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/ Tuesday, August 26, 2008
[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
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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.
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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
----------------------------------------------------------------------------------------------------------------
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.
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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]
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