81 FR 69687 - 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

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range		69687-69693
FR Document		2016-23840

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 (NO<INF>X</INF>) 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.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)

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

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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 http://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
http://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\
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\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.
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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.
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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).
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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 http://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

Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69687

the Federal Register. A major rule Samuel Coleman was designated the Authority: 42 U.S.C. 7401 et seq.
cannot take effect until 60 days after it Acting Regional Administrator on
is published in the Federal Register. September 30, 2016, through the order Subpart SS—Texas
This action is not a ‘‘major rule’’ as of succession outlined in Regional
defined by 5 U.S.C. 804(2). Order R6–1110.1, a copy of which is ■ 2. In § 52.2270(e), the table titled
included in the docket for this action. ‘‘EPA Approved Nonregulatory
Under section 307(b)(1) of the CAA,
Provisions and Quasi-Regulatory
petitions for judicial review of this List of Subjects in 40 CFR Part 52
Measures in the Texas SIP’’ is amended
action must be filed in the United States Environmental protection, Air by revising the entries for
Court of Appeals for the appropriate pollution control, Incorporation by ‘‘Infrastructure and Transport SIP
circuit by December 6, 2016. Filing a reference, Nitrogen dioxide, Ozone. Revisions for the 2010 Nitrogen Dioxide
petition for reconsideration by the Dated: September 30, 2016. Standard’’ and ‘‘Infrastructure and
Administrator of this final rule does not Samuel Coleman, Transport SIP Revisions for the 2008
affect the finality of this rule for the Acting Regional Administrator, Region 6. Ozone Standard’’ to read as follows.
purposes of judicial review nor does it
extend the time within which a petition 40 CFR part 52 is amended as follows: § 52.2270 Identification of plan.
for judicial review may be filed, and PART 52—APPROVAL AND * * * * *
shall not postpone the effectiveness of PROMULGATION OF
such rule or action. This action may not (e) * * *
IMPLEMENTATION PLANS
be challenged later in proceedings to
enforce its requirements. (See section ■ 1. The authority citation for part 52
307(b)(2).) continues to read as follows:

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable State
geographic or
Name of SIP provision submittal/ EPA approval date Comments
nonattainment effective date
area

* * * * * * *
Infrastructure and Transport SIP Revi- Statewide .......... 12/7/2012 9/9/2016, 81 FR Approval for 110(a)(2)(A), (B), (C), (D)(i)
sions for the 2010 Nitrogen Dioxide 62375. (portions pertaining to nonattainment
Standard. 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 cita-
tion].
Infrastructure and Transport SIP Revi- Statewide .......... 12/13/2012 9/9/2016, 81 FR Approval for 110(a)(2)(A), (B), (C), (D)(i)
sions for the 2008 Ozone Standard. 62375. (portion pertaining to PSD), D(ii), (E),
(F), (G), (H), (K), (L) and (M). Approval
for 110(a)(2)(J) 10/7/2016, [Insert Fed-
eral Register citation].

[FR Doc. 2016–24115 Filed 10–6–16; 8:45 am] implementation plan (SIP) revisions revisions to the Pennsylvania SIP
BILLING CODE 6560–50–P submitted by the Commonwealth of addressing 1997 8-hour ozone RACT for
Pennsylvania (Pennsylvania). The Philadelphia in accordance with the
revisions pertain to a demonstration that requirements of the CAA.
ENVIRONMENTAL PROTECTION Philadelphia County (Philadelphia) DATES: This final rule is effective on
AGENCY meets the requirements for reasonably November 7, 2016.
available control technology (RACT) of ADDRESSES: EPA has established a
40 CFR Part 52 the Clean Air Act (CAA) for nitrogen docket for this action under Docket ID
[EPA–R03–OAR–2008–0603; FRL–9953–52– oxides (NOX) and volatile organic Number EPA–R03–OAR–2008–0603. All
Region 3] compounds (VOC) as ozone precursors documents in the docket are listed on
for the 1997 8-hour ozone national the http://www.regulations.gov Web
Approval and Promulgation of Air ambient air quality standards (NAAQS). site. Although listed in the index, some
Quality Implementation Plans; In this rulemaking action, EPA is information is not publicly available,
Pennsylvania; Philadelphia County approving three separate SIP revisions e.g., confidential business information
Reasonably Available Control addressing RACT under the 1997 8-hour (CBI) or other information whose
Technology Under the 1997 8-Hour ozone NAAQS for Philadelphia; disclosure is restricted by statute.
Ozone National Ambient Air Quality approving portions of two previously Certain other material, such as
Standards
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submitted RACT SIP revisions, which copyrighted material, is not placed on
AGENCY: Environmental Protection EPA had found deficient and the Internet and will be publicly
Agency (EPA). conditionally approved; and converting available only in hard copy form.
ACTION: Final rule. the prior conditional approval of the Publicly available docket materials are
Philadelphia RACT demonstration for available through http://
SUMMARY: The Environmental Protection the 1997 8-hour ozone NAAQS to full www.regulations.gov or please contact
Agency (EPA) is approving state approval. EPA is approving these the person identified in the FOR FURTHER

