Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Philadelphia County Reasonably Available Control Technology Under the 1997 8-Hour Ozone National Ambient Air Quality Standards, 69687-69693 [2016-23840]

Download as PDF Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 6, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Samuel Coleman was designated the Acting Regional Administrator on September 30, 2016, through the order of succession outlined in Regional Order R6–1110.1, a copy of which is included in the docket for this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone. Dated: September 30, 2016. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: Authority: 42 U.S.C. 7401 et seq. Subpart SS—Texas 2. In § 52.2270(e), the table titled ‘‘EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP’’ is amended by revising the entries for ‘‘Infrastructure and Transport SIP Revisions for the 2010 Nitrogen Dioxide Standard’’ and ‘‘Infrastructure and Transport SIP Revisions for the 2008 Ozone Standard’’ to read as follows. ■ § 52.2270 * PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 69687 Identification of plan. * * (e) * * * * * 1. The authority citation for part 52 continues to read as follows: ■ EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP Applicable geographic or nonattainment area Name of SIP provision State submittal/ effective date EPA approval date * * Infrastructure and Transport SIP Revisions for the 2010 Nitrogen Dioxide Standard. * Statewide .......... * 12/7/2012 * 9/9/2016, 81 FR 62375. Infrastructure and Transport SIP Revisions for the 2008 Ozone Standard. Statewide .......... 12/13/2012 9/9/2016, 81 FR 62375. [FR Doc. 2016–24115 Filed 10–6–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 mstockstill on DSK3G9T082PROD with RULES [EPA–R03–OAR–2008–0603; FRL–9953–52– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Philadelphia County Reasonably Available Control Technology Under the 1997 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving state SUMMARY: VerDate Sep<11>2014 18:29 Oct 06, 2016 Jkt 241001 implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania (Pennsylvania). The revisions pertain to a demonstration that Philadelphia County (Philadelphia) meets the requirements for reasonably available control technology (RACT) of the Clean Air Act (CAA) for nitrogen oxides (NOX) and volatile organic compounds (VOC) as ozone precursors for the 1997 8-hour ozone national ambient air quality standards (NAAQS). In this rulemaking action, EPA is approving three separate SIP revisions addressing RACT under the 1997 8-hour ozone NAAQS for Philadelphia; approving portions of two previously submitted RACT SIP revisions, which EPA had found deficient and conditionally approved; and converting the prior conditional approval of the Philadelphia RACT demonstration for the 1997 8-hour ozone NAAQS to full approval. EPA is approving these PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 Comments * * Approval for 110(a)(2)(A), (B), (C), (D)(i) (portions pertaining to nonattainment and interference with maintenance), D(ii), (E), (F), (G), (H), (K), (L) and (M). Approval for 110(a)(2)(J) on 10/7/ 2016, [Insert Federal Register citation]. Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), D(ii), (E), (F), (G), (H), (K), (L) and (M). Approval for 110(a)(2)(J) 10/7/2016, [Insert Federal Register citation]. revisions to the Pennsylvania SIP addressing 1997 8-hour ozone RACT for Philadelphia in accordance with the requirements of the CAA. DATES: This final rule is effective on November 7, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2008–0603. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov or please contact the person identified in the FOR FURTHER E:\FR\FM\07OCR1.SGM 07OCR1 69688 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations section for additional availability information. FOR FURTHER INFORMATION CONTACT: ´ Emlyn Velez-Rosa, (215) 814–2038, or by email at velez-rosa.emlyn@epa.gov. SUPPLEMENTARY INFORMATION: INFORMATION CONTACT I. Background On June 15, 2016 (81 FR 38992), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA proposed approval of five revisions to the Pennsylvania SIP to satisfy the RACT requirements for the 1997 8-hour ozone NAAQS for Philadelphia. The formal SIP revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP), on behalf of Philadelphia Air Management Services (AMS), on September 29, 2006, June 22, 2010, June 27, 2014, February 18, 2015, and April 26, 2016. Pursuant to section 110(k)(4) of the CAA, on December 13, 2013 (78 FR 75902), EPA conditionally approved the Philadelphia 1997 8-hour ozone RACT demonstration, as provided in the 2006 and 2010 SIP revisions, with the condition that PADEP, on behalf of AMS, submitted additional SIP revisions addressing the source-specific RACT requirements for major sources of NOX and/or VOC in Philadelphia under the 1997 8-hour ozone NAAQS. EPA had identified two deficiencies in the 1997 8-hour ozone Philadelphia RACT demonstration, as provided in the 2006 SIP revision and the 2010 SIP revision, which precluded EPA’s approval. These deficiencies relied on Pennsylvania’s NOX SIP Call SIP provisions to address RACT for electric generating units (EGUs),1 2 which cannot meet RACT based on a 2009 decision from the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit); 3 and not sufficiently addressing source-specific RACT requirements for certain major sources of NOX and VOC under the Pennsylvania SIP approved regulation in 25 Pa Code sections 129.91–92. Altogether, the RACT SIP revisions submitted to EPA on June 27, 2014, February 18, 2015, and April 26, 2016 are intended to fulfill the conditions in EPA’s December 13, 2013 conditional approval. This rulemaking action addresses all five SIP revisions concerning Philadelphia RACT requirements under the 1997 8-hour ozone NAAQS.4 II. Summary of SIP Revisions On September 29, 2006, PADEP submitted, on behalf of AMS, a SIP revision purporting to address the RACT requirements for Philadelphia under the 1997 8-hour ozone NAAQS. The 2006 SIP revision consisted of a RACT demonstration for Philadelphia, including a certification that previously adopted RACT regulations approved by EPA in Pennsylvania’s SIP under the 1hour ozone NAAQS continue to represent RACT for the 1997 8-hour ozone NAAQS implementation purposes; and a negative declaration that certain VOC source categories that would be covered by Control Technique Guideline (CTG) documents 5 do not exist in Philadelphia. The 2006 SIP revision also included federally enforceable permits that represented RACT control for four major VOC sources, but these particular requirements were later addressed by the 2010 SIP revision, thus superseding this portion of the 2006 SIP revision.6 Another SIP revision addressing RACT requirements for certain VOC source categories covered by CTGs in Philadelphia was submitted by PADEP, on behalf of AMS, on June 22, 2010. The 2010 SIP revision consisted of two new CTG regulations, Air Management Regulation (AMR) V section XV (‘‘Control of Volatile Organic Compounds (VOC) from Marine Vessel Coating Operations’’) and AMR V section XVI (‘‘Synthetic Organic Manufacturing Industry (SOCMI) Air Oxidation, Distillation, and Reactor Processes’’), and related amendments to AMR V Section I (‘‘Definitions’’), as adopted by AMS on April 26, 2010, effective upon adoption. The 2010 SIP revision also included a negative declaration for the CTG source category of natural gas and gasoline processing plants. On June 27, 2014, February 18, 2015, and April 26, 2016, PADEP submitted to EPA, on behalf of AMS, three separate SIP revisions pertaining to the Philadelphia 1997 8-hour ozone RACT demonstration to fulfill the conditions in EPA’s December 13, 2013 conditional approval. The three latest RACT SIP revisions include a RACT evaluation for each major source of NOX and/or VOC in Philadelphia. AMS evaluated a total of 25 major NOX and/or VOC sources in Philadelphia for 1997 8-hour ozone RACT, from which 16 major sources were subject to Pennsylvania’s sourcespecific RACT requirements in 25 Pa Code 129.91–92. The new or additional controls or the revised existing controls resulting from the source-specific RACT determinations were specified as requirements in new or revised federally enforceable permits (RACT permits) issued by AMS for each source. These RACT permits are included as part of the Philadelphia RACT SIP revisions for EPA’s approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1), and are specified in Table 1. TABLE 1—NEW OR REVISED SOURCE-SPECIFIC RACT DETERMINATIONS FOR MAJOR NOX AND/OR VOC SOURCES IN PHILADELPHIA UNDER THE 1997 8-HOUR OZONE NAAQS New or revised RACT permit (effective date) Major source pollutant Exelon Generating Company—Richmond Station ........................................................ Honeywell International—Frankford Plant [formerly, Sunoco Chemical—Frankford Plant]. Kinder Morgan Liquids Terminals, LLC [formerly, GATX Terminals Corp.] .................. mstockstill on DSK3G9T082PROD with RULES Source NOX ........................... NOX and VOC ........... PA–51–4903 (02/09/16). PA–51–1151 (02/09/16). VOC ........................... PA–51–5003 (02/09/16). 1 In October 1998, EPA finalized the ‘‘Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone’’—commonly called the NOX SIP Call. See 63 FR 57356 (October 27, 1998). 2 The Philadelphia 2006 RACT SIP revision certified the following NOX SIP Call related provisions, as previously approved by EPA into the Pennsylvania SIP: 25 Pa Code sections 145.1– 145.100 (66 FR 43795, August 21, 2001), 25 Pa Code VerDate Sep<11>2014 18:29 Oct 06, 2016 Jkt 241001 sections 145.111–145.113 (71 FR 40048, July, 14, 2006), and 25 Pa Code sections 145.141–144 (71 FR 40048, July, 14, 2006. 3 See NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009). 4 The five SIP submittals include the submissions on September 29, 2006, June 22, 2010, June 27, 2014, February 18, 2015, and April 26, 2016. 5 Section 182(b)(2) of the CAA requires states with moderate, or worse, ozone nonattainment PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 areas to implement RACT controls on each VOC stationary source category covered by a CTG document issued by EPA. 6 EPA determined that the provisions in the 2006 and 2010 SIP revisions were related in addressing Philadelphia’s 1997 8-hour ozone NAAQS RACT obligation and were not separable for approval purposes as each SIP submittal contained provisions addressing RACT obligations. E:\FR\FM\07OCR1.SGM 07OCR1 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69689 TABLE 1—NEW OR REVISED SOURCE-SPECIFIC RACT DETERMINATIONS FOR MAJOR NOX AND/OR VOC SOURCES IN PHILADELPHIA UNDER THE 1997 8-HOUR OZONE NAAQS—Continued New or revised RACT permit (effective date) Source Major source pollutant Naval Surface Warfare Center, Carderock Division, Ship Systems Engineering Station (NSWCCD–SSES). Paperworks Industries, Inc. [formerly, Jefferson Smurfit, Corp./Container Corp. of America]. Philadelphia Energy Solutions—Refining and Marketing, LLC [formerly, Sunoco Inc. (R&M)—Philadelphia]. Philadelphia Gas Works—Richmond Plant ................................................................... Philadelphia Prison System ........................................................................................... Plain Products Terminals, LLC [formerly, Maritank Philadelphia, Inc. and Exxon Company, USA]. Temple University—Health Sciences Campus .............................................................. Temple University—Main Campus ................................................................................ Veolia Energy Philadelphia—Edison Station [formerly TRIGEN—Edison Station] ....... Veolia Energy Philadelphia—Schuylkill Station [TRIGEN—Schuylkill Station]/Grays Ferry Cogeneration Partnership—Schuylkill Station/Veolia Energy Efficiency, LLC a. NOX ........................... PA–51–9724 (02/09/16). NOX ........................... PA–51–1566 (01/09/15). NOX and VOC ........... PA–51–01501 and PA–51–01517 (02/09/16). PA–51–4922 (01/09/15). PA–51–9519 (02/09/16). PA–51–05013 (02/09/16). NOX ........................... NOX ........................... VOC ........................... NOX NOX NOX NOX ........................... ........................... ........................... ........................... PA–51–8906 (01/09/15). PA–51–8905 (01/09/15). PA–51–4902 (01/09/15). PA–51–4942 (02/09/16)/PA–51– 4944 (01/09/15)/PA–51–10459 (01/09/15). a Grays Ferry Cogeneration, Veolia Schuylkill, and Veolia Energy Efficiency are treated as a single major source after the 1-hour RACT determination was issued. AMS submitted RACT documentation for each facility separately, although considering RACT applicability as a single major source of NOX. As part of the source-specific RACT determinations, AMS also certified for certain emissions units at major sources subject to previously approved sourcespecific RACT determinations, that the existing RACT controls approved under the 1-hour ozone NAAQS continued to represent RACT for the 1997 8-hour ozone NAAQS. Furthermore, AMS addressed another 27 NOX and/or VOC sources in Philadelphia that were previously subject to source-specific RACT determinations for the 1-hour ozone NAAQS in the Pennsylvania SIP, by certifying that these sources are no longer subject to RACT for purposes of the 1997 8-hour ozone NAAQS because they are either no longer major sources of NOX and/or VOC or have shutdown. AMS requested to remove from the SIP source-specific RACT determinations approved under the 1-hour ozone NAAQS, as codified in 40 CFR 52.2020(d)(1), for 18 sources that have shutdown, as listed in Table 2. TABLE 2—SHUTDOWN MAJOR SOURCES OF NOX AND/OR VOC IN PHILADELPHIA SUBJECT TO PREVIOUS SOURCESPECIFIC RACT DETERMINATIONS SIP approved RACT permit (effective date) Source mstockstill on DSK3G9T082PROD with RULES Aldan Rubber Company ................................................................................................ Amoco Oil Company ...................................................................................................... Arbill Industries, Inc ....................................................................................................... Braceland Brothers, Inc ................................................................................................. Budd Company .............................................................................................................. Eastman Chemical [formerly, McWhorter Technologies, Inc.] ...................................... Graphic Arts, Incorporated ............................................................................................ Interstate Brands Corporation ....................................................................................... Kurz Hastings, Inc ......................................................................................................... Lawrence McFadden, Inc .............................................................................................. O’Brien (Philadelphia) Cogeneration, Inc.—Northeast Water Pollution Control Plant .. O’Brien (Philadelphia) Cogeneration, Inc.—Southwest Water Pollution Control Plant Pearl Pressman Liberty ................................................................................................. Philadelphia Baking Company ....................................................................................... Rohm and Haas Company—Philadelphia ..................................................................... Tasty Baking Co ............................................................................................................ Transit America, Inc ....................................................................................................... SBF Communications .................................................................................................... On April 26, 2016, PADEP submitted a letter, on behalf of AMS, withdrawing from the 2006 SIP revision the certification of the Pennsylvania rules related to the NOX SIP Call as 1997 8-hour ozone RACT, specifically 25 Pa Code sections 145.1–145.100, 25 Pa Code sections 145.111–145.113, and 25 Pa Code sections 145.141–144. In the VerDate Sep<11>2014 18:29 Oct 06, 2016 Jkt 241001 PA–51–1561 PA–51–5011 PA–51–3811 PA–51–3679 PA–51–1564 PA–51–3542 PA–51–2260 PA–51–5811 PA–51–1585 PA–51–2074 PA–51–1533 PA–51–1534 PA–51–7721 PA–51–3048 PA–51–1531 PA–51–2054 PA–51–1563 PA–51–2197 letter, PADEP reaffirms that AMS is no longer relying on the SIP approved provisions related to the NOX SIP Call as 1997 8-hour ozone RACT for any sources in Philadelphia. III. EPA’s Rationale for Final Action After review and evaluation, EPA determined that AMS provided PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 (07/21/00) (05/29/15) (07/27/99) (07/14/00) (12/28/95) (07/27/99) (07/14/00) (04/10/95) (05/29/95) (06/11/97) (07/21/00) (07/21/00) (07/24/00) (04/10/95) (07/27/99) (04/04/95) (06/11/97) (07/21/00) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... EPA’s approval date 10/30/01, 66 FR 54691. 