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, 50270-50274 [E8-19753]

Download as PDF 50270 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules request. Sources in Pennsylvania subject to PA Code Chapters 129.91 through 129.95 are not to send their RACT plan proposals directly to EPA. Under the CAA, SIP revision submissions in their entirety must be submitted by the State requesting that the SIP be revised. EPA will consider only the materials formally submitted by DEP in its SIP revision request and any comments submitted during the public comment period provided by EPA on its proposed rule when determining its final action to approve or disapprove a source-specific SIP revision submitted by DEP pursuant to PA Code Chapters 129.91 through 129.95. G. The SIP submission by DEP must not include any materials that are considered ‘‘confidential business information’’ in nature or entitled to any proprietary treatment. Moreover, the DEP plan approvals and permits cannot include conditions that cite to the source’s RACT Plan proposal where that proposal includes materials which the company has requested be treated as confidential and proprietary. No materials that are considered ‘‘confidential business information’’ in nature or entitled to any proprietary treatment are to be included in a SIP revision submittal because the materials that constitute SIP revisions are required to be made available to the public by both the State and EPA. sroberts on PROD1PC76 with PROPOSALS III. EPA’s Proposed Action EPA has previously removed the limited status of its approval of Pennsylvania’s SIP revisions that requires all major sources of VOC and NOX to implement RACT as it applies in the Pittsburgh and Philadelphia areas because EPA has approved all of the case-by-case RACT determinations for these areas. In this action, EPA is proposing to convert its limited approval of Pennsylvania’s RACT regulation to full approval as it applies in the remainder of the Commonwealth because EPA has approved all of the case-by-case RACT determinations submitted by DEP such that there are no longer any such submissions pending before EPA. 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 Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 VerDate Aug<31>2005 18:09 Aug 25, 2008 Jkt 214001 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 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 Clean Air Act; 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 regarding Pennsylvania’s VOC and NOX RACT regulations Chapters 129.91– 129.95 as they apply in the remainder of the Commonwealth of Pennsylvania does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the Pennsylvania SIP is not approved to apply in Indian country, and EPA, therefore, 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, PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 14, 2008. William T. Wisniewski, Acting Regional Administrator, Region III. [FR Doc. E8–19756 Filed 8–25–08; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 1hour 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, C:\FR\FM\26AUP1.SGM 26AUP1 sroberts on PROD1PC76 with PROPOSALS Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted 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 email 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 VerDate Aug<31>2005 18:09 Aug 25, 2008 Jkt 214001 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-WilmingtonTrenton 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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 50271 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 8hour 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 C:\FR\FM\26AUP1.SGM 26AUP1 50272 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 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 Regulation CTG: Control of VOC Emissions from Petroleum Liquid Storage in External Floating Roof Tanks. Air Management Regulations (AMR) V Section II. PA Title 25 Section 129.56 .......... PA Title 25 Section 129.57 .......... AMR V Section II .......................... PA Title 25 Section 129.56 .......... PA Title 25 Section 129.57 .......... AMR V Section III ......................... PA Title 25 Section 129.55 .......... AMR V Section IV ........................ PA Title 25 Section 129.58 .......... AMR V Section V ......................... PA Title 25 Section 129.59 .......... PA Title 25 Section 129.62 .......... PA Title 25 Section 129.60 .......... AMR V Section XIII ...................... PA Title 25 Section 129.62 .......... PA Title 25 Section 129.61 .......... 05/31/1972 37 FR 10842 07/26/2000 01/19/1983 05/31/1972 07/26/2000 01/19/1983 05/31/1972 01/19/1983 05/31/1972 07/27/1984 05/31/1972 08/11/1992 12/22/1994 08/11/1992 04/06/1993 12/22/1994 08/11/1992 65 48 37 65 48 37 48 37 49 37 57 59 57 58 59 57 AMR V Section VI ........................ PA Title 25 Section 129.63 .......... PA Title 25 Section 129.63 .......... 05/31/1972 01/16/2003 01/16/2003 37 FR 10842 68 FR 2208 68 FR 2208 PA Title 25 Section 129.64 .......... PA Title 25 Section 129.69 .......... 07/27/1984 12/22/1994 49 FR 30183 59 FR 65971 AMR V Section XII ....................... PA Title 25 Section 129.68 .......... AMR V Section XI ........................ PA Title 25 Section 129.52 .......... 06/16/1993 08/11/1992 04/12/1993 07/20/2001 58 57 58 66 PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 PA Title 25 Section 129.52 .......... 07/20/2001 66 FR 37908 PA Title 25 Section 129.67 .......... 07/26/2000 65 FR 45920 PA Title 25 Section 129.71 .......... 12/22/1994 59 FR 65971 PA Title 25 Section 129.71 .......... 12/22/1994 59 FR 65971 AMR V Section X ......................... PA Title 25 Section 129.72 .......... PA Title 25 Section 129.91— 129.95. PA Title 25 Section 129.73 .......... 06/16/1993 12/22/1994 07/20/2001 58 FR 33192 59 FR 65971 66 FR 37908 06/25/2001 66 FR 33645 PA Title 25 Section 129.101— 129.107. PA Title 25 Section 129.75 .......... AMR V Section VII—processing of Photochemically Reactive Materials. AMR V Section VIII—Architectural Coatings. 07/20/2001 66 FR 37908 08/14/2000 05/31/1972 65 FR 49501 37 FR 10842 05/31/1972 37 FR 10842 CTG: Control of VOC Emissions from Storage of Petroleum Liquids in Fixed Roof Tanks. CTG: Control of Refinery Vacuum Producing Systems, Wastewater Separators and Process Unit Turnarounds. CTG: Control of VOC Leaks from Petroleum Refinery Equipment ..... CTG: Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals. CTG: Control of VOC Emissions from Bulk Gasoline Plants .............. CTG: Control of VOC Leaks from Gasoline Tank Trucks and Vapor Collection Systems. CTG: Design Criteria for Stage I Vapor Control Systems—Gasoline Service Stations. CTG: Control of VOC Emissions from Solvent Metal Cleaning .......... sroberts on PROD1PC76 with PROPOSALS Alternative Control Technology (ACT) Document—Halogenated Solvent Cleaners. CTG: Control of VOC from Use of Cutback Asphalt ........................... CTG: Control of VOC Emissions from Manufacture of Pneumatic Rubber Tires. CTG: Control of VOC Emissions from Manufacture of Synthesized Pharmaceutical Products. CTG: Control of VOC Emissions from Large Petroleum Dry Cleaners CTG: Control of VOC Emissions from Existing Stationary Sources, Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks. CTG: Control of VOC Emissions from Existing Stationary Sources, Volume III: Surface Coatings of Metal Furniture. CTG: Control of VOC Emissions from Existing Stationary Sources, Volume IV: Surface Coating for Insulation of Magnet Wire. CTG: Control of VOC Emissions from Existing Stationary Sources, Volume V: Surface Coating of Large Appliances. CTG: Control of VOC Emissions from Existing Stationary Sources, Volume VI: Surface Coating of Miscellaneous Metal Parts and Products. CTG: Control of VOC Emissions from Existing Stationary Sources, Volume VIII: Graphic Arts—Rotogravure and Flexography. CTG: Control of VOC Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystrene Resins. CTG: Control of VOC Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. Non-CTG RACT: An industry-specific RACT determination (CAA Section 182(b)(2)(c)). CTG—Maximum Achievable Control Technology (MACT): Aerospace. CTG—MACT: Wood Furniture ............................................................. ACT: Automobile Body refinishing ....................................................... VerDate Aug<31>2005 18:09 Aug 25, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 C:\FR\FM\26AUP1.SGM Date published Federal Register citation RACT document basis 26AUP1 FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR 45920 2319 10842 45920 2319 10842 2319 10842 30183 10842 35777 65971 35777 17778 65971 35777 33200 35777 19066 37908 50273 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules TABLE 1—PHILADELPHIA COUNTY’S VOC RACT CONTROLS—Continued RACT document basis Regulation Date published AMR V Section IX—Disposal of Solvents. PA Title 25 Section 129.65— Ethylene production plants. AMR V Section I—Definitions ...... PA Title 25 Section 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 Federal Register citation 05/31/1972 37 FR 10842 11/14/2002 67 FR 68935 06/16/1993 06/25/2001 58 FR 33200 66 FR 33645 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 RACT document basis Facility name CTG: Control of Volatile Organic Equipment Leaks from Natural Gas/Gasoline Processing Plants. Philadelphia Gas Works .................................................. V95–042. Sunoco Philadelphia Refinery ......................................... Aker Philadelphia Shipyard ............................................. Sunoco Chemicals .......................................................... V95–038. V01–006. V95–047. Sunoco Chemicals .......................................................... V95–047. CTG/ACT: Shipbuilding/Repair ......................................... CTG: Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. CTG: Control of Volatile 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 Operating permit No. ozone NAAQS. Table 3 lists Philadelphia County’s NOX RACT controls. TABLE 3—PHILADELPHIA COUNTY’S NOX RACT CONTROLS RACT document basis Regulation NOX RACT, CAA Section 182 (b)(2) and Section 182(f). NOX SIP Call ................................ 01/14/1987 05/14/1973 05/14/1973 07/20/2001 52 38 38 66 PA Title 25 Sections 145.1–145.100 ................................................... PA Title 25 Sections 145.111–145.113 ............................................... PA Title 25 Sections 145.141–145.144 ............................................... 