Compound Reasonably Available Control 
Technology for 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Commonwealth of Pennsylvania 
state implementation plan (SIP). This SIP revision pertains to the 
requirements for reasonably available control technology (RACT) 
controls for certain sources of volatile organic compounds (VOCs) under 
the 1997 ozone national ambient air quality standard (NAAQS). This SIP 
revision includes Pennsylvania's 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 1997 ozone NAAQS and a negative declaration that certain 
categories of sources do not exist in Pennsylvania. This SIP revision 
does not address Pennsylvania's May 2016 VOC and nitrogen oxides 
(NOX) RACT rule, ``Additional RACT Requirements for Major 
Sources of NOX and VOCs,'' also known as RACT II. EPA will 
take separate action on RACT II. EPA is approving these revisions 
addressing VOC RACT for the 1997 ozone NAAQS in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on October 5, 2017 without further 
notice, unless EPA receives adverse written comment by August 7, 2017. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0561 at https://www.regulations.gov, or via email to 
[email protected]. 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maria A Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On September 25, 2006, the Commonwealth of 
Pennsylvania through the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a revision to its SIP that addresses 
certain requirements of RACT under the 1997 ozone NAAQS. The SIP 
revision was entitled, ``Pennsylvania Department of Environmental 
Protection Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision Under the 8-Hour Ozone National 
Ambient Air Quality Standard (NAAQS),'' September 2006, and will be 
referred to in this rulemaking action as ``the 2006 RACT SIP.'' On June 
27, 2016, PADEP withdrew from EPA review portions of the 2006 RACT SIP 
revision related to RACT for major stationary sources of VOC and 
NOX. EPA has included in the docket a redacted version of 
the 2006 RACT SIP to identify which portions of this document remain 
before EPA and are the subject of this notice of proposed rulemaking. 
Pennsylvania addressed the

[[Page 31465]]

remaining RACT requirements for the 1997 ozone NAAQS (which 
Pennsylvania withdrew from the 2006 RACT SIP) in a subsequent SIP 
revision submittal, which will be the subject of a separate rulemaking 
action.

I. Background

    Ozone is formed in the atmosphere by photochemical reactions 
between VOCs, 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 
and NOX emission sources to achieve emission reductions. 
Among effective control measures, RACT controls significantly reduce 
VOC and NOX emissions from major 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. Pennsylvania previously corrected its 
deficiencies under the 1-hour ozone standard and has no further 
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.\1\ See CAA section 182(b)(2) and 184(b). 
Alternatively, if a state has no sources in a particular source 
category covered by an EPA CTG, the state may submit a negative 
declaration in a SIP submittal asserting no subject sources are within 
the state.
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    \1\ CTGs are documents issued by EPA intended to provide state 
and local air pollution control authorities information to assist 
them in determining RACT for VOC from various sources. The 
recommendations in the CTG are based upon available data and 
information and may not apply to a particular situation based upon 
the circumstances. States can follow the CTG and adopt state 
regulations to implement the recommendations contained therein, or 
they can adopt alternative approaches. In either case, states must 
submit their RACT rules to EPA for review and approval as part of 
the SIP process. Pursuant to section 184(b)(1)(B) of the CAA, all 
areas in the OTR must implement RACT with respect to sources of VOCs 
in the state covered by a CTG issued before or after November 15, 
1990.
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    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA 
set the 8-hour ozone standard based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time, than was understood 
when the pre-existing 1-hour ozone standard was set. EPA determined 
that the 8-hour standard would be more protective of human health, 
especially children and adults who are active outdoors, and individuals 
with a preexisting respiratory disease, such as asthma. EPA 
subsequently revised the ozone NAAQS in 2008 and again in 2015. This 
rulemaking only addresses SIP requirements under the 1997 ozone NAAQS.
    The entire Commonwealth of Pennsylvania is in the OTR. Therefore, 
under CAA section 184, the entire Commonwealth was subject to RACT 
requirements under the 1-hour ozone standard. Pennsylvania has 
implemented numerous RACT controls to meet the CAA RACT requirements 
under the 1-hour and 1997 8-hour ozone NAAQS. These RACT controls were 
promulgated in title 25 of the Pennsylvania Code, chapter 129, 
Standards for Sources.
    EPA requires under the 1997 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 1997 
ozone NAAQS 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 RACT 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. Pursuant to section 184(b)(1)(B) of 
the CAA, Pennsylvania had the obligation for the 1997 ozone NAAQS to 
implement RACT with respect to sources of VOCs in the Commonwealth 
covered by a CTG issued before or after November 15, 1990 (but before 
September 15, 2006 when SIP requirements were due for the 1997 ozone 
NAAQS). Another 1997 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 the Commonwealth of 
Pennsylvania. The RACT requirements for the 1997 ozone NAAQS were due 
to EPA as SIP revisions by September 15, 2006. As stated above, PADEP 
submitted its 2006 RACT SIP on September 25, 2006 to address RACT 
requirements for certain VOC sources and for CTG sources.