10/31/01, 66 FR 54936. 10/30/01, 66 FR 54691. 10/30/01, 66 FR 54691. 12/15/00, 65 FR 78418. 10/30/01, 66 FR 54691. 10/30/01, 66 FR 54691. 12/15/00, 65 FR 78418. 10/31/01, 66 FR 54936. 10/31/01, 66 FR 54936. 10/30/01, 66 FR 54691. 10/30/01, 66 FR 54691. 10/30/01, 66 FR 54691. 10/31/01, 66 FR 54936. 10/31/01, 66 FR 54942. 10/31/01, 66 FR 54942. 11/5/01, 66 FR 55880. 10/31/01, 66 FR 54942. adequate documentation in the September 29, 2006, June 22, 2010, June 27, 2014, February 18, 2015 and April 26, 2016 Philadelphia RACT SIP revisions to support that RACT has been met for all major sources of NOX and/or VOC in Philadelphia, including sources subject to source-specific RACT determinations, in accordance with the E:\FR\FM\07OCR1.SGM 07OCR1 69690 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES Phase 2 Ozone Implementation Rule and latest available information.7 EPA finds that the June 27, 2014, February 18, 2015, and April 26, 2016 SIP revisions satisfy the December 15, 2013 conditional approval, and thus adequately correct the deficiencies in the Philadelphia RACT demonstration EPA identified from reviewing the 2006 and 2010 SIP revisions. EPA also determined that the certified and recently adopted NOX and VOC regulations and the negative declarations included in the September 29, 2006 and June 22, 2010 SIP revisions, with exception of the withdrawn portions of the 2006 SIP revision, meet all other remaining CAA RACT requirements under the 1997 8-hour ozone NAAQS for Philadelphia. For further discussion on EPA’s rationale for its final rulemaking action are explained in the NPR and in the technical support document (TSD), both available in the docket for this rulemaking action, and thus will not be restated here. No public comments were received on the NPR. IV. Final Action In this final rulemaking action, EPA determines that the Philadelphia 1997 8-hour ozone NAAQS RACT demonstration, included within the September 29, 2006, June 22, 2010, June 27, 2014, February 18, 2015, and April 26, 2016 SIP revisions, satisfies all applicable RACT requirements under the CAA for Philadelphia for the 1997 8-hour ozone NAAQS. EPA is taking various actions on the revisions to the Pennsylvania SIP addressing Philadelphia 1997 8-hour ozone RACT. EPA is approving as RACT under the 1997 8-hour ozone NAAQS for Philadelphia the certified and recently adopted NOX and VOC regulations and CTG negative declarations included in the September 29, 2006 and June 22, 2010 SIP revisions, with exception of the portions of the 2006 SIP submittal that were withdrawn by PADEP on April 26, 2016. Specifically, EPA is finalizing approval of the CTG RACT requirements in AMR V sections I, XV, and XVI, as amended or adopted in April 26, 2010 and effective upon adoption. EPA is approving as RACT under the 1997 8-hour ozone NAAQS for Philadelphia the source-specific RACT determinations provided in the June 27, 2014, February 18, 2015, and April 26, 2016 SIP revisions. EPA is also removing the conditional nature of the December 13, 2013 conditional approval 7 ‘‘Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 2,’’ 70 FR 71612–71705 (November 29, 2005). VerDate Sep<11>2014 18:29 Oct 06, 2016 Jkt 241001 and granting full approval to the Philadelphia 1997 8-hour ozone NAAQS RACT demonstration, based on EPA’s determination that the June 27, 2014, February 18, 2015, and April 26, 2016 RACT SIP revisions satisfy the conditions established in its conditional approval. V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of source-specific RACT determinations under the 1997 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions and Philadelphia CTG RACT regulations of AMR V sections I, XV, and XVI, as amended or adopted in April 26, 2010 and effective upon adoption. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation. 62 FR 27968 (May 22, 1997). EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). VI. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). E:\FR\FM\07OCR1.SGM 07OCR1 69691 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations In addition, section 804 exempts from section 801 the following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. 5 U.S.C. 804(3). Because a portion of this rule is a rule of particular applicability, EPA is not required to submit a rule report regarding the portion of this action which is of particular applicability under section 801, but will submit the remainder of the rule. C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 6, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving the Philadelphia RACT requirements under the 1997 8-hour ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 21, 2016. Shawn M. Garvin, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: Rule citation * PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania 2. In § 52.2020: a. In the table in paragraph (c)(3), under ‘‘Regulation V—Control of Emissions of Organic Substances From Stationary Sources’’: ■ i. Revise the first entry ‘‘Section I (Except for definitions related to paragraphs V.C. & V.D.)’’. ■ ii. Remove the second entry ‘‘Section I’’. ■ iii. Add entries ‘‘Section XV’’ and ‘‘Section XVI’’ in numerical order. ■ b. In the table in paragraph (d)(1): ■ i. Remove the following entries: ‘‘Aldan Rubber Company’’; ‘‘Amoco Oil Company’’; ‘‘Arbill Industries, Inc’’; ‘‘Braceland Brothers, Inc’’; ‘‘Budd Company’’; ‘‘Exelon Generation Company—(PECO)—Richmond Generating Station’’; ‘‘Exxon Company, USA’’; ‘‘GATX Terminals Corporation’’; ‘‘Graphic Arts, Incorporated’’; ‘‘Interstate Brands Corporation’’; ‘‘Jefferson Smurfit Corp./Container Corp. of America’’; ‘‘Kurz Hastings, Inc’’; ‘‘Lawrence McFadden, Inc’’; ‘‘Maritank Philadelphia, Inc’’; ‘‘McWhorter Technologies, Inc’’; ‘‘Naval Surface Warfare Center, Caderock Division Ship Systems Engineering Station’’; ‘‘O’Brien (Philadelphia) Cogeneration, Inc.—Northeast Water Pollution Control Plant’’; ‘‘O’Brien (Philadelphia) Cogeneration, Inc.— Southwest Water Pollution Control Plant’’; ‘‘Pearl Pressman Liberty’’; ‘‘Philadelphia Baking Company’’; ‘‘Philadelphia Gas Works—Richmond ■ ■ State effective date Title/subject * * * Plant’’; ‘‘Rohm and Haas Company— Philadelphia Plant’’; ‘‘SBF Communications’’; ‘‘Sunoco Chemical, Frankford Plant’’; ‘‘Sunoco Inc. (R&M)— Philadelphia’’; ‘‘Tasty Baking Co’’; ‘‘Temple University, Health Sciences Center’’; ‘‘Transit America, Inc’’; ‘‘TRIGEN—Edison Station’’; ‘‘TRIGEN— Schuylkill Station’’; and ‘‘U.S. Navy, Naval Surface Warfare Center— Carderock Division’’. ■ ii. Add the following entries at the end of the table: ‘‘Exelon Generating Company—Richmond Generating Station’’; ‘‘Grays Ferry Cogeneration Partnership—Schuylkill Station’’; ‘‘Honeywell International—Frankford Plant’’; ‘‘Kinder Morgan Liquids Terminals, LLC’’; ‘‘Naval Surface Warfare Center—Carderock Division, Ship Systems Engineering Station (NSWCCD–SSES)’’; ‘‘Paperworks Industries, Inc.’’; ‘‘Philadelphia Energy Solutions—Refining and Marketing, LLC’’; ‘‘Philadelphia Gas Works— Richmond Plant’’; ‘‘Philadelphia Prison System’’; ‘‘Plains Products Terminals, LLC’’; ‘‘Temple University—Health Sciences Campus’’; ‘‘Temple University—Main Campus’’; ‘‘Veolia Energy Efficiency, LLC’’; ‘‘Veolia Energy Philadelphia—Edison Station’’; and ‘‘Veolia Energy Philadelphia— Schuylkill Station’’. c. In the table in paragraph (e)(1), add the entry ‘‘Philadelphia 1997 8-Hour Ozone RACT Demonstration’’ at the end of the table. The revisions and additions read as follows: § 52.2020 * Identification of plan. * * (c) * * * (3) * * * * * Additional explanation/ § 52.2063 citation EPA approval date * * * Regulation V—Control of Emissions of Organic Substances From Stationary Sources mstockstill on DSK3G9T082PROD with RULES Section I (Except for definitions related to section V, paragraphs C and D). Definitions .............................................. 