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69688 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

INFORMATION CONTACT section for District of Columbia Circuit (D.C. on behalf of AMS, on June 22, 2010. The
additional availability information. Circuit); 3 and not sufficiently 2010 SIP revision consisted of two new
FOR FURTHER INFORMATION CONTACT: addressing source-specific RACT CTG regulations, Air Management
Emlyn Vélez-Rosa, (215) 814–2038, or requirements for certain major sources Regulation (AMR) V section XV
by email at velez-rosa.emlyn@epa.gov. of NOX and VOC under the (‘‘Control of Volatile Organic
Pennsylvania SIP approved regulation Compounds (VOC) from Marine Vessel
SUPPLEMENTARY INFORMATION:
in 25 Pa Code sections 129.91–92. Coating Operations’’) and AMR V
I. Background Altogether, the RACT SIP revisions section XVI (‘‘Synthetic Organic
submitted to EPA on June 27, 2014, Manufacturing Industry (SOCMI) Air
On June 15, 2016 (81 FR 38992), EPA
February 18, 2015, and April 26, 2016 Oxidation, Distillation, and Reactor
published a notice of proposed
are intended to fulfill the conditions in Processes’’), and related amendments to
rulemaking (NPR) for the
EPA’s December 13, 2013 conditional AMR V Section I (‘‘Definitions’’), as
Commonwealth of Pennsylvania. In the
approval. This rulemaking action adopted by AMS on April 26, 2010,
NPR, EPA proposed approval of five
addresses all five SIP revisions effective upon adoption. The 2010 SIP
revisions to the Pennsylvania SIP to
concerning Philadelphia RACT revision also included a negative
satisfy the RACT requirements for the
requirements under the 1997 8-hour declaration for the CTG source category
1997 8-hour ozone NAAQS for
ozone NAAQS.4 of natural gas and gasoline processing
Philadelphia. The formal SIP revisions
were submitted by the Pennsylvania II. Summary of SIP Revisions plants.
Department of Environmental Protection On September 29, 2006, PADEP On June 27, 2014, February 18, 2015,
(PADEP), on behalf of Philadelphia Air submitted, on behalf of AMS, a SIP and April 26, 2016, PADEP submitted to
Management Services (AMS), on revision purporting to address the RACT EPA, on behalf of AMS, three separate
September 29, 2006, June 22, 2010, June requirements for Philadelphia under the SIP revisions pertaining to the
27, 2014, February 18, 2015, and April 1997 8-hour ozone NAAQS. The 2006 Philadelphia 1997 8-hour ozone RACT
26, 2016. SIP revision consisted of a RACT demonstration to fulfill the conditions
Pursuant to section 110(k)(4) of the demonstration for Philadelphia, in EPA’s December 13, 2013 conditional
CAA, on December 13, 2013 (78 FR including a certification that previously approval. The three latest RACT SIP
75902), EPA conditionally approved the adopted RACT regulations approved by revisions include a RACT evaluation for
Philadelphia 1997 8-hour ozone RACT EPA in Pennsylvania’s SIP under the 1- each major source of NOX and/or VOC
demonstration, as provided in the 2006 hour ozone NAAQS continue to in Philadelphia.
and 2010 SIP revisions, with the represent RACT for the 1997 8-hour AMS evaluated a total of 25 major
condition that PADEP, on behalf of ozone NAAQS implementation NOX and/or VOC sources in
AMS, submitted additional SIP purposes; and a negative declaration Philadelphia for 1997 8-hour ozone
revisions addressing the source-specific that certain VOC source categories that RACT, from which 16 major sources
RACT requirements for major sources of would be covered by Control Technique were subject to Pennsylvania’s source-
NOX and/or VOC in Philadelphia under Guideline (CTG) documents 5 do not specific RACT requirements in 25 Pa
the 1997 8-hour ozone NAAQS. EPA exist in Philadelphia. The 2006 SIP Code 129.91–92. The new or additional
had identified two deficiencies in the revision also included federally controls or the revised existing controls
1997 8-hour ozone Philadelphia RACT enforceable permits that represented resulting from the source-specific RACT
demonstration, as provided in the 2006 RACT control for four major VOC determinations were specified as
SIP revision and the 2010 SIP revision, sources, but these particular requirements in new or revised federally
which precluded EPA’s approval. These requirements were later addressed by enforceable permits (RACT permits)
deficiencies relied on Pennsylvania’s the 2010 SIP revision, thus superseding issued by AMS for each source. These
NOX SIP Call SIP provisions to address this portion of the 2006 SIP revision.6 RACT permits are included as part of
RACT for electric generating units Another SIP revision addressing the Philadelphia RACT SIP revisions for
(EGUs),1 2 which cannot meet RACT RACT requirements for certain VOC EPA’s approval in the Pennsylvania SIP
based on a 2009 decision from the source categories covered by CTGs in under 40 CFR 52.2020(d)(1), and are
United States Court of Appeals for the Philadelphia was submitted by PADEP, 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
Source Major source pollutant (effective date)

