Rule2026-10771
Air Plan Approval; Pennsylvania; 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
May 29, 2026
Effective
June 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision updates the reasonably available control technology (RACT) Plan for the Philadelphia Gas Works, Richmond Plant (PGW Richmond) by removing a condition from the RACT Plan Approval that was incorporated into Pennsylvania's SIP on October 7, 2016. The proposed revision results in no change of emission allowances under RACT. The EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31920-31922]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10771]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-2831; FRL-13067-02-R3]
Air Plan Approval; Pennsylvania; 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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision updates the
[[Page 31921]]
reasonably available control technology (RACT) Plan for the
Philadelphia Gas Works, Richmond Plant (PGW Richmond) by removing a
condition from the RACT Plan Approval that was incorporated into
Pennsylvania's SIP on October 7, 2016. The proposed revision results in
no change of emission allowances under RACT. The EPA is approving this
revision to the Pennsylvania SIP in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on June 29, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-2831. All documents in the docket are
listed on the website. 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
<a href="http://www.regulations.gov">www.regulations.gov</a> FOR FURTHER INFORMATION CONTACT section for
additional availability information.
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#304051495e551e5b5144585142595e55705540511e575f46"><span class="__cf_email__" data-cfemail="a5d5c4dccbc08bcec4d1cdc4d7cccbc0e5c0d5c48bc2cad3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On February 6, 2026 (91 FR 5398), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, the EPA proposed approval of a revision to the Pennsylvania SIP
to amend source-specific RACT requirements for the 1997 8-hour ozone
National Ambient Air Quality Standards (NAAQS) for a source in
Philadelphia. As discussed in more detail in section II of this
preamble, the revision updates the RACT requirements for the
Philadelphia Gas Works, Richmond Plant (PGW Richmond) by removing a
condition from the RACT Plan Approval that was previously incorporated
into Pennsylvania's SIP. The proposed revision results in no change of
emission allowances under RACT. The formal SIP revision was submitted
by the Pennsylvania Department of Environmental Protection (PADEP), on
behalf of the City of Philadelphia, Department of Public Health, Air
Management Services (AMS), on September 7, 2023.
For additional background information on this action, please refer
to the NPRM.
II. Summary of SIP Revision and the EPA Analysis
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.
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 four
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. EPA's Response to Comments Received
The EPA received one comment in response to the NPRM. The comment
was outside the scope of the rulemaking. As such, the comment does not
require a response by the EPA.
IV. Final Action
The EPA is approving the revision to Philadelphia Gas Works,
Richmond Plant Reasonably Available Control Technology Plan Under the
1997 8-Hour Ozone National Ambient Air Quality Standards as a revision
to the Pennsylvania SIP.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
revised RACT Plan Approval for PGW Richmond, as described in section II
in this preamble. 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). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
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
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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VI. 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, the EPA's role is to approve state
choices,
[[Page 31922]]
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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).
This rule is exempt from the Congressional Review Act because it is
a rule of particular applicability.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 28, 2026. 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 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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. Amend Sec. 52.2020, the table in paragraph (d)(1) by revising the
entry ``Philadelphia Gas Works--Richmond Plant'' to read as follows:
Sec. 52.2020 Identification of plan.
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(d) * * *
(1) * * *
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Additional
explanation/
State Sec. Sec.
Name of source Permit No. County effective EPA approval 52.2063
date date citation and
52.2064
citations \1\
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* * * * * * *
Philadelphia Gas Works-- PA-51-4922 Philadelphia......... 1/09/15 5/29/2026, 91 Supersedes
Richmond Plant. FR [INSERT previously
Federal approved RACT
Register PAGE permit.
WHERE THE
DOCUMENT
BEGINS].
* * * * * * *
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\1\ The cross-references that are not Sec. 52.2064 are to material that pre-dates the notebook format. For
more information, see Sec. 52.2063.
* * * * *
[FR Doc. 2026-10771 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P
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