4/26/2010 10/7/2016, [Insert Federal Register citation]. Amended to include definitions related to AMR V Sections XV and XVI. Exempted definitions were addressed in a previous approval. See 58 FR 33200 (June 16, 1993). * Section XV .............. * * Control of Volatile Organic Compounds (VOC) from Marine Vessel Coating Operations. Synthetic Organic Manufacturing Industry (SOCMI) Air Oxidation, Distillation, and Reactor Processes. * 4/26/2010 * 10/7/2016, [Insert Federal Register citation]. 10/7/2016, [Insert Federal Register citation]. * * Addresses RACT requirements for the ozone NAAQS under EPA’s CTGs. Section XVI ............. VerDate Sep<11>2014 18:29 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00033 4/26/2010 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM Addresses RACT requirements for the ozone NAAQS under EPA’s CTGs. 07OCR1 69692 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations Rule citation * * * * (d) * * * State effective date Title/subject * * * * Additional explanation/ § 52.2063 citation EPA approval date * * * (1) * * * State effective date EPA approval date Additional explanation/ § 52.2063 citation * * 10/07/2016, [Insert Federal Register citation]. * Supersedes previously approved RACT permit. Source is aggregated with Veolia Energy Efficiency, LLC and Veolia Energy— Schuylkill Station. Supersedes previously approved RACT permit. Source was formerly Sunoco Chemicals, Frankford Plant. Supersedes previously approved RACT permit. Source was formerly GATX Terminal Corporation. Supersedes previously approved RACT permits. Source was formerly U.S. Navy, Naval Surface Warfare Center, Carderock Division (NSWCCD). Supersedes previously approved RACT permit. Source was formerly Jefferson Smurfit, Corp./Container Corp. of America. Supersedes previously approved RACT permit. Source was formerly Sunoco Inc. (R&M)—Philadelphia. Supersedes previously approved RACT permit. Permit No. County * Exelon Generation Company—Richmond Generating Station. Grays Ferry Cogeneration Partnership— Schuylkill Station. * PA–51–4903 ..... * * Philadelphia .................... 02/09/16 PA–51–4944 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Federal Register citation]. Honeywell International— Frankford Plant. PA–51–1151 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Federal Register citation]. Kinder Morgan Liquid Terminals, LLC. PA–51–5003 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Federal Register citation]. Naval Surface Warfare Center—Carderock Division, Ship Systems Engineering Station (NSWCCD–SSES). PA–51–9724 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Federal Register citation]. Paperworks Industries, Inc. PA–51–1566 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Federal Register citation]. Philadelphia Energy Solutions—Refining and Marketing, LLC. PA–51–01501; Philadelphia .................... PA–51–01517. 02/09/16 10/07/2016, [Insert Federal Register citation]. Philadelphia Gas Works—Richmond Plant. Philadelphia Prison System. Plains Products Terminals, LLC. mstockstill on DSK3G9T082PROD with RULES Name of source PA–51–4922 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Federal Register citation]. PA–51–9519 ..... Philadelphia .................... 02/09/16 PA–51–05013 ... Philadelphia .................... 02/09/16 10/07/2016, [Insert Federal Register citation]. 10/07/2016, [Insert Federal Register citation]. Temple University— Health Sciences Campus. Temple University—Main Campus. Veolia Energy Efficiency, LLC. PA–51–8906 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Federal Register citation]. PA–51–8905 ..... Philadelphia .................... 01/09/15 PA–51–10459 ... Philadelphia .................... 01/09/15 10/07/2016, [Insert Federal Register citation]. 10/07/2016, [Insert Federal Register citation]. VerDate Sep<11>2014 * 18:29 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM 07OCR1 Supersedes previously approved RACT permit. Source was formerly Maritank Philadelphia, Inc. and Exxon Company, USA. Supersedes previously approved RACT permit. Source is aggregated with Grays Ferry Cogeneration Partnership and Veolia Energy— Schuylkill Station. Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations Name of source State effective date Permit No. County PA–51–4902 ..... Veolia Energy PhiladelPA–51–4942 ..... phia—Schuylkill Station. * * * (e) * * * * * Additional explanation/ § 52.2063 citation 10/07/2016, [Insert Federal Register citation]. 02/09/16 Philadelphia .................... EPA approval date 01/09/15 Philadelphia .................... Veolia Energy Philadelphia—Edison Station. 69693 10/07/2016, [Insert Federal Register citation]. Supersedes previously approved RACT permit. Source was formerly TRIGEN—Edison Station. Supersedes previously approved RACT permit. Source was formerly TRIGEN— Schuylkill Station. Source is aggregated with Grays Ferry Cogeneration Partnership and Veolia Energy Efficiency, LLC. (1) * * * Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * Philadelphia 1997 8-Hour Ozone RACT Demonstration. * Philadelphia County * 9/29/2006, 6/ 22/2010, 6/27/ 2014, 7/18/ 2015, 4/26/ 2016 * 10/7/2016, [Insert Federal Register citation]. * * Addressing all applicable RACT requirements for Philadelphia under the 1997 8-hour ozone standards. This rulemaking action converts the prior conditional approval of RACT demonstration to full approval. * * § 52.2023 ■ * * * [Amended] 3. In § 52.2023, remove paragraph (l). [FR Doc. 2016–23840 Filed 10–6–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R07–OAR–2016–0555; FRL–9953–59– Region 7] Approval of Nebraska’s Air Quality Implementation Plans; Nebraska Air Quality Regulations and State Operating Permit Programs Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) for the State of Nebraska. This action will amend the SIP to include revisions to title 129 of the Nebraska Air Quality Regulations, chapter 5, ‘‘Operating Permits—When Required’’; chapter 9, ‘‘General Operating Permits for Class I and Class II Sources’’; chapter 22, ‘‘Incinerators; mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 18:29 Oct 06, 2016 Jkt 241001 Emission Standards’’; chapter 30, ‘‘Open Fires’’; and chapter 34 ‘‘Emission Sources; Testing; Monitoring. These revisions were requested by the Nebraska Department of Environmental Quality (NDEQ) in three submittals, submitted on May 1, 2003, November 8, 2011, and July 14, 2014. The May 1, 2003, submittal revised chapters 5 and 9, to address changes in regard to the permits-by-rule provisions of Title 129. The November 8, 2011, submittal allows for the issuance of multiple operating permits to major sources through revisions to chapter 5. In addition, revisions to chapters 22 and 30 encourage the use of air curtain incinerators over open burning; and changes to chapter 34 clarify the authority of NDEQ to order emission sources to do testing when NDEQ deems it necessary. The July 14, 2014, submittal further revises chapter 34, by updating the reference to allowable test methods for evaluating solid waste, changing the amount of time allowed to submit test results, and allowing the Department to approve a request for testing with less than 30 days notification. This direct final rule will be effective December 6, 2016, without further notice, unless EPA receives adverse comment by November 7, 2016. DATES: PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. Submit your comments, identified by Docket ID No. EPA–R07– OAR–2016–0555, to https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit ADDRESSES: E:\FR\FM\07OCR1.SGM 07OCR1

