[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

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 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.

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

[[Page 56948]]



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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]
 BILLING CODE 6560-50-P