08/21/2001 07/14/2006 07/14/2006 66 FR 43795 71 FR 40084 71 FR 40084 sroberts on PROD1PC76 with PROPOSALS 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 18:09 Aug 25, 2008 Federal Register citation AMR VII Section II—Fuel Burning Equipment ..................................... AMR VII Section III—Nitric Acid Plants ............................................... AMR VII Section IV—Emissions Monitoring ........................................ PA Title 25 Sections 129.91–129.95 ................................................... III. Proposed Action VerDate Aug<31>2005 Date published Jkt 214001 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. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 FR FR FR FR 1456 12696 12696 37908 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 C:\FR\FM\26AUP1.SGM 26AUP1 50274 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 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. sroberts on PROD1PC76 with PROPOSALS 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. VerDate Aug<31>2005 18:09 Aug 25, 2008 Jkt 214001 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 DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 88 RIN 0991–AB48 Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices In Violation of Federal Law Office of the Secretary, HHS. Proposed rule. AGENCY: ACTION: SUMMARY: The Department of Health and Human Services proposes to promulgate regulations to ensure that Department funds do not support morally coercive or discriminatory practices or policies in violation of federal law, pursuant to the Church Amendments (42 U.S.C. 300a–7), Public Health Service (PHS) Act § 245 (42 U.S.C. 238n), and the Weldon Amendment (Consolidated Appropriations Act, 2008, Pub. L. 110– 161, § 508(d), 121 Stat. 1844, 2209). This notice of proposed rulemaking proposes to define certain key terms. Furthermore, in order to ensure that recipients of Department funds know about their legal obligations under these nondiscrimination provisions, the Department proposes to require written certification by certain recipients that they will comply with all three statutes, as applicable. DATES: Submit written or electronic comment on the regulations proposed by this document by September 25, 2008. In commenting, please refer to ‘‘Provider Conscience Regulation’’. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (no duplicates, please): 1. Electronically. You may submit electronic comments on this regulation to http://www.Regulations.gov or via email to consciencecomment@hhs.gov. To submit electronic comments to http://www.Regulations.gov, go to the Web site and click on the link ‘‘Comment or Submission’’ and enter the keywords ‘‘provider conscience’’. (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) ADDRESSES: PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 2. By regular mail. You may mail written comments (one original and two copies) to the following address only: Office of Public Health and Science, Department of Health and Human Services, Attention: Brenda Destro, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Room 728E, Washington, DC 20201. 3. By express or overnight mail. You may send written comments (one original and two copies) to the following address only: Office of Public Health and Science, Department of Health and Human Services, Attention: Brenda Destro, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Room 728E, Washington, DC 20201. 4. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to the following address: Room 728E, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal Government Identification, commenters are encouraged to leave their comments in the mail drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain proof of filing by stamping in and retaining and extra copy of the documents being filed.) Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. Submitting Comments: We welcome comments from the public on all issues set forth in this proposed rule to assist us in fully considering issues and developing policies. For all comments submitted, you should specify the subject as ‘‘Provider Conscience Regulation’’. Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: http:// www.Regulations.gov. Click on the link ‘‘Comment or Submission’’ on that Web site to view public comments. Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of C:\FR\FM\26AUP1.SGM 26AUP1

Agencies

[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Proposed Rules]
[Pages 50270-50274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19753]


-----------------------------------------------------------------------

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:
    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
----------------------------------------------------------------------------------------------------------------
         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.
------------------------------------------------------------------------

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.
----------------------------------------------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P