Agencies

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69687-69693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23840]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0603; FRL-9953-52-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Philadelphia County Reasonably Available Control 
Technology Under the 1997 8-Hour Ozone National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving state 
implementation plan (SIP) revisions submitted by the Commonwealth of 
Pennsylvania (Pennsylvania). The revisions pertain to a demonstration 
that Philadelphia County (Philadelphia) meets the requirements for 
reasonably available control technology (RACT) of the Clean Air Act 
(CAA) for nitrogen oxides (NOX) and volatile organic 
compounds (VOC) as ozone precursors for the 1997 8-hour ozone national 
ambient air quality standards (NAAQS). In this rulemaking action, EPA 
is approving three separate SIP revisions addressing RACT under the 
1997 8-hour ozone NAAQS for Philadelphia; approving portions of two 
previously submitted RACT SIP revisions, which EPA had found deficient 
and conditionally approved; and converting the prior conditional 
approval of the Philadelphia RACT demonstration for the 1997 8-hour 
ozone NAAQS to full approval. EPA is approving these revisions to the 
Pennsylvania SIP addressing 1997 8-hour ozone RACT for Philadelphia in 
accordance with the requirements of the CAA.

DATES: This final rule is effective on November 7, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0603. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov or please contact the person identified in 
the FOR FURTHER

[[Page 69688]]

INFORMATION CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 15, 2016 (81 FR 38992), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA 
proposed approval of five revisions to the Pennsylvania SIP to satisfy 
the RACT requirements for the 1997 8-hour ozone NAAQS for Philadelphia. 
The formal SIP revisions were submitted by the Pennsylvania Department 
of Environmental Protection (PADEP), on behalf of Philadelphia Air 
Management Services (AMS), on September 29, 2006, June 22, 2010, June 
27, 2014, February 18, 2015, and April 26, 2016.
    Pursuant to section 110(k)(4) of the CAA, on December 13, 2013 (78 
FR 75902), EPA conditionally approved the Philadelphia 1997 8-hour 
ozone RACT demonstration, as provided in the 2006 and 2010 SIP 
revisions, with the condition that PADEP, on behalf of AMS, submitted 
additional SIP revisions addressing the source-specific RACT 
requirements for major sources of NOX and/or VOC in 
Philadelphia under the 1997 8-hour ozone NAAQS. EPA had identified two 
deficiencies in the 1997 8-hour ozone Philadelphia RACT demonstration, 
as provided in the 2006 SIP revision and the 2010 SIP revision, which 
precluded EPA's approval. These deficiencies relied on Pennsylvania's 
NOX SIP Call SIP provisions to address RACT for electric 
generating units (EGUs),1 2 which cannot meet RACT based on 
a 2009 decision from the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit); \3\ and not sufficiently 
addressing source-specific RACT requirements for certain major sources 
of NOX and VOC under the Pennsylvania SIP approved 
regulation in 25 Pa Code sections 129.91-92. Altogether, the RACT SIP 
revisions submitted to EPA on June 27, 2014, February 18, 2015, and 
April 26, 2016 are intended to fulfill the conditions in EPA's December 
13, 2013 conditional approval. This rulemaking action addresses all 
five SIP revisions concerning Philadelphia RACT requirements under the 
1997 8-hour ozone NAAQS.\4\
---------------------------------------------------------------------------

    \1\ In October 1998, EPA finalized the ``Finding of Significant 
Contribution and Rulemaking for Certain States in the Ozone 
Transport Assessment Group Region for Purposes of Reducing Regional 
Transport of Ozone''--commonly called the NOX SIP Call. 
See 63 FR 57356 (October 27, 1998).
    \2\ The Philadelphia 2006 RACT SIP revision certified the 
following NOX SIP Call related provisions, as previously 
approved by EPA into the Pennsylvania SIP: 25 Pa Code sections 
145.1-145.100 (66 FR 43795, August 21, 2001), 25 Pa Code sections 
145.111-145.113 (71 FR 40048, July, 14, 2006), and 25 Pa Code 
sections 145.141-144 (71 FR 40048, July, 14, 2006.
    \3\ See NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009).
    \4\ The five SIP submittals include the submissions on September 
29, 2006, June 22, 2010, June 27, 2014, February 18, 2015, and April 
26, 2016.
---------------------------------------------------------------------------

II. Summary of SIP Revisions

    On September 29, 2006, PADEP submitted, on behalf of AMS, a SIP 
revision purporting to address the RACT requirements for Philadelphia 
under the 1997 8-hour ozone NAAQS. The 2006 SIP revision consisted of a 
RACT demonstration for Philadelphia, including a certification that 
previously adopted RACT regulations approved by EPA in Pennsylvania's 
SIP under the 1-hour ozone NAAQS continue to represent RACT for the 
1997 8-hour ozone NAAQS implementation purposes; and a negative 
declaration that certain VOC source categories that would be covered by 
Control Technique Guideline (CTG) documents \5\ do not exist in 
Philadelphia. The 2006 SIP revision also included federally enforceable 
permits that represented RACT control for four major VOC sources, but 
these particular requirements were later addressed by the 2010 SIP 
revision, thus superseding this portion of the 2006 SIP revision.\6\
---------------------------------------------------------------------------

    \5\ Section 182(b)(2) of the CAA requires states with moderate, 
or worse, ozone nonattainment areas to implement RACT controls on 
each VOC stationary source category covered by a CTG document issued 
by EPA.
    \6\ EPA determined that the provisions in the 2006 and 2010 SIP 
revisions were related in addressing Philadelphia's 1997 8-hour 
ozone NAAQS RACT obligation and were not separable for approval 
purposes as each SIP submittal contained provisions addressing RACT 
obligations.
---------------------------------------------------------------------------