Exelon Generating Company—Richmond Station ........................................................ NOX ........................... PA–51–4903 (02/09/16).
Honeywell International—Frankford Plant [formerly, Sunoco Chemical—Frankford NOX and VOC ........... PA–51–1151 (02/09/16).
Plant].
Kinder Morgan Liquids Terminals, LLC [formerly, GATX Terminals Corp.] .................. VOC ........................... PA–51–5003 (02/09/16).

1 In October 1998, EPA finalized the ‘‘Finding of sections 145.111–145.113 (71 FR 40048, July, 14, areas to implement RACT controls on each VOC
Significant Contribution and Rulemaking for 2006), and 25 Pa Code sections 145.141–144 (71 FR stationary source category covered by a CTG
mstockstill on DSK3G9T082PROD with RULES

Certain States in the Ozone Transport Assessment 40048, July, 14, 2006. document issued by EPA.
Group Region for Purposes of Reducing Regional 3 See NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 6 EPA determined that the provisions in the 2006
Transport of Ozone’’—commonly called the NOX
2009). and 2010 SIP revisions were related in addressing
SIP Call. See 63 FR 57356 (October 27, 1998).
4 The five SIP submittals include the submissions
2 The Philadelphia 2006 RACT SIP revision Philadelphia’s 1997 8-hour ozone NAAQS RACT
certified the following NOX SIP Call related on September 29, 2006, June 22, 2010, June 27, obligation and were not separable for approval
provisions, as previously approved by EPA into the 2014, February 18, 2015, and April 26, 2016. purposes as each SIP submittal contained
5 Section 182(b)(2) of the CAA requires states
Pennsylvania SIP: 25 Pa Code sections 145.1– provisions addressing RACT obligations.
145.100 (66 FR 43795, August 21, 2001), 25 Pa Code with moderate, or worse, ozone nonattainment

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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
Source Major source pollutant (effective date)

Naval Surface Warfare Center, Carderock Division, Ship Systems Engineering Sta- NOX ........................... PA–51–9724 (02/09/16).
tion (NSWCCD–SSES).
Paperworks Industries, Inc. [formerly, Jefferson Smurfit, Corp./Container Corp. of NOX ........................... PA–51–1566 (01/09/15).
America].
Philadelphia Energy Solutions—Refining and Marketing, LLC [formerly, Sunoco Inc. NOX and VOC ........... PA–51–01501 and PA–51–01517
(R&M)—Philadelphia]. (02/09/16).
Philadelphia Gas Works—Richmond Plant ................................................................... NOX ........................... PA–51–4922 (01/09/15).
Philadelphia Prison System ........................................................................................... NOX ........................... PA–51–9519 (02/09/16).
Plain Products Terminals, LLC [formerly, Maritank Philadelphia, Inc. and Exxon VOC ........................... PA–51–05013 (02/09/16).
Company, USA].
Temple University—Health Sciences Campus .............................................................. NOX ........................... PA–51–8906 (01/09/15).
Temple University—Main Campus ................................................................................ NOX ........................... PA–51–8905 (01/09/15).
Veolia Energy Philadelphia—Edison Station [formerly TRIGEN—Edison Station] ....... NOX ........................... PA–51–4902 (01/09/15).
Veolia Energy Philadelphia—Schuylkill Station [TRIGEN—Schuylkill Station]/Grays NOX ........................... PA–51–4942 (02/09/16)/PA–51–
Ferry Cogeneration Partnership—Schuylkill Station/Veolia Energy Efficiency, LLC a. 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 deter-
mination 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 addressed another 27 NOX and/or VOC of NOX and/or VOC or have shutdown.
determinations, AMS also certified for sources in Philadelphia that were AMS requested to remove from the SIP
certain emissions units at major sources previously subject to source-specific source-specific RACT determinations
subject to previously approved source- RACT determinations for the 1-hour approved under the 1-hour ozone
specific RACT determinations, that the ozone NAAQS in the Pennsylvania SIP, NAAQS, as codified in 40 CFR
existing RACT controls approved under by certifying that these sources are no 52.2020(d)(1), for 18 sources that have
the 1-hour ozone NAAQS continued to longer subject to RACT for purposes of shutdown, as listed in Table 2.
represent RACT for the 1997 8-hour the 1997 8-hour ozone NAAQS because
ozone NAAQS. Furthermore, AMS they are either no longer major sources

