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

 
CONTENT

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

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.

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:

  1. www.regulations.gov. Follow the on-line instructions for submitting comments.

  2. E-mail: fernandez.cristina@epa.gov.

  3. 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.

  4. 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.

    1. 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

      NOXemissions 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 NOXemission 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 NOXemissions within

      Philadelphia County.

    2. 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 NOXsources 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

      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.

      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.

      NOXRACT Controls

      Philadelphia Air Management Regulations Part VII and Pennsylvania

      Regulations Title 25 Sections 129 and 145 list NOXRACT controls that were implemented and approved into the Pennsylvania SIP under the 1-hour ozone NAAQS. Table 3 lists Philadelphia County's

      NOXRACT 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.

    3. 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.

    4. 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

      BILLING CODE 6560-50-P