    Another SIP revision addressing RACT requirements for certain VOC 
source categories covered by CTGs in Philadelphia was submitted by 
PADEP, on behalf of AMS, on June 22, 2010. The 2010 SIP revision 
consisted of two new CTG regulations, Air Management Regulation (AMR) V 
section XV (``Control of Volatile Organic Compounds (VOC) from Marine 
Vessel Coating Operations'') and AMR V section XVI (``Synthetic Organic 
Manufacturing Industry (SOCMI) Air Oxidation, Distillation, and Reactor 
Processes''), and related amendments to AMR V Section I 
(``Definitions''), as adopted by AMS on April 26, 2010, effective upon 
adoption. The 2010 SIP revision also included a negative declaration 
for the CTG source category of natural gas and gasoline processing 
plants.
    On June 27, 2014, February 18, 2015, and April 26, 2016, PADEP 
submitted to EPA, on behalf of AMS, three separate SIP revisions 
pertaining to the Philadelphia 1997 8-hour ozone RACT demonstration to 
fulfill the conditions in EPA's December 13, 2013 conditional approval. 
The three latest RACT SIP revisions include a RACT evaluation for each 
major source of NOX and/or VOC in Philadelphia.
    AMS evaluated a total of 25 major NOX and/or VOC sources 
in Philadelphia for 1997 8-hour ozone RACT, from which 16 major sources 
were subject to Pennsylvania's source-specific RACT requirements in 25 
Pa Code 129.91-92. The new or additional controls or the revised 
existing controls resulting from the source-specific RACT 
determinations were specified as requirements in new or revised 
federally enforceable permits (RACT permits) issued by AMS for each 
source. These RACT permits are included as part of the Philadelphia 
RACT SIP revisions for EPA's approval in the Pennsylvania SIP under 40 
CFR 52.2020(d)(1), and are specified in Table 1.

  Table 1--New or Revised Source-Specific RACT Determinations for Major NOX and/or VOC Sources in Philadelphia
                                        Under the 1997 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
              Source                    Major source pollutant      New or revised RACT permit  (effective date)
----------------------------------------------------------------------------------------------------------------
Exelon Generating Company--        NOX............................  PA-51-4903 (02/09/16).
 Richmond Station.
Honeywell International--          NOX and VOC....................  PA-51-1151 (02/09/16).
 Frankford Plant [formerly,
 Sunoco Chemical--Frankford
 Plant].
Kinder Morgan Liquids Terminals,   VOC............................  PA-51-5003 (02/09/16).
 LLC [formerly, GATX Terminals
 Corp.].

[[Page 69689]]

 
Naval Surface Warfare Center,      NOX............................  PA-51-9724 (02/09/16).
 Carderock Division, Ship Systems
 Engineering Station (NSWCCD-
 SSES).
Paperworks Industries, Inc.        NOX............................  PA-51-1566 (01/09/15).
 [formerly, Jefferson Smurfit,
 Corp./Container Corp. of
 America].
Philadelphia Energy Solutions--    NOX and VOC....................  PA-51-01501 and PA-51-01517 (02/09/16).
 Refining and Marketing, LLC
 [formerly, Sunoco Inc. (R&M)--
 Philadelphia].
Philadelphia Gas Works--Richmond   NOX............................  PA-51-4922 (01/09/15).
 Plant.
Philadelphia Prison System.......  NOX............................  PA-51-9519 (02/09/16).
Plain Products Terminals, LLC      VOC............................  PA-51-05013 (02/09/16).
 [formerly, Maritank
 Philadelphia, Inc. and Exxon
 Company, USA].
Temple University--Health          NOX............................  PA-51-8906 (01/09/15).
 Sciences Campus.
Temple University--Main Campus...  NOX............................  PA-51-8905 (01/09/15).
Veolia Energy Philadelphia--       NOX............................  PA-51-4902 (01/09/15).
 Edison Station [formerly TRIGEN--
 Edison Station].
Veolia Energy Philadelphia--       NOX............................  PA-51-4942 (02/09/16)/PA-51-4944 (01/09/15)/
 Schuylkill Station [TRIGEN--                                        PA-51-10459 (01/09/15).
 Schuylkill Station]/Grays Ferry
 Cogeneration Partnership--
 Schuylkill Station/Veolia Energy
 Efficiency, LLC \a\.
----------------------------------------------------------------------------------------------------------------
\a\ Grays Ferry Cogeneration, Veolia Schuylkill, and Veolia Energy Efficiency are treated as a single major
  source after the 1-hour RACT determination was issued. AMS submitted RACT documentation for each facility
  separately, although considering RACT applicability as a single major source of NOX.

    As part of the source-specific RACT determinations, AMS also 
certified for certain emissions units at major sources subject to 
previously approved source-specific RACT determinations, that the 
existing RACT controls approved under the 1-hour ozone NAAQS continued 
to represent RACT for the 1997 8-hour ozone NAAQS. Furthermore, AMS 
addressed another 27 NOX and/or VOC sources in Philadelphia 
that were previously subject to source-specific RACT determinations for 
the 1-hour ozone NAAQS in the Pennsylvania SIP, by certifying that 
these sources are no longer subject to RACT for purposes of the 1997 8-
hour ozone NAAQS because they are either no longer major sources of 
NOX and/or VOC or have shutdown. AMS requested to remove 
from the SIP source-specific RACT determinations approved under the 1-
hour ozone NAAQS, as codified in 40 CFR 52.2020(d)(1), for 18 sources 
that have shutdown, as listed in Table 2.

   Table 2--Shutdown Major Sources of NOX and/or VOC in Philadelphia Subject to Previous Source-Specific RACT
                                                 Determinations
----------------------------------------------------------------------------------------------------------------
                                    SIP approved RACT permit  (effective
              Source                                date)                           EPA's approval date
----------------------------------------------------------------------------------------------------------------
Aldan Rubber Company.............  PA-51-1561 (07/21/00).................  10/30/01, 66 FR 54691.
Amoco Oil Company................  PA-51-5011 (05/29/15).................  10/31/01, 66 FR 54936.
Arbill Industries, Inc...........  PA-51-3811 (07/27/99).................  10/30/01, 66 FR 54691.
Braceland Brothers, Inc..........  PA-51-3679 (07/14/00).................  10/30/01, 66 FR 54691.
Budd Company.....................  PA-51-1564 (12/28/95).................  12/15/00, 65 FR 78418.
Eastman Chemical [formerly,        PA-51-3542 (07/27/99).................  10/30/01, 66 FR 54691.
 McWhorter Technologies, Inc.].
Graphic Arts, Incorporated.......  PA-51-2260 (07/14/00).................  10/30/01, 66 FR 54691.
Interstate Brands Corporation....  PA-51-5811 (04/10/95).................  12/15/00, 65 FR 78418.
Kurz Hastings, Inc...............  PA-51-1585 (05/29/95).................  10/31/01, 66 FR 54936.
Lawrence McFadden, Inc...........  PA-51-2074 (06/11/97).................  10/31/01, 66 FR 54936.
O'Brien (Philadelphia)             PA-51-1533 (07/21/00).................  10/30/01, 66 FR 54691.
 Cogeneration, Inc.--Northeast
 Water Pollution Control Plant.
O'Brien (Philadelphia)             PA-51-1534 (07/21/00).................  10/30/01, 66 FR 54691.
 Cogeneration, Inc.--Southwest
 Water Pollution Control Plant.
Pearl Pressman Liberty...........  PA-51-7721 (07/24/00).................  10/30/01, 66 FR 54691.
Philadelphia Baking Company......  PA-51-3048 (04/10/95).................  10/31/01, 66 FR 54936.
Rohm and Haas Company--            PA-51-1531 (07/27/99).................  10/31/01, 66 FR 54942.
 Philadelphia.
Tasty Baking Co..................  PA-51-2054 (04/04/95).................  10/31/01, 66 FR 54942.
Transit America, Inc.............  PA-51-1563 (06/11/97).................  11/5/01, 66 FR 55880.
SBF Communications...............  PA-51-2197 (07/21/00).................  10/31/01, 66 FR 54942.
----------------------------------------------------------------------------------------------------------------

    On April 26, 2016, PADEP submitted a letter, on behalf of AMS, 
withdrawing from the 2006 SIP revision the certification of the 
Pennsylvania rules related to the NOX SIP Call as 1997 8-
hour ozone RACT, specifically 25 Pa Code sections 145.1-145.100, 25 Pa 
Code sections 145.111-145.113, and 25 Pa Code sections 145.141-144. In 
the letter, PADEP reaffirms that AMS is no longer relying on the SIP 
approved provisions related to the NOX SIP Call as 1997 8-
hour ozone RACT for any sources in Philadelphia.

III. EPA's Rationale for Final Action

    After review and evaluation, EPA determined that AMS provided 
adequate documentation in the September 29, 2006, June 22, 2010, June 
27, 2014, February 18, 2015 and April 26, 2016 Philadelphia RACT SIP 
revisions to support that RACT has been met for all major sources of 
NOX and/or VOC in Philadelphia, including sources subject to 
source-specific RACT determinations, in accordance with the

[[Page 69690]]

Phase 2 Ozone Implementation Rule and latest available information.\7\ 
EPA finds that the June 27, 2014, February 18, 2015, and April 26, 2016 
SIP revisions satisfy the December 15, 2013 conditional approval, and 
thus adequately correct the deficiencies in the Philadelphia RACT 
demonstration EPA identified from reviewing the 2006 and 2010 SIP 
revisions. EPA also determined that the certified and recently adopted 
NOX and VOC regulations and the negative declarations 
included in the September 29, 2006 and June 22, 2010 SIP revisions, 
with exception of the withdrawn portions of the 2006 SIP revision, meet 
all other remaining CAA RACT requirements under the 1997 8-hour ozone 
NAAQS for Philadelphia. For further discussion on EPA's rationale for 
its final rulemaking action are explained in the NPR and in the 
technical support document (TSD), both available in the docket for this 
rulemaking action, and thus will not be restated here. No public 
comments were received on the NPR.
---------------------------------------------------------------------------

    \7\ ``Final Rule to Implement the 8-Hour Ozone National Ambient 
Air Quality Standard--Phase 2,'' 70 FR 71612-71705 (November 29, 
2005).
---------------------------------------------------------------------------

IV. Final Action

    In this final rulemaking action, EPA determines that the 
Philadelphia 1997 8-hour ozone NAAQS RACT demonstration, included 
within the September 29, 2006, June 22, 2010, June 27, 2014, February 
18, 2015, and April 26, 2016 SIP revisions, satisfies all applicable 
RACT requirements under the CAA for Philadelphia for the 1997 8-hour 
ozone NAAQS. EPA is taking various actions on the revisions to the 
Pennsylvania SIP addressing Philadelphia 1997 8-hour ozone RACT. EPA is 
approving as RACT under the 1997 8-hour ozone NAAQS for Philadelphia 
the certified and recently adopted NOX and VOC regulations 
and CTG negative declarations included in the September 29, 2006 and 
June 22, 2010 SIP revisions, with exception of the portions of the 2006 
SIP submittal that were withdrawn by PADEP on April 26, 2016. 
Specifically, EPA is finalizing approval of the CTG RACT requirements 
in AMR V sections I, XV, and XVI, as amended or adopted in April 26, 
2010 and effective upon adoption. EPA is approving as RACT under the 
1997 8-hour ozone NAAQS for Philadelphia the source-specific RACT 
determinations provided in the June 27, 2014, February 18, 2015, and 
April 26, 2016 SIP revisions. EPA is also removing the conditional 
nature of the December 13, 2013 conditional approval and granting full 
approval to the Philadelphia 1997 8-hour ozone NAAQS RACT 
demonstration, based on EPA's determination that the June 27, 2014, 
February 18, 2015, and April 26, 2016 RACT SIP revisions satisfy the 
conditions established in its conditional approval.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations under the 1997 8-hour ozone NAAQS for 
certain major sources of NOX and VOC emissions and 
Philadelphia CTG RACT regulations of AMR V sections I, XV, and XVI, as 
amended or adopted in April 26, 2010 and effective upon adoption. 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation. 62 FR 27968 (May 22, 1997). EPA 
has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and/or at the EPA Region 
III Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

[[Page 69691]]

    In addition, section 804 exempts from section 801 the following 
types of rules: Rules of particular applicability; rules relating to 
agency management or personnel; and rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). Because a portion 
of this rule is a rule of particular applicability, EPA is not required 
to submit a rule report regarding the portion of this action which is 
of particular applicability under section 801, but will submit the 
remainder of the rule.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 6, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving the Philadelphia RACT requirements under 
the 1997 8-hour ozone NAAQS may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 21, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

     Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020:
0
a. In the table in paragraph (c)(3), under ``Regulation V--Control of 
Emissions of Organic Substances From Stationary Sources'':
0
i. Revise the first entry ``Section I (Except for definitions related 
to paragraphs V.C. & V.D.)''.
0
 ii. Remove the second entry ``Section I''.
0
 iii. Add entries ``Section XV'' and ``Section XVI'' in numerical 
order.
0
b. In the table in paragraph (d)(1):
0
i. Remove the following entries: ``Aldan Rubber Company''; ``Amoco Oil 
Company''; ``Arbill Industries, Inc''; ``Braceland Brothers, Inc''; 
``Budd Company''; ``Exelon Generation Company--(PECO)--Richmond 
Generating Station''; ``Exxon Company, USA''; ``GATX Terminals 
Corporation''; ``Graphic Arts, Incorporated''; ``Interstate Brands 
Corporation''; ``Jefferson Smurfit Corp./Container Corp. of America''; 
``Kurz Hastings, Inc''; ``Lawrence McFadden, Inc''; ``Maritank 
Philadelphia, Inc''; ``McWhorter Technologies, Inc''; ``Naval Surface 
Warfare Center, Caderock Division Ship Systems Engineering Station''; 
``O'Brien (Philadelphia) Cogeneration, Inc.--Northeast Water Pollution 
Control Plant''; ``O'Brien (Philadelphia) Cogeneration, Inc.--Southwest 
Water Pollution Control Plant''; ``Pearl Pressman Liberty''; 
``Philadelphia Baking Company''; ``Philadelphia Gas Works--Richmond 
Plant''; ``Rohm and Haas Company--Philadelphia Plant''; ``SBF 
Communications''; ``Sunoco Chemical, Frankford Plant''; ``Sunoco Inc. 
(R&M)--Philadelphia''; ``Tasty Baking Co''; ``Temple University, Health 
Sciences Center''; ``Transit America, Inc''; ``TRIGEN--Edison 
Station''; ``TRIGEN--Schuylkill Station''; and ``U.S. Navy, Naval 
Surface Warfare Center--Carderock Division''.
0
ii. Add the following entries at the end of the table: ``Exelon 
Generating Company--Richmond Generating Station''; ``Grays Ferry 
Cogeneration Partnership--Schuylkill Station''; ``Honeywell 
International--Frankford Plant''; ``Kinder Morgan Liquids Terminals, 
LLC''; ``Naval Surface Warfare Center--Carderock Division, Ship Systems 
Engineering Station (NSWCCD-SSES)''; ``Paperworks Industries, Inc.''; 
``Philadelphia Energy Solutions--Refining and Marketing, LLC''; 
``Philadelphia Gas Works--Richmond Plant''; ``Philadelphia Prison 
System''; ``Plains Products Terminals, LLC''; ``Temple University--
Health Sciences Campus''; ``Temple University--Main Campus''; ``Veolia 
Energy Efficiency, LLC''; ``Veolia Energy Philadelphia--Edison 
Station''; and ``Veolia Energy Philadelphia--Schuylkill Station''.
    c. In the table in paragraph (e)(1), add the entry ``Philadelphia 
1997 8-Hour Ozone RACT Demonstration'' at the end of the table.
    The revisions and additions read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (c) * * *
    (3) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                 Additional
         Rule citation               Title/subject           State      EPA approval date    explanation/ Sec.
                                                        effective date                        52.2063 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                Regulation V--Control of Emissions of Organic Substances From Stationary Sources
----------------------------------------------------------------------------------------------------------------
Section I (Except for           Definitions...........       4/26/2010  10/7/2016,         Amended to include
 definitions related to                                                  [Insert Federal    definitions related
 section V, paragraphs C and                                             Register           to AMR V Sections XV
 D).                                                                     citation].         and XVI. Exempted
                                                                                            definitions were
                                                                                            addressed in a
                                                                                            previous approval.
                                                                                            See 58 FR 33200
                                                                                            (June 16, 1993).
 