TABLE 2—SHUTDOWN MAJOR SOURCES OF NOX AND/OR VOC IN PHILADELPHIA SUBJECT TO PREVIOUS SOURCE-
SPECIFIC RACT DETERMINATIONS
SIP approved RACT permit
Source EPA’s approval date
(effective 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, McWhorter Technologies, Inc.] ...................................... PA–51–3542 (07/27/99) ..... 10/30/01, 66 FR 54691.
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) Cogeneration, Inc.—Northeast Water Pollution Control Plant .. PA–51–1533 (07/21/00) ..... 10/30/01, 66 FR 54691.
O’Brien (Philadelphia) Cogeneration, Inc.—Southwest Water Pollution Control Plant PA–51–1534 (07/21/00) ..... 10/30/01, 66 FR 54691.
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—Philadelphia ..................................................................... PA–51–1531 (07/27/99) ..... 10/31/01, 66 FR 54942.
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 letter, PADEP reaffirms that AMS is no adequate documentation in the
a letter, on behalf of AMS, withdrawing longer relying on the SIP approved September 29, 2006, June 22, 2010, June
mstockstill on DSK3G9T082PROD with RULES

from the 2006 SIP revision the provisions related to the NOX SIP Call 27, 2014, February 18, 2015 and April
certification of the Pennsylvania rules as 1997 8-hour ozone RACT for any 26, 2016 Philadelphia RACT SIP
related to the NOX SIP Call as 1997 sources in Philadelphia. revisions to support that RACT has been
8-hour ozone RACT, specifically 25 Pa III. EPA’s Rationale for Final Action met for all major sources of NOX
Code sections 145.1–145.100, 25 Pa and/or VOC in Philadelphia, including
Code sections 145.111–145.113, and 25 After review and evaluation, EPA sources subject to source-specific RACT
Pa Code sections 145.141–144. In the determined that AMS provided determinations, in accordance with the

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69690 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