II. Summary of SIP Revision

    Pennsylvania's 2006 RACT SIP revision satisfies certain RACT 
requirements for the 1997 ozone NAAQS through 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 continues 
to represent RACT for the 1997 ozone NAAQS and negative declarations 
that certain CTG source categories do not exist in Pennsylvania.
CTG Source Categories
    Table 1 lists the CTG source categories due which were required to 
have RACT rules under the 1997 ozone NAAQS as these CTGs were issued by 
EPA prior to the due date for SIP requirements for this NAAQS (i.e., 
September 15, 2006). Table 1 also shows the regulations which PADEP has 
adopted for those source categories, their state effective dates, and 
the date and Federal Register (FR) citation of EPA's approval of each 
regulation. In addition, Table 1 shows the source categories for which 
Pennsylvania has submitted negative declarations as none of these 
sources existed in the Commonwealth for those specific categories. In 
its 2006 RACT SIP, PADEP has certified that these rules constitute RACT 
for the 1997 ozone NAAQS.

[[Page 31466]]



                         Table 1-- Pennsylvania RACT Rules for CTG VOC Source Categories
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                                           Pennsylvania rule (25 Pa.         State       EPA Approval date & FR
        CTG VOC source category                      Code)              effective date          citation
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Aerospace.............................  Section 129.73 Aerospace               4/10/99  6/25/01, 66 FR 33645.
                                         manufacturing and rework.
Bulk Gasoline Plants..................  Section 129.60 Bulk gasoline            8/3/91  5/13/93, 58 FR 28362.
                                         plants.
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Equipment Leaks from Natural Gas/                                 Negative Declaration.
 Gasoline Processing Plants.
Factory Surface Coating of Flat Wood                              Negative Declaration.
 Paneling.
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Fugitive Emissions from Synthetic       Section 129.71 Synthetic               5/23/92  12/22/94, 59 FR 65971.
 Organic Chemical Polymer and Resin      organic chemical and polymer
 Manufacturing Equipment.                manufacturing--fugitive
                                         sources.
Graphic Arts--Rotogravure and           Section 129.67 Graphic arts             8/3/91  5/13/93, 58 FR 28362.
 Flexography.                            systems.
                                                                              9/5/1998  7/26/2000, 65 FR 45918.
                                                                             6/28/2014  6/25/2015, 80 FR 36481.
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Large Petroleum Dry Cleaners..........                            Negative declaration.
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Leaks from Gasoline Tank Trucks and     Section 129.62 General                 5/23/94  12/22/94, 59 FR 65971.
 Vapor Collection Systems.               standards for bulk gasoline
                                         terminals, bulk gasoline
                                         plants, and small gasoline
                                         storage tanks.
Leaks from Petroleum Refinery           Section 129.58 Petroleum               8/13/83  7/27/84, 49 FR 30183.
 Equipment.                              refineries--fugitive sources.
Manufacture of High-Density             Section 129.71 Synthetic               5/23/92  12/22/94, 59 FR 65971.
 Polyethylene, Polypropylene, and        organic chemical and polymer
 Polystyrene Resins.                     manufacturing--fugitive
                                         sources.
Manufacture of Pneumatic Rubber Tires.  Section 129.69 Manufacture of          5/23/92  12/22/94, 59 FR 65971.
                                         pneumatic rubber tires.
Manufacture of Synthesized              Section 129.68 Manufacture of           8/3/91  5/13/93, 58 FR 28362.
 Pharmaceutical Products.                synthesized pharmaceutical
                                         products.
                                                                                        8/11/92, 57 FR 3577.
Petroleum Liquid Storage in External    Section 129.56 Storage tanks            9/5/98  7/26/00, 65 FR 45920.
 Floating Roof Tanks.                    greater than 40,000 gallons
                                         capacity containing VOCs.
Refinery Vacuum Producing Systems,      Section 129.55 Petroleum               6/20/81  1/19/83, 48 FR 2319.
 Wastewater Separators, and Process      refineries--specific sources.
 Unit Turnarounds.
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SOCMI Air Oxidation Processes.........                            Negative declaration.
SOCMI Distillation and Reactor                                    Negative declaration.
 Processes.
Shipbuilding/repair...................                            Negative declaration.
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Solvent Metal Cleaning................  Section 129.63 Degreasing             12/22/01  1/16/03, 68 FR 2208.
                                         operations.
Stage I Vapor Control Systems--         Section 129.61 Small gasoline           8/3/91  5/13/93, 58 FR 28362.
 Gasoline Service Stations.              storage tank control (Stage I
                                         control).
Storage of Petroleum Liquids in Fixed   Section 129.56 Storage tanks            9/5/98  7/26/00, 65 FR 45920.
 Roof Tanks.                             greater than 40,000 gallons
                                         capacity containing VOCs.
 Surface Coating for            Section 129.52 Surface coating       6/10/2000  7/20/01, 66 FR 37908.
 Insulation of Magnet Wire.              processes.
 Surface Coating of             ..............................        11/20/10  8/24/2011, 76 FR 52870.
 Automobiles and Light-Duty Trucks.
 Surface Coating of Cans......
 Surface Coating of Coils.....
 Surface Coating of Fabrics...
 Surface Coating of Large
 Appliances.
 Surface Coating of Metal
 Furniture.
 Surface Coating of
 Miscellaneous Metal Parts and
 Products.
 Surface Coating of Paper.....
Tank Truck Gasoline Loading Terminals.  Section 129.59 Bulk gasoline            8/3/91  5/13/93, 58 FR 28362.
                                         terminals.
Use of Cutback Asphalt................  Section 129.64 Cutback asphalt         8/13/83  7/27/84, 49 FR 30183.
                                         paving.
Wood Furniture........................  Sections 129.101-107 Wood              6/10/00  7/20/01, 66 FR 37908.
                                         Furniture Manufacturing
                                         Operations.
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Non-CTG VOC Source Categories
    In its 2006 RACT SIP, PADEP has also certified that three 
regulations constitute RACT for certain VOC sources for the 1997 ozone 
NAAQS based on the currently available technically and economically 
feasible controls. Table 2 lists these source categories, their state 
effective dates, and the date and FR citation of EPA's approval of each 
regulation.

[[Page 31467]]



                            Table 2--Pennsylvania RACT Rules for Non-CTG VOC Sources
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                                                     State
  Pennsylvania non-CTG VOC rule (25 Pa. Code)   effective date           EPA approval date & FR citation
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Section 129.65 Ethylene production plants.....          8/1/79  5/20/80, 45 FR 33607.
Section 129.72 Manufacture of surface active           5/23/92  12/22/94, 59 FR 65971.
 agents.
Section 129.75 Mobile equipment repair and            11/27/99  8/14/00, 65 FR 49501.
 refinishing.
Section 129.51 Sources of VOC, General........       4/10/1999  6/25/2001, 66 FR 33645.
(This section lists general requirements for         6/28/2014  6/25/2015, 80 FR 36482.
 all sources of VOCs, and does not include
 RACT controls.).
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III. Final Action

    EPA's review of this material indicates that Pennsylvania's 2006 
RACT SIP meets certain RACT requirements for the 1997 ozone NAAQS for 
applicable CTG source categories and for three non-CTG VOC categories: 
manufacture of surface active agents, mobile equipment repair and 
refinishing, and ethylene production plants to address sections 182(b) 
and 184(b) of the CAA.
    EPA is approving Pennsylvania's 2006 RACT SIP, which was submitted 
on September 25, 2006. This SIP revision consists of (1) Pennsylvania's 
certification that previously adopted and SIP approved RACT controls 
for CTG source categories and three non-CTG source categories are based 
on the currently available technically and economically feasible 
controls, and that they continue to represent RACT for the 8-hour 
implementation purposes and (2) negative declaration that there are no 
sources in the Commonwealth of Pennsylvania for five CTG source 
categories. EPA finds this 2006 RACT SIP meets requirements for RACT in 
CAA section 182(b) and 184(b) with respect to these CTG categories, to 
the negative declarations, and to these specific VOC source categories. 
Pennsylvania has addressed its remaining obligations to address major 
stationary source RACT for VOC and NOX sources in a 
subsequent SIP submittal for which EPA will take later, separate 
rulemaking action.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on October 5, 2017 without further notice 
unless EPA receives adverse comment by August 7, 2017. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 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);
     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 (Public Law 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 5, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it

[[Page 31468]]

extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the proposed 
rulemaking action.
    This action approving Pennsylvania's 2006 RACT SIP may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 22, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding 
an entry for ``Reasonably Available Control Technology (RACT) for the 
1997 ozone national ambient air quality standard (NAAQS)'' at the end 
of the table to read as follows:


52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

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    Name of non-regulatory SIP      Applicable geographic       State
             revision                        area          submittal date             EPA approval date                    Additional explanation
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                                                                      * * * * * * *
Reasonably Available Control        Statewide............       9/25/2006  7/7/2017,  [Insert Federal Register     Pertaining only to control technique
 Technology (RACT) for the 1997                                             citation].                              guideline (CTG) source categories
 ozone national ambient air                                                                                         and three non-CTG volatile organic
 quality standard (NAAQS).                                                                                          compound (VOC) source categories:
                                                                                                                    Manufacture of surface active
                                                                                                                    agents, mobile equipment repair and
                                                                                                                    refinishing, and ethylene production
                                                                                                                    plants. Remainder of submittal
                                                                                                                    withdrawn 6/27/2016.
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[FR Doc. 2017-14204 Filed 7-6-17; 8:45 am]
 BILLING CODE 6560-50-P