                                                  * * * * * * *
Section XV....................  Control of Volatile          4/26/2010  10/7/2016,         Addresses RACT
                                 Organic Compounds                       [Insert Federal    requirements for the
                                 (VOC) from Marine                       Register           ozone NAAQS under
                                 Vessel Coating                          citation].         EPA's CTGs.
                                 Operations.
Section XVI...................  Synthetic Organic            4/26/2010  10/7/2016,         Addresses RACT
                                 Manufacturing                           [Insert Federal    requirements for the
                                 Industry (SOCMI) Air                    Register           ozone NAAQS under
                                 Oxidation,                              citation].         EPA's CTGs.
                                 Distillation, and
                                 Reactor Processes.
 

[[Page 69692]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                  Additional explanation/
           Name of source                     Permit No.                  County               State         EPA approval date         Sec.   52.2063
                                                                                          effective date                                 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Exelon Generation Company--Richmond  PA-51-4903.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Generating Station.                                                                                       Federal Register        approved RACT permit.
                                                                                                           citation].
Grays Ferry Cogeneration             PA-51-4944.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Source is aggregated
 Partnership--Schuylkill Station.                                                                          Federal Register        with Veolia Energy
                                                                                                           citation].              Efficiency, LLC and
                                                                                                                                   Veolia Energy--
                                                                                                                                   Schuylkill Station.
Honeywell International--Frankford   PA-51-1151.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Plant.                                                                                                    Federal Register        approved RACT permit.
                                                                                                           citation].              Source was formerly
                                                                                                                                   Sunoco Chemicals,
                                                                                                                                   Frankford Plant.
Kinder Morgan Liquid Terminals, LLC  PA-51-5003.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
                                                                                                           Federal Register        approved RACT permit.
                                                                                                           citation].              Source was formerly
                                                                                                                                   GATX Terminal
                                                                                                                                   Corporation.
Naval Surface Warfare Center--       PA-51-9724.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Carderock Division, Ship Systems                                                                          Federal Register        approved RACT
 Engineering Station (NSWCCD-SSES).                                                                        citation].              permits. Source was
                                                                                                                                   formerly U.S. Navy,
                                                                                                                                   Naval Surface Warfare
                                                                                                                                   Center, Carderock
                                                                                                                                   Division (NSWCCD).
Paperworks Industries, Inc.........  PA-51-1566.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
                                                                                                           Federal Register        approved RACT permit.
                                                                                                           citation].              Source was formerly
                                                                                                                                   Jefferson Smurfit,
                                                                                                                                   Corp./Container Corp.
                                                                                                                                   of America.
Philadelphia Energy Solutions--      PA-51-01501; PA-51-01517...  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Refining and Marketing, LLC.                                                                              Federal Register        approved RACT permit.
                                                                                                           citation].              Source was formerly
                                                                                                                                   Sunoco Inc. (R&M)--
                                                                                                                                   Philadelphia.
Philadelphia Gas Works--Richmond     PA-51-4922.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
 Plant.                                                                                                    Federal Register        approved RACT permit.
                                                                                                           citation].
Philadelphia Prison System.........  PA-51-9519.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     ......................
                                                                                                           Federal Register
                                                                                                           citation].
Plains Products Terminals, LLC.....  PA-51-05013................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
                                                                                                           Federal Register        approved RACT permit.
                                                                                                           citation].              Source was formerly
                                                                                                                                   Maritank
                                                                                                                                   Philadelphia, Inc.
                                                                                                                                   and Exxon Company,
                                                                                                                                   USA.
Temple University--Health Sciences   PA-51-8906.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
 Campus.                                                                                                   Federal Register        approved RACT permit.
                                                                                                           citation].
Temple University--Main Campus.....  PA-51-8905.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     ......................
                                                                                                           Federal Register
                                                                                                           citation].
Veolia Energy Efficiency, LLC......  PA-51-10459................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Source is aggregated
                                                                                                           Federal Register        with Grays Ferry
                                                                                                           citation].              Cogeneration
                                                                                                                                   Partnership and
                                                                                                                                   Veolia Energy--
                                                                                                                                   Schuylkill Station.

[[Page 69693]]

 
Veolia Energy Philadelphia--Edison   PA-51-4902.................  Philadelphia..........        01/09/15  10/07/2016, [Insert     Supersedes previously
 Station.                                                                                                  Federal Register        approved RACT permit.
                                                                                                           citation].              Source was formerly
                                                                                                                                   TRIGEN--Edison
                                                                                                                                   Station.
Veolia Energy Philadelphia--         PA-51-4942.................  Philadelphia..........        02/09/16  10/07/2016, [Insert     Supersedes previously
 Schuylkill Station.                                                                                       Federal Register        approved RACT permit.
                                                                                                           citation].              Source was formerly
                                                                                                                                   TRIGEN--Schuylkill
                                                                                                                                   Station. Source is
                                                                                                                                   aggregated with Grays
                                                                                                                                   Ferry Cogeneration
                                                                                                                                   Partnership and
                                                                                                                                   Veolia Energy
                                                                                                                                   Efficiency, LLC.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Philadelphia 1997 8-Hour Ozone   Philadelphia         9/29/2006, 6/  10/7/2016, [Insert  Addressing all
 RACT Demonstration.              County.            22/2010, 6/27/   Federal Register    applicable RACT
                                                        2014, 7/18/   citation].          requirements for
                                                        2015, 4/26/                       Philadelphia under the
                                                               2016                       1997 8-hour ozone
                                                                                          standards. This
                                                                                          rulemaking action
                                                                                          converts the prior
                                                                                          conditional approval
                                                                                          of RACT demonstration
                                                                                          to full approval.
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  52.2023  [Amended]

0
3. In Sec.  52.2023, remove paragraph (l).

[FR Doc. 2016-23840 Filed 10-6-16; 8:45 am]
 BILLING CODE 6560-50-P
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