Phase 2 Ozone Implementation Rule and granting full approval to the of the Paperwork Reduction Act (44
and latest available information.7 EPA Philadelphia 1997 8-hour ozone U.S.C. 3501 et seq.);
finds that the June 27, 2014, February NAAQS RACT demonstration, based on • Is certified as not having a
18, 2015, and April 26, 2016 SIP EPA’s determination that the June 27, significant economic impact on a
revisions satisfy the December 15, 2013 2014, February 18, 2015, and April 26, substantial number of small entities
conditional approval, and thus 2016 RACT SIP revisions satisfy the under the Regulatory Flexibility Act (5
adequately correct the deficiencies in conditions established in its conditional U.S.C. 601 et seq.);
the Philadelphia RACT demonstration approval. • Does not contain any unfunded
EPA identified from reviewing the 2006 mandate or significantly or uniquely
and 2010 SIP revisions. EPA also V. Incorporation by Reference
affect small governments, as described
determined that the certified and In this rule, EPA is finalizing in the Unfunded Mandates Reform Act
recently adopted NOX and VOC regulatory text that includes of 1995 (Pub. L. 104–4);
regulations and the negative incorporation by reference. In • Does not have federalism
declarations included in the September accordance with requirements of 1 CFR implications as specified in Executive
29, 2006 and June 22, 2010 SIP 51.5, EPA is finalizing the incorporation Order 13132 (64 FR 43255, August 10,
revisions, with exception of the by reference of source-specific RACT 1999);
withdrawn portions of the 2006 SIP determinations under the 1997 8-hour • Is not an economically significant
revision, meet all other remaining CAA ozone NAAQS for certain major sources regulatory action based on health or
RACT requirements under the 1997 of NOX and VOC emissions and safety risks subject to Executive Order
8-hour ozone NAAQS for Philadelphia. Philadelphia CTG RACT regulations of 13045 (62 FR 19885, April 23, 1997);
For further discussion on EPA’s AMR V sections I, XV, and XVI, as • Is not a significant regulatory action
rationale for its final rulemaking action amended or adopted in April 26, 2010 subject to Executive Order 13211 (66 FR
are explained in the NPR and in the and effective upon adoption. Therefore, 28355, May 22, 2001);
technical support document (TSD), both these materials have been approved by • Is not subject to requirements of
available in the docket for this EPA for inclusion in the SIP, have been section 12(d) of the National
rulemaking action, and thus will not be incorporated by reference by EPA into Technology Transfer and Advancement
restated here. No public comments were that plan, are fully federally enforceable Act of 1995 (15 U.S.C. 272 note) because
received on the NPR. under sections 110 and 113 of the CAA application of those requirements would
IV. Final Action as of the effective date of the final be inconsistent with the CAA; and
In this final rulemaking action, EPA
rulemaking of EPA’s approval, and will • Does not provide EPA with the
be incorporated by reference by the discretionary authority to address, as
determines that the Philadelphia 1997
Director of the Federal Register in the appropriate, disproportionate human
8-hour ozone NAAQS RACT
next update to the SIP compilation. 62 health or environmental effects, using
demonstration, included within the
FR 27968 (May 22, 1997). EPA has practicable and legally permissible
September 29, 2006, June 22, 2010, June
made, and will continue to make, these methods, under Executive Order 12898
27, 2014, February 18, 2015, and April
materials generally available through (59 FR 7629, February 16, 1994).
26, 2016 SIP revisions, satisfies all
http://www.regulations.gov and/or at the In addition, this rule does not have
applicable RACT requirements under
EPA Region III Office (please contact the tribal implications as specified by
the CAA for Philadelphia for the 1997
person identified in the FOR FURTHER Executive Order 13175 (65 FR 67249,
8-hour ozone NAAQS. EPA is taking
INFORMATION CONTACT section of this November 9, 2000), because the SIP is
various actions on the revisions to the
preamble for more information). not approved to apply in Indian country
Pennsylvania SIP addressing
Philadelphia 1997 8-hour ozone RACT. VI. Statutory and Executive Order located in the state, and EPA notes that
EPA is approving as RACT under the Reviews it will not impose substantial direct
1997 8-hour ozone NAAQS for costs on tribal governments or preempt
A. General Requirements tribal law.
Philadelphia the certified and recently
adopted NOX and VOC regulations and Under the CAA, the Administrator is B. Submission to Congress and the
CTG negative declarations included in required to approve a SIP submission Comptroller General
the September 29, 2006 and June 22, that complies with the provisions of the The Congressional Review Act, 5
2010 SIP revisions, with exception of CAA and applicable federal regulations. U.S.C. 801 et seq., as added by the Small
the portions of the 2006 SIP submittal 42 U.S.C. 7410(k); 40 CFR 52.02(a). Business Regulatory Enforcement
that were withdrawn by PADEP on Thus, in reviewing SIP submissions, Fairness Act of 1996, generally provides
April 26, 2016. Specifically, EPA is EPA’s role is to approve state choices, that before a rule may take effect, the
finalizing approval of the CTG RACT provided that they meet the criteria of agency promulgating the rule must
requirements in AMR V sections I, XV, the CAA. Accordingly, this action submit a rule report, which includes a
and XVI, as amended or adopted in merely approves state law as meeting copy of the rule, to each House of the
April 26, 2010 and effective upon federal requirements and does not Congress and to the Comptroller General
adoption. EPA is approving as RACT impose additional requirements beyond of the United States. EPA will submit a
under the 1997 8-hour ozone NAAQS those imposed by state law. For that report containing this action and other
for Philadelphia the source-specific reason, this action: required information to the U.S. Senate,
RACT determinations provided in the • Is not a ‘‘significant regulatory the U.S. House of Representatives, and
June 27, 2014, February 18, 2015, and
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action’’ subject to review by the Office the Comptroller General of the United
April 26, 2016 SIP revisions. EPA is also of Management and Budget under States prior to publication of the rule in
removing the conditional nature of the Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
December 13, 2013 conditional approval October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
7 ‘‘Final Rule to Implement the 8-Hour Ozone
January 21, 2011); is published in the Federal Register.
National Ambient Air Quality Standard—Phase 2,’’ • Does not impose an information This action is not a ‘‘major rule’’ as
70 FR 71612–71705 (November 29, 2005). collection burden under the provisions defined by 5 U.S.C. 804(2).

