[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Rules and Regulations]
[Pages 56946-56948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23130]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0082; FRL-10001-46-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Philadelphia County Reasonably Available Control
Technology for the 2008 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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). EPA is
approving these revisions addressing the VOC CTG RACT requirements set
forth by the Clean Air Act (CAA) for the 2008 8-hour ozone NAAQS for
Philadelphia County in accordance with the requirements of the CAA.
DATES: This final rule is effective on November 25, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0082. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 27, 2019 (84 FR 44798), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of 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). The formal SIP revision was submitted by
Pennsylvania on behalf of Philadelphia County on August 13, 2018.
II. Summary of SIP Revision and EPA Analysis
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. Specifically, the 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. PADEP will address RACT for major
sources of NOX and for major non-CTG VOC sources for
Philadelphia County in another SIP submission.
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. PADEP 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 because Philadelphia County does not contain the affected
source categories. 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 https://www.regulations.gov, Docket number EPA-R03-OAR-2019-
0082.
An explanation of the Clean Air Act requirements, a detailed
analysis of the
[[Page 56947]]
revisions, and EPA's reasons for proposing approval were provided in
the NPRM and will not be restated here. No public comments were
received on the NPRM.
III. Final Action
EPA is approving the Pennsylvania's 2018 VOC CTG RACT Submission
for Philadelphia County on the basis that it demonstrates that existing
regulations in the Philadelphia County portion of Pennsylvania's SIP
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.
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);
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 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 December 23, 2019. 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 extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving the 2018 VOC CTG RACT Submission for
Philadelphia County 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, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 11, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
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2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
an entry for the Philadelphia County, Pennsylvania 2008 8-hour Ozone
National Ambient Air Quality Standard Reasonably Available Control
Technology at the end of the table to read as follows:
Sec. 52.2020 Identification of plan.
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(e) * * *
(1) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional explanation
revision geographic area date
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2008 8-hour Ozone National Philadelphia 08/13/18 10/24/2019, This action pertains to
Ambient Air Quality Standard County. [Insert Federal sources covered by
Reasonably Available Control Register CTGs issued prior to
Technology Standard. citation]. July 20, 2014.
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[FR Doc. 2019-23130 Filed 10-23-19; 8:45 am]
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