Proposed Rule2026-02381
Air Plan Approval; Pennsylvania; Proposed Revision to Philadelphia Gas Works, Richmond Plant Reasonably Available Control Technology Plan Under the 1997 8-Hour Ozone National Ambient Air Quality Standards
Primary source
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Published
February 6, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or "the Agency") is proposing to approve a State implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. In this rulemaking, the EPA proposes to approve a revision to the reasonably available control technology (RACT) Plan for the Philadelphia Gas Works, Richmond Plant (PGW Richmond), a major source of nitrogen oxides (NO<INF>X</INF>). The proposed revision would remove a condition from the RACT Plan Approval, previously incorporated into Pennsylvania's SIP on October 7, 2016. The proposed revision results in no change of emission allowances under RACT. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 25 (Friday, February 6, 2026)</title>
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[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Proposed Rules]
[Pages 5398-5400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02381]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-2831; FRL-13067-01-R3]
Air Plan Approval; Pennsylvania; Proposed Revision to
Philadelphia Gas Works, Richmond Plant Reasonably Available Control
Technology Plan Under the 1997 8-Hour Ozone National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or ``the Agency'') is
proposing to approve a State implementation plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. In this rulemaking, the
EPA proposes to approve a revision to the reasonably available control
technology (RACT) Plan for the Philadelphia Gas Works, Richmond Plant
(PGW Richmond), a major source of nitrogen oxides (NO<INF>X</INF>). The
proposed revision would remove a condition from the RACT Plan Approval,
previously incorporated into Pennsylvania's SIP on October 7, 2016. The
proposed revision results in no change of emission allowances under
RACT. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 9, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-2831 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#4337222f2f263a6d2722352a27032633226d242c35"><span class="__cf_email__" data-cfemail="d1a5b0bdbdb4a8ffb5b0a7b8b591b4a1b0ffb6bea7">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the 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. The 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, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Katharine Payne, Permits Branch
(3AP10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2183. Ms.
Katharine Payne can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#512130283f347f3a3025393023383f34113421307f363e27"><span class="__cf_email__" data-cfemail="9feffee6f1fab1f4feebf7feedf6f1fadffaeffeb1f8f0e9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On September 7, 2023, the Pennsylvania
Department of Environmental Protection (PADEP) submitted on behalf of
the City of Philadelphia, Department of Public Health, Air Management
Services (AMS) a proposed revision to the Pennsylvania SIP to satisfy
the RACT requirements for the 1997 8-hour ozone National Ambient Air
Quality Standards (NAAQS) for Philadelphia.
I. Background
A. General
Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM) for
attainment of the NAAQS, including emissions reductions from existing
sources through adoption of RACT. Sections 182(b)(2) and (f)(1) of the
CAA require States with moderate, or worse, ozone nonattainment areas
to implement RACT controls on each category of stationary sources
covered by a control technique guideline (CTG) document issued by the
EPA and on all major stationary sources of volatile organic compounds
(VOC) and NO<INF>X</INF> emissions located in the nonattainment
area.\1\
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\1\ A major source in an ozone nonattainment area is defined as
any stationary source that emits or has the potential to emit
NO<INF>X</INF> and VOC emissions above a certain applicability
threshold that is based on the classification of the ozone
nonattainment area. See ``major stationary source'' in 40 CFR
51.165.
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On July 18, 1997 (62 FR 38856), the EPA revised the NAAQS for
ground-level ozone, setting the standard at 0.08 parts per million
(ppm) averaged over an 8-hour time frame. On April 15, 2004, the EPA
issued final designations for the 1997 8-hour ozone NAAQS, which
included Philadelphia County as part of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE moderate ozone nonattainment area. See 69 FR
23858, at 23931 (April 30, 2004). The nonattainment designation for
Philadelphia under the 1997 8-hour ozone NAAQS, and its location in the
ozone transport region (OTR), triggered Pennsylvania's obligation to
submit a SIP revision addressing how it meets the CAA RACT requirements
in Philadelphia under this standard.
On March 27, 2008 (73 FR 16436), the EPA significantly strengthened
the 8-hour ozone NAAQS by revising the primary 8-hour ozone standard to
a level of 0.075 ppm. On March 6, 2015 (80 FR 12264), the EPA published
a final rule for the implementation of the 2008 8-hour ozone NAAQS,
while at the same time revoking the 1997 8-hour ozone NAAQS, effective
on April 6, 2015.\2\ The EPA's previous approach, the 2008 8-hour ozone
Implementation Rule established anti-backsliding principles to
transition from implementing the revoked 1997 8-hour ozone NAAQS to the
2008 8-hour ozone NAAQS, the EPA clarified that RACT under the 1997 8-
hour ozone NAAQS, among other requirements, continues to apply to a
nonattainment area, in accordance with its designation and
classification for the 1997 8-hour ozone NAAQS at the time of the
revocation of the standard. Therefore, 1997 8-hour ozone RACT continues
to be an applicable requirement for Philadelphia.