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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69691

In addition, section 804 exempts from PART 52—APPROVAL AND Plant’’; ‘‘Rohm and Haas Company—
section 801 the following types of rules: PROMULGATION OF Philadelphia Plant’’; ‘‘SBF
Rules of particular applicability; rules IMPLEMENTATION PLANS Communications’’; ‘‘Sunoco Chemical,
relating to agency management or Frankford Plant’’; ‘‘Sunoco Inc. (R&M)—
personnel; and rules of agency ■ 1. The authority citation for part 52 Philadelphia’’; ‘‘Tasty Baking Co’’;
organization, procedure, or practice that continues to read as follows: ‘‘Temple University, Health Sciences
do not substantially affect the rights or Authority: 42 U.S.C. 7401 et seq. Center’’; ‘‘Transit America, Inc’’;
obligations of non-agency parties. 5 ‘‘TRIGEN—Edison Station’’; ‘‘TRIGEN—
U.S.C. 804(3). Because a portion of this Subpart NN—Pennsylvania Schuylkill Station’’; and ‘‘U.S. Navy,
rule is a rule of particular applicability, Naval Surface Warfare Center—
EPA is not required to submit a rule ■ 2. In § 52.2020:
■ a. In the table in paragraph (c)(3), Carderock Division’’.
report regarding the portion of this
under ‘‘Regulation V—Control of ■ ii. Add the following entries at the
action which is of particular
applicability under section 801, but will Emissions of Organic Substances From end of the table: ‘‘Exelon Generating
submit the remainder of the rule. Stationary Sources’’: Company—Richmond Generating
■ i. Revise the first entry ‘‘Section I Station’’; ‘‘Grays Ferry Cogeneration
C. Petitions for Judicial Review (Except for definitions related to Partnership—Schuylkill Station’’;
Under section 307(b)(1) of the CAA, paragraphs V.C. & V.D.)’’. ‘‘Honeywell International—Frankford
■ ii. Remove the second entry ‘‘Section Plant’’; ‘‘Kinder Morgan Liquids
petitions for judicial review of this
action must be filed in the United States I’’. Terminals, LLC’’; ‘‘Naval Surface
■ iii. Add entries ‘‘Section XV’’ and Warfare Center—Carderock Division,
Court of Appeals for the appropriate
circuit by December 6, 2016. Filing a ‘‘Section XVI’’ in numerical order. Ship Systems Engineering Station
■ b. In the table in paragraph (d)(1):
petition for reconsideration by the (NSWCCD–SSES)’’; ‘‘Paperworks
■ i. Remove the following entries:
Administrator of this final rule does not Industries, Inc.’’; ‘‘Philadelphia Energy
‘‘Aldan Rubber Company’’; ‘‘Amoco Oil
affect the finality of this action for the Solutions—Refining and Marketing,
Company’’; ‘‘Arbill Industries, Inc’’;
purposes of judicial review nor does it ‘‘Braceland Brothers, Inc’’; ‘‘Budd LLC’’; ‘‘Philadelphia Gas Works—
extend the time within which a petition Company’’; ‘‘Exelon Generation Richmond Plant’’; ‘‘Philadelphia Prison
for judicial review may be filed, and Company—(PECO)—Richmond System’’; ‘‘Plains Products Terminals,
shall not postpone the effectiveness of Generating Station’’; ‘‘Exxon Company, LLC’’; ‘‘Temple University—Health
such rule or action. This action USA’’; ‘‘GATX Terminals Corporation’’; Sciences Campus’’; ‘‘Temple
approving the Philadelphia RACT ‘‘Graphic Arts, Incorporated’’; University—Main Campus’’; ‘‘Veolia
requirements under the 1997 8-hour ‘‘Interstate Brands Corporation’’; Energy Efficiency, LLC’’; ‘‘Veolia Energy
ozone NAAQS may not be challenged ‘‘Jefferson Smurfit Corp./Container Philadelphia—Edison Station’’; and
later in proceedings to enforce its Corp. of America’’; ‘‘Kurz Hastings, ‘‘Veolia Energy Philadelphia—
requirements. (See section 307(b)(2)). Inc’’; ‘‘Lawrence McFadden, Inc’’; Schuylkill Station’’.
List of Subjects in 40 CFR Part 52 ‘‘Maritank Philadelphia, Inc’’; c. In the table in paragraph (e)(1), add
Environmental protection, Air ‘‘McWhorter Technologies, Inc’’; ‘‘Naval the entry ‘‘Philadelphia 1997 8-Hour
pollution control, Incorporation by Surface Warfare Center, Caderock Ozone RACT Demonstration’’ at the end
reference, Nitrogen dioxide, Ozone, Division Ship Systems Engineering of the table.
Reporting and recordkeeping Station’’; ‘‘O’Brien (Philadelphia) The revisions and additions read as
requirements, Volatile organic Cogeneration, Inc.—Northeast Water follows:
compounds. Pollution Control Plant’’; ‘‘O’Brien
(Philadelphia) Cogeneration, Inc.— § 52.2020 Identification of plan.
Dated: September 21, 2016. Southwest Water Pollution Control
Shawn M. Garvin, * * * * *
Plant’’; ‘‘Pearl Pressman Liberty’’;
Regional Administrator, Region III. ‘‘Philadelphia Baking Company’’; (c) * * *
40 CFR part 52 is amended as follows: ‘‘Philadelphia Gas Works—Richmond (3) * * *