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\2\ ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements'' Final
Rule, (80 FR 12264, March 6, 2015).
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B. EPA's Requirements Under the 1997 8-Hour Ozone RACT
On November 29, 2005 (70 FR 71612), the EPA published the Phase 2
Ozone
[[Page 5399]]
Implementation Rule to address nonattainment SIP requirements for the
1997 8-hour ozone NAAQS.\3\ This rule addressed, among other things,
control and planning obligations as they apply to nonattainment areas
under the 1997 8-hour ozone NAAQS, including RACT and RACM. The EPA
specifically required that States meet the RACT requirements, either
through a certification that previously adopted RACT controls in their
SIP revisions approved by the EPA under the 1-hour ozone NAAQS continue
to represent adequate RACT control levels for 1997 8-hour ozone NAAQS
attainment purposes, or through the adoption of new or more stringent
regulations that represent RACT control levels.\4\
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\3\ ``Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2,'' (70 FR 71612, November 29, 2005).
\4\ For more information, see the preamble of the final Phase 2
Ozone Implementation Rule for a discussion of the EPA's
interpretation of the CAA RACT requirements for the 1997 8-hour
ozone NAAQS, in 70 FR 71652 through 71659 (November 29, 2005).
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II. Summary of Proposed SIP Revision
On October 7, 2016 (81 FR 69687), the EPA took final action to
approve SIP revisions that were submitted by PADEP on behalf of AMS in
order to satisfy RACT requirements of the 1997 ozone NAAQS applicable
to sources located in Philadelphia. Included in that approval were
source-specific requirements applicable to three 295 horsepower
Caterpillar engines located at PGW Richmond. Specifically, Condition
1(B)(2) of AMS' July 9, 2015 RACT Plan Approval required that the
timing of the engines be set and maintained at four degrees retarded
relative to the standard timing.\5\
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\5\ PGW RACT Plan Approval, 1/9/2015.
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On September 7, 2023, PADEP submitted to the EPA for approval, a
SIP package that contains a revision to Pennsylvania's SIP to amend the
source-specific RACT requirements for PGW Richmond by removing
condition 1(B)(2). In this submittal, PADEP indicated that Condition
1(B)(2) was mistakenly included in the RACT Plan Approval for PGW
Richmond. 25 Pennsylvania Code (Pa. Code) 129.93(c) contains a list of
source types that are required to meet RACT through the ``. . .
installation, maintenance and operation of the source in accordance
with manufacturers specifications.'' Condition 1(B)(2) appears to have
been included in order to constrain the engines in such a way that they
would be subject to the presumptive RACT requirements of 25 Pa. Code
129.93(c). However, the engines as installed did not have timing as
described in 25 Pa. Code 129.93(c)(3). Modifying the timing to 4
degrees retarded relative to standard timing would damage the engines
and would be contrary to the presumptive RACT requirement the condition
was intended to meet (i.e., installation in accordance with
manufacturers specifications). Furthermore, based on the permitted use
of the three Caterpillar Engines 135GU 295 horsepower Units at PGW
Richmond, AMS determined that the three emission units meet the
criteria of 25 Pa. Code 129.93(c)(5), and are therefore still subject
to the presumptive RACT requirement to install, maintain and operate
the engines in accordance with manufacturer's specifications.
Removing Condition 1(B)(2) from the PGW Richmond RACT Plan Approval
results in no change of emission allowances under RACT because the RACT
requirement of 25 Pa. Code section 129.93(c) is the same for source
categories listed in 25 Pa. Code section129.93(c)(3) and (c)(5).
Updating this source type will remove the source as a case-by-case RACT
requirement from the Pennsylvania SIP.
III. Proposed Action
The EPA's review of the materials indicate that Condition 1(B)(2)
should be removed from the Philadelphia RACT Plan Approval for PGW
Richmond that was previously incorporated into the Pennsylvania SIP.
The EPA proposes to approve the Pennsylvania SIP revision, which was
submitted on September 7, 2023. The EPA is soliciting public comments
on the issues discussed in this document. These comments will be
considered before taking final action.
IV. Incorporation by Reference
In this document, the EPA proposes to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the revised RACT Plan Approval for PGW Richmond, as described
in section II of this document. The EPA has made, and will continue to
make, these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a>
and at the EPA Region III Office (please contact the person identified
in the For Further Information Contact section of this preamble for
more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
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:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and
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recordkeeping requirements, Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-02381 Filed 2-5-26; 8:45 am]
BILLING CODE 6560-50-P
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