State Additional explanation/
Rule citation Title/subject EPA approval date
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, [Insert Amended to include definitions related
definitions related Federal Register to AMR V Sections XV and XVI. Ex-
to section V, para- citation]. empted definitions were addressed in
graphs C and D). a previous approval. See 58 FR
33200 (June 16, 1993).

* * * * * * *
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Section XV .............. Control of Volatile Organic Compounds 4/26/2010 10/7/2016, [Insert Addresses RACT requirements for the
(VOC) from Marine Vessel Coating Federal Register ozone NAAQS under EPA’s CTGs.
Operations. citation].
Section XVI ............. Synthetic Organic Manufacturing Indus- 4/26/2010 10/7/2016, [Insert Addresses RACT requirements for the
try (SOCMI) Air Oxidation, Distillation, Federal Register ozone NAAQS under EPA’s CTGs.
and Reactor Processes. citation].

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69692 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

State Additional explanation/
Rule citation Title/subject EPA approval date
effective date § 52.2063 citation

* * * * * * *

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

State Additional explanation/
Name of source Permit No. County EPA approval date
effective date § 52.2063 citation

* * * * * * *
Exelon Generation Com- PA–51–4903 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
pany—Richmond Gen- eral Register citation]. approved RACT per-
erating Station. mit.
Grays Ferry Cogenera- PA–51–4944 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed- Source is aggregated
tion Partnership— eral Register citation]. with Veolia Energy Ef-
Schuylkill Station. ficiency, LLC and
Veolia Energy—
Schuylkill Station.
Honeywell International— PA–51–1151 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
Frankford Plant. eral Register citation]. approved RACT per-
mit. Source was for-
merly Sunoco Chemi-
cals, Frankford Plant.
Kinder Morgan Liquid PA–51–5003 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
Terminals, LLC. eral Register citation]. approved RACT per-
mit. Source was for-
merly GATX Terminal
Corporation.
Naval Surface Warfare PA–51–9724 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
Center—Carderock Di- eral Register citation]. approved RACT per-
vision, Ship Systems mits. Source was for-
Engineering Station merly U.S. Navy,
(NSWCCD–SSES). Naval Surface Warfare
Center, Carderock Di-
vision (NSWCCD).
Paperworks Industries, PA–51–1566 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed- Supersedes previously
Inc. eral Register citation]. approved RACT per-
mit. Source was for-
merly Jefferson
Smurfit, Corp./Con-
tainer Corp. of Amer-
ica.
Philadelphia Energy So- PA–51–01501; Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
lutions—Refining and PA–51–01517. eral Register citation]. approved RACT per-
Marketing, LLC. mit. Source was for-
merly Sunoco Inc.
(R&M)—Philadelphia.
Philadelphia Gas PA–51–4922 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed- Supersedes previously
Works—Richmond eral Register citation]. approved RACT per-
Plant. mit.
Philadelphia Prison Sys- PA–51–9519 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed-
tem. eral Register citation].
Plains Products Termi- PA–51–05013 ... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
nals, LLC. eral Register citation]. approved RACT per-
mit. Source was for-
merly Maritank Phila-
delphia, Inc. and
Exxon Company, USA.
Temple University— PA–51–8906 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed- Supersedes previously
Health Sciences Cam- eral Register citation]. approved RACT per-
pus. mit.
Temple University—Main PA–51–8905 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed-
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Campus. eral Register citation].
Veolia Energy Efficiency, PA–51–10459 ... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed- Source is aggregated
LLC. eral Register citation]. with Grays Ferry Co-
generation Partnership
and Veolia Energy—
Schuylkill Station.

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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69693

State Additional explanation/
Name of source Permit No. County EPA approval date
effective date § 52.2063 citation

Veolia Energy Philadel- PA–51–4902 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed- Supersedes previously
phia—Edison Station. eral Register citation]. approved RACT per-
mit. Source was for-
merly TRIGEN—Edi-
son Station.
Veolia Energy Philadel- PA–51–4942 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
phia—Schuylkill Station. eral Register citation]. approved RACT per-
mit. Source was for-
merly TRIGEN—
Schuylkill Station.
Source is aggregated
with Grays Ferry Co-
generation Partnership
and Veolia Energy Effi-
ciency, LLC.

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

Applicable geo- State submittal
Name of non-regulatory SIP revision EPA approval date Additional explanation
graphic area date

* * * * * * *
Philadelphia 1997 8-Hour Ozone RACT Philadelphia County 9/29/2006, 6/ 10/7/2016, [Insert Addressing all applicable RACT require-
Demonstration. 22/2010, 6/27/ Federal Register ments for Philadelphia under the
2014, 7/18/ citation]. 1997 8-hour ozone standards. This
2015, 4/26/ rulemaking action converts the prior
2016 conditional approval of RACT dem-
onstration to full approval.

* * * * * Emission Standards’’; chapter 30, ‘‘Open If EPA receives adverse comment, we
Fires’’; and chapter 34 ‘‘Emission will publish a timely withdrawal of the
§ 52.2023 [Amended] Sources; Testing; Monitoring. These direct final rule in the Federal Register
■ 3. In § 52.2023, remove paragraph (l). revisions were requested by the informing the public that the rule will
[FR Doc. 2016–23840 Filed 10–6–16; 8:45 am] Nebraska Department of Environmental not take effect.
BILLING CODE 6560–50–P Quality (NDEQ) in three submittals,
submitted on May 1, 2003, November 8, ADDRESSES: Submit your comments,
2011, and July 14, 2014. The May 1, identified by Docket ID No. EPA–R07–
ENVIRONMENTAL PROTECTION 2003, submittal revised chapters 5 and OAR–2016–0555, to http://
AGENCY 9, to address changes in regard to the www.regulations.gov. Follow the online
permits-by-rule provisions of Title 129. instructions for submitting comments.
40 CFR Parts 52 and 70 The November 8, 2011, submittal allows Once submitted, comments cannot be
[EPA–R07–OAR–2016–0555; FRL–9953–59– for the issuance of multiple operating edited or removed from Regulations.gov.
Region 7] permits to major sources through EPA may publish any comment received
revisions to chapter 5. In addition, to its public docket. Do not submit
Approval of Nebraska’s Air Quality revisions to chapters 22 and 30 electronically any information you
Implementation Plans; Nebraska Air encourage the use of air curtain consider to be Confidential Business
Quality Regulations and State incinerators over open burning; and Information (CBI) or other information
Operating Permit Programs changes to chapter 34 clarify the whose disclosure is restricted by statute.
authority of NDEQ to order emission Multimedia submissions (audio, video,
AGENCY: Environmental Protection sources to do testing when NDEQ deems etc.) must be accompanied by a written
Agency (EPA). it necessary. The July 14, 2014, comment. The written comment is
ACTION: Direct final rule. submittal further revises chapter 34, by considered the official comment and
updating the reference to allowable test should include discussion of all points
SUMMARY: The Environmental Protection methods for evaluating solid waste,
Agency (EPA) is taking direct final you wish to make. EPA will generally
changing the amount of time allowed to not consider comments or comment
action to approve revisions to the State submit test results, and allowing the
Implementation Plan (SIP) for the State contents located outside of the primary
Department to approve a request for
mstockstill on DSK3G9T082PROD with RULES

of Nebraska. This action will amend the submission (i.e. on the web, cloud, or
testing with less than 30 days other file sharing system). For
SIP to include revisions to title 129 of notification.
the Nebraska Air Quality Regulations, additional submission methods, the full
chapter 5, ‘‘Operating Permits—When DATES: This direct final rule will be EPA public comment policy,
Required’’; chapter 9, ‘‘General effective December 6, 2016, without information about CBI or multimedia
Operating Permits for Class I and Class further notice, unless EPA receives submissions, and general guidance on
II Sources’’; chapter 22, ‘‘Incinerators; adverse comment by November 7, 2016. making effective comments, please visit

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Document Created: 2018-02-13 16:31:44
Document Modified: 2018-02-13 16:31:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on November 7, 2016.
Contact		Emlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected]
FR Citation		81 FR 69687
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds