# Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Control Technique Guidelines (CTG) Under the 2008 and 2015 Ozone National Ambient Air Quality Standards (NAAQS) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2026-14325 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** July 16, 2026 - **Citation:** 91 FR 43577 ## Text ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2026-3764; FRL-13384-02-R3] Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Control Technique Guidelines (CTG) Under the 2008 and 2015 Ozone National Ambient Air Quality Standards (NAAQS) AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve four state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania received on May 10, 2023, January 20, 2026, February 17, 2026, and April 10, 2026, through the Pennsylvania Department of Environmental Protection (PADEP). The SIP revisions address reasonably available control technology (RACT) requirements for the 2008 and 2015 ozone national ambient air quality standards (NAAQS) relating to control technique guidelines (CTGs) for volatile organic compounds (VOC) via previously adopted CTG regulations, three new CTG regulations and four facilities covered by the CTG for the Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins respectively. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before August 17, 2026. ADDRESSES: Submit your comments, identified by Docket ID No EPA-R03-OAR-2026-3764 at https://www.regulations.gov, or via email to gordon.mike@epa.gov. For comments submitted at Regulations.gov , follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov . 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 www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sean Silverman, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-5511. Mr. Silverman can also be reached via electronic mail at silverman.sean@epa.gov. SUPPLEMENTARY INFORMATION: On January 20, 2026 PADEP submitted a revision to its SIP certifying that through a combination of: (1) regulations previously approved into the SIP; (2) regulations proposed to be approved into the SIP; and (3) portions of redacted permits proposed to be incorporated into the SIP that RACT is being implemented for VOC sources covered by a CTG to meet Pennsylvania's RACT requirements under the CAA and implementing regulations for the 2008 and 2015 Ozone NAAQS. PADEP submitted four SIP revisions to accomplish this (herein collectively referred to as the VOC CTG RACT SIP). A description of these submissions is summarized below. On May 10, 2023, PADEP submitted the first of the four revisions to its SIP establishing RACT requirements to control VOC emissions from sources covered by the following CTGs: (1) Shipbuilding and Ship Repair Operations (Surface Coating), 61 FR 44050 (August 27, 1996); 1 (2) Large Petroleum Dry Cleaners, EPA-450/3-82-009; 2 (3) Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment, EPA-450/3-83-006; 3 (4) Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry (SOCMI), EPA-450/3-84-015; 4 and (5) Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry, EPA-450/4-91-031. 5 1 The CTG for Shipbuilding and Ship Repair Operations (Surface Coating) has no standalone document, it is a combination of the information in 61 FR 44050 (Aug. 27, 1996) and the previously published ACT. Alternative Control Technology Document—Surface Coating Operations at Shipbuilding and Ship Repair Facilities. 2 Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners. 3 Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. 4 Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry. 5 Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry. On January 20, 2026, a second SIP submission was received which contained supporting analysis for all four SIP submissions demonstrating that the submittals meet VOC CTG RACT requirements for the 2008 and 2015 Ozone NAAQS. The bulk of this submission relates to PADEP's previously adopted regulations and associated analysis. On February 17, 2026, a third SIP submission was received containing portions of three redacted permits for specific facilities. In lieu of adopting new regulations to address VOC CTG RACT from manufacturing high density polyethylene, polypropylene and polystyrene resins (CTG EPA 450-3-83-008, November 1983), 6 PADEP seeks to incorporate by reference into the Pennsylvania SIP portions of redacted permits for each source subject to this CTG. The February 17, 2026 SIP submission certifies that these redacted permits contain conditions that are consistent with or more stringent than the CTG and implement VOC CTG RACT Requirements for these sources for the 2008 and 2015 Ozone NAAQS. The February 17th submission contained the redacted permits for Multiplastic Extrusions Hazelton (permit 40-00083), Rohm & Haas Co Bristol (permit 09-00015), and Shell Chemical Appalachia (permit 04-00740). 6 See Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=000029VI.txt. On April 10, 2026, a fourth SIP submission was received from PADEP certifying that a permit for the BASF Monaca Plant (permit 04-00306), which was submitted to and approved by the EPA as RACT for the 1997 ozone NAAQS, meets or exceeds the CTG for controlling VOC emissions from manufacturing high density polyethylene, polypropylene and polystyrene resins (EPA-450/3-83-008, November 1983) and remains sufficient to implement VOC CTG RACT for the 2008 and 2015 ozone NAAQS. As explained below, the EPA is proposing to approve each of these four SIP revisions. Based on this proposed approval, in the Rules and Regulations section in this Federal Register , the EPA is simultaneously issuing an interim final determination (IFD) that Pennsylvania's four SIP revisions address the deficiencies cited as the basis of the EPA's August 16, 2024 final disapproval (August 2024 disapproval) of certain portions of Pennsylvania's 2008 VOC CTG RACT regulations. The effect of the IFD is to stay emission offset sanctions and defer the imposition of highway funding sanctions triggered by the EPA's August 2024 disapproval of a prior Pennsylvania SIP submission addressing VOC CTG RACT for the 2008 ozone NAAQS. Comments on the IFD should be submitted in accordance with the instructions in that action. I. Background A. Ozone NAAQS and RACT Requirements On July 18, 1997, the EPA promulgated a revised standard for ground level ozone based on 8-hour average concentrations. 7 The 8-hour averaging period replaced the previous 1-hour averaging period adopted in 1979, and the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. On March 27, 2008, the EPA further strengthened the 8-hour ozone standards from 0.08 ppm to 0.075 ppm (2008 8-hour ozone NAAQS). 8 On October 26, 2015, the EPA adopted another revision to the ozone standard by strengthening the 8-hour ozone standards to 0.070 ppm (2015 ozone NAAQS), but the 2008 ozone standard remains in effect. 9 This action concerns VOC CTG RACT requirements, described in more detail below, under both the 2008 and 2015 8-hour NAAQS. 7 See 62 FR 38856 (July 18, 1997). 8 See 73 FR 16436 (March 27, 2008). 9 See 80 FR 65292 (Oct. 26, 2015). The CAA addresses emissions of NO X and VOC to prevent photochemical reactions that result in ozone formation. Section 182(b)(2) of the CAA requires states with ozone nonattainment areas classified as Moderate or higher to submit a SIP revision requiring the implementation of RACT. The EPA has consistently defined “RACT” as the lowest emission limit that a particular source is capable of meeting by the application of the control technology that is reasonably available considering technological and economic feasibility. 10 10 See memorandum from Roger Strelow, Assistant Administrator for Air and Waste Management, to Regional Administrators, “Guidance for Determining Acceptability of SIP Regulations in Non-Attainment Areas,” and 44 FR 53761, 53762 (Sept. 17, 1979). The CAA requires RACT revisions for three specific categories of sources for the ozone NAAQS. First, CAA section 182(b)(2)(A) requires RACT for each category of VOC sources in the nonattainment area covered by a CTG document issued by the EPA between November 15, 1990 and the date of attainment. 11 Second, CAA section 182(b)(2)(B) requires RACT for all VOC sources in the area covered by any CTG issued before November 15, 1990. Third, CAA section 182(b)(2)(C) requires RACT for all other major stationary sources of VOC located in the nonattainment area. In addition, CAA section 182(f) subjects major stationary sources of NO X to the same RACT requirements applicable to major stationary sources of VOC. 12 The EPA has not issued any CTGs for categories of NO X sources, so the effect of CAA section 182(f) is to require that SIPs also mandate RACT for major stationary sources of NO X in accordance with CAA section 182(b)(2)(C). The ozone RACT requirements under CAA section 182(b)(2) are usually referred to as VOC CTG RACT, non-CTG VOC RACT, and major NO X RACT. In addition, section 184(a) of the CAA established an Ozone Transport Region (OTR) comprised of 12 eastern states, including all of Pennsylvania, and the District of Columbia. CAA section 184(b)(1)(B) requires implementation of RACT with respect to all sources of VOCs in an OTR state that are covered by a CTG issued before or after November 15, 1990. These OTR RACT requirements for CTG sources apply throughout the Commonwealth of Pennsylvania. 11 The EPA provides states with guidance concerning what types of controls could constitute RACT for a given source category through the issuance of CTG and alternative control technique (ACT) documents. 12 A “major source” is defined based on the source's potential to emit NO X or VOC, and the applicable ton per year emission thresholds defining a “major” source differ based on the classification of the nonattainment area in which the source is located. See sections 182(c) through (f) and 302 of the CAA. On March 6, 2015, the EPA published a final rule that outlined the obligations related to required SIP requirements for the 2008 8-hour ozone NAAQS. 13 This proposed rulemaking, herein referred to as the “2008 ozone implementation rule,” contained, among other things, a description of the EPA's expectations for states with RACT obligations. The 2008 ozone implementation rule indicated that states could meet RACT with: (1) the establishment of new or more stringent requirements that meet RACT control levels; (2) a certification that previously adopted RACT controls in their SIP, under a prior ozone NAAQS, represent adequate RACT control levels for the 2008 8-hour ozone NAAQS; or (3) a combination of these two approaches. In addition, a State could submit a negative declaration in instances where, for a particular CTG, there are no sources within the State covered by that CTG. 14 13 See 80 FR 12264 (March 6, 2015). 14 See 80 FR 12264, 12278, 12280 (March 6, 2015). In the EPA's 2008 ozone implementation rule, the Agency explains that “states should refer to the existing CTGs and ACTs for purposes of meeting their RACT requirements, as well as all relevant information (including recent technical information and information received during the public comment period) that is available at the time that they are developing their RACT SIPs. . . .” 15 The EPA's Implementation Rule for the 2015 ozone NAAQS retains the existing general 2008 RACT requirements. 16 15 See 80 FR 12264, 12279 (March 6, 2015). 16 See 83 FR 62998, 63007 (Dec. 6, 2018). B. Challenge to Approval, Court Proceedings, Voluntary Remand, Reconsideration and Partial Disapproval On August 13, 2018, PADEP submitted to the EPA two SIP revisions to satisfy certain RACT requirements for sources of VOC emissions required by sections 182(b)(2) and 184(b)(l)(B) of the CAA and the implementing regulations for the 2008 8-hour ozone NAAQS. 17 17 See 80 FR 12264 (March 6, 2015); 40 CFR part 51, subpart AA. On December 14, 2020, the EPA published a full approval of PADEP's two August 13, 2018 SIP submittals. 18 The approval was challenged in the U.S. Court of Appeals for the Third Circuit, and on September 3, 2021, that court granted the EPA's request for remand without vacatur of the Agency's final full approval. 19 18 See 85 FR 80616 (Dec. 14, 2020). 19 A copy of the court order is located in the docket for this action. Docket Id. EPA-R03-OAR-2026-3764 in regulations.gov. A petitioner filed litigation in the Eastern District of Pennsylvania on May 16, 2023, arguing the EPA had unreasonably delayed in its reconsideration of the final approval of the August 13, 2018 SIP submittals. On December 15, 2023, the court filed a consent decree requiring that the EPA complete its reconsideration of the December 14, 2020 final rule by November 15, 2024. 20 20 A copy of the court order is located in the docket for this action. Docket Id. EPA-R03-OAR-2026-3764 in regulations.gov. After reconsideration, the EPA partially approved and partially disapproved the August 13, 2018 submittals on August 16, 2024 (August 2024 disapproval). 21 Specifically, the EPA approved certain clarifying amendments as well as a negative declaration submitted by PADEP. The EPA disapproved the remainder of both SIP submittals related to CTGs and control of VOC emissions from industrial cleaning solvents for the 2008 8-hour ozone NAAQS. In that disapproval, the EPA determined that it erred in previously approving the VOC CTG RACT portion of PADEP's RACT certification SIP, as the record did not provide sufficient support that the regulations identified by PADEP implemented the VOC CTG RACT requirements of the 2008 8-hour ozone NAAQS. As clarified in the 2008 implementation rule, RACT analyses should consider any technical advances since previous approvals of the RACT rules and provide evidence that other relevant information, including recent technical information and information available at the time of adoption, were considered to determine RACT. 22 PADEP did not provide this analysis in the August 2018 submittals. The EPA therefore concluded that PADEP's SIP submittals did not fully evaluate VOC RACT CTG requirements. See the EPA's Notice of Proposed Rulemaking and Final Rulemaking for that action for a complete discussion of these issues. 23 21 See 89 FR 66599 (Aug. 16, 2024). 22 As explained in this document, EPA defines RACT as the lowest emission limit that a particular source is capable of meeting by the application of the control technology that is reasonably available considering technological and economic feasibility. 23 See 89 FR 43359 (May 17, 2024) and 89 FR 66599 (Aug. 16, 2024). The EPA's August 2024 disapproval action commenced a sanctions clock under CAA section 179, providing for emission offset sanctions for new or modified sources within the Commonwealth if the EPA has not fully approved a revised plan within 18 months of the effective date of the final disapproval (March 16, 2026), and providing for highway funding sanctions in affected nonattainment areas if the EPA has not fully approved a revised plan within six months of the imposition of offset sanctions (September 16, 2026). The sanctions clock can be stopped only if the conditions of the EPA's regulations at 40 CFR 52.31 are met. However, as referenced above, in a separate action concurrent with this proposed approval, the EPA has issued an IFD that Pennsylvania's SIP Revisions submitted on May 10, 2023, January 20, 2026, February 10, 2026 and April 10, 2026 resolve the deficiencies which the EPA cited in the August 2024 disapproval action specific to VOC CTG RACT for the 2008 8-hour ozone NAAQS. The IFD stays the emission offset sanctions and defers the imposition of highway funding sanctions triggered by the EPA's August 2024 disapproval. Pursuant to CAA section 110(c)(1)(B), August 2024 disapproval also initiated an obligation for the EPA to promulgate a Federal implementation plan (FIP) within 24 months unless PADEP has submitted, and the EPA has fully approved, a plan addressing the applicable VOC CTG RACT requirements. II. Summary of SIP Revision and the EPA Analysis A. Certifying Adopted Control Technique Guidelines Regulations as VOC CTG RACT In this section, the EPA outlines its review, analysis and conclusions regarding PADEP's previously adopted VOC CTG RACT regulations addressed in the January 20, 2026 submission as well as its newly adopted CTG regulations addressed in the May 10, 2023 submission. PADEP performed, and the EPA evaluated and supplemented a RACT due diligence analysis, described in more detail below. The EPA's analysis and supplemented information is available in the EPA's technical support document (TSD). PADEP's original analysis for both the previously adopted and newly adopted regulations is available in appendices A-2 and B-2 of the Commonwealth's January 20, 2026 SIP submission. 24 The EPA has not identified any new control technologies that are reasonably available considering technological and economic feasibility for these sources. Pursuant the EPA's review of PADEP's submissions, the EPA is proposing to determine that the VOC controls for the CTG categories in table 1, in this document, that were addressed in previously adopted regulations, still represent VOC CTG RACT for implementing the 2008 and 2015 ozone NAAQS in the Commonwealth of Pennsylvania. 25 24 These documents are located in the docket for this action. Docket Id. EPA-R03-OAR-2026-3764 in regulations.gov. 25 See section A of the EPA's TSD located in the docket for this action for supporting analysis. Docket Id. EPA-R03-OAR-2026-3764 in regulations.gov. On October 1, 2024, the EPA approved Pennsylvania's VOC CTG RACT regulation for the Oil and Natural Gas Industry (EPA -453/B-16-001, October, 2016). 26 Pennsylvania submitted this regulation in response to a November 16, 2020, and a December 16, 2021 Finding of Failure to Submit. 27 The EPA's approval occurred after the August 2024 disapproval. This approval satisfies Pennsylvania's Oil and Gas CTG requirements for the 2008 and 2015 Ozone NAAQS, see docket EPA-R03-OAR-2023-0300 for details. As a SIP approved regulation is already in place for this CTG, the EPA will not take action on PADEP's Oil and Gas CTG regulation in this proposed rulemaking. 26 See 89 FR 79752 (Oct. 1, 2024). 27 The finding of failure to submit for the EPA 2016 Oil and Gas CTG for the 2008 NAAQS was issued and published on Nov. 16, 2020 (85 FR 72963), with an effective date of Dec. 16, 2020, and for the 2015 NAAQS on Dec. 16, 2021 (86 FR 71385), with an effective date of Jan. 18, 2022. Table 1—Previously Approved VOC CTG RACT Regulations in Pennsylvania CTG source category Pa. regulation title 25. environmental protection, chapter 129 RACT basis cocument SIP revision approved by the EPA (date and citation) 1. Surface Coating of Cans 2. Surface Coating of Coils. 3. Surface Coating of Paper. 4. Surface Coating of Fabrics. 5. Surface Coating of Automobiles and Light Duty-Trucks. 6. Surface Coating of Metal Furniture. 7. Surface Coating for Insulation of Magnet Wire. 8. Surface Coating of Large Appliances. 9. Surface Coating of Miscellaneous Metal Parts and Products. SOURCES OF VOC: Section 129.52.—Surface coating processes 28 CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light Duty-Trucks, EPA-450/2-77-008, May 1977 CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume III: Surface Coating of Metal Furniture, EPA-450/2-77-032, December 1977. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume IV: Surface Coating for Insulation of Magnet Wire, EPA-450/2-77-033, December 1977. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume V: Surface Coating of Large Appliances, EPA-450/2-77-034, December 1977. CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume VI: Surface Coating of Miscellaneous Metal Parts and Products, EPA-450/2-78-015, June 1978. 7/20/01, 66 FR 37908. 8/24/11, 76 FR 52870. 8/10/18, 83 FR 39600. 10. Large Appliance Coatings (2007) 11. Metal Furniture Coatings (2007) SOURCES OF VOC: Section 129.52a—Control of VOC emissions from large appliance and metal furniture surface coating processes CTG: Control Techniques Guidelines for Large Appliance Coatings U.S. EPA 453/R-07-004 September 2007 CTG: Control Techniques Guidelines for Metal Furniture Coatings, EPA 453/R-07-005, September 2007 8/24/11, 76 FR 52870. 12. Paper, Film, and Foil Coatings (2007) SOURCES OF VOC: Section 129.52b—Control of VOC emissions from paper, film and foil surface coating processes CTG: Control Techniques Guidelines for Paper, Film, and Foil Coatings EPA 453/R-07-003 September 2007 3/4/11, 76 FR 11983. 5/23/11, 76 FR 29649. 13. Surface Coating of Flat Wood Paneling (1978) 14. Flat Wood Paneling Coating (2006). SOURCES OF VOC: Section 129.52c—Control of VOC emissions from flat wood paneling surface coating processes CTG: Control of Volatile Organic Emissions from Existing Stationary Sources Volume- VII: Factory Surface Coating of Flat Wood Paneling, EPA-450/2-78-032 June 1978 29 CTG: Control Techniques Guidelines for Flat Wood Paneling Coatings, EPA 453/R-06-004 September 2006 6/2/11, 76 FR 31856. 15. Miscellaneous Metal Products Coating (2008) 16. Plastic Parts Coating (2008). SOURCES OF VOC: Section 129.52d.—Control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings CTG: Control Techniques Guidelines for Miscellaneous Metal Products and Plastic Parts Coatings EPA-453/R-08-003 September 2008 8/10/18, 83 FR 39604. 17. Automobile and Light Duty-Truck Assembly Coating (2008) SOURCES OF VOC: Section 129.52e.—Control of VOC emissions from automobile and light duty-truck assembly coating operations and heavier vehicle coating operations CTG: Control Techniques Guidelines for Automobile and Light Duty—Truck Assembly Coatings EPA-453/R-08-006 September 2008 3/23/18, 57 FR 12673. 18. Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds SOURCES OF VOC: Section 129.55.—Petroleum refineries—specific sources CTG: Control of Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds, EPA-450/2-77-025, October 1977 01/19/83, 48 FR 2319. 19. Petroleum Liquid Storage in External Floating Roof Tanks 20. Petroleum Liquids in Fixed Roof Tanks. SOURCES OF VOC: Section 129.56.—Storage tanks greater than 40,000 gallons capacity containing VOCs CTG: Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks, EPA-450/2-78-047, December 1978 CTG: Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed Roof Tanks, EPA-450/2-77-036, December 1977 07/26/00, 65 FR 45920. 21. Petroleum Liquid Storage in External Floating Roof Tanks 22. Petroleum Liquids in Fixed Roof Tanks. SOURCES OF VOC: Section 129.57.—Storage tanks less than or equal to 40,000 gallons capacity containing VOCs 30 CTG: Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks, EPA-450/2-78-047, December 1978 CTG: Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed Roof Tanks, EPA-450/2-77-036, December 1977. 01/19/83, 48 FR 2319. 23. Leaks from Petroleum Refinery Equipment SOURCES OF VOC: Section 129.58.—Petroleum refineries—fugitive sources CTG: Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment, EPA-450/2-78-036, June 1978 07/27/84, 49 FR 30183. 24. Tank Truck Gasoline Loading Terminals SOURCES OF VOC: Section 129.59.—Bulk gasoline terminals CTG: Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals, EPA-450/2-77-026, October 1977 5/13/93, 58 FR 28362. 25. Equipment Leaks from Natural Gas/Gasoline Processing Plants Control of VOC Emissions from Unconventional Oil and Natural Gas Sources Sections 129.121—129.130. Control of VOC Emissions from Conventional Oil and Natural Gas Sources Sections 129.131-129.140. New Source Performance Standards (NSPS)—Subparts KKK, OOOO, OOOOa, VV, and VVa (as incorporated by reference in 25 Pa. Code Chapter 122). CTG: Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants, EPA-450/3-83-007 1983/12 CTG: Control Techniques Guidelines for the Oil and Natural Gas Industry, EPA-453/B-16-001 2016/10. 10/1/24, 89 FR 79752. Notably, this approval satisfying requirements for the 2008 and 2015 Ozone NAAQS was finalized after the August 2024 disapproval. See docket EPA-R03-OAR-2023-0300 for details. 26. Bulk Gasoline Plants SOURCES OF VOC: Section 129.60.—Bulk gasoline plants CTG: Control of Volatile Organic Emissions from Bulk Gasoline Plants, EPA-450/2-77-035, December 1977 5/13/93, 58 FR 28362. 27. Stage I Vapor Control System SOURCES OF VOC: Section 129.61.—Small gasoline storage tank control (Stage I control) SOURCES OF VOC: Section 129.61a—Vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control. CTG: Design Criteria for Stage I Vapor Control Systems—Gasoline Service Stations, November 1975 5/13/93, 58 FR 28362. 28. Leaks from Gasoline Tank Trucks and Vapor Collection Systems SOURCES OF VOC: Section 129.62.—General standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks CTG: Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals, EPA-450/2-77-026, December 1977 CTG: Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems, EPA-450/2-78-051, December 1978. 12/22/94, 59 FR 65971. 29. Solvent Metal Cleaning SOURCES OF VOC: Section 129.63.—Degreasing operations CTG: Control of Volatile Organic Emissions from Solvent Metal Cleaning, EPA-450/2-77-022, November 1977. ACT Document—Halogenated Solvent Cleaners, EPA-450/3-89-030, August 1989. 1/16/03, 68 FR 2208. 30. Industrial Cleaning Solvents (2006) SOURCES OF VOC: Section 129.63a.—Industrial cleaning solvents CTG: Control of Volatile Organic Compounds from the use of Industrial Cleaning Solvents, EPA 453/R-06-001, September 2006 12/14/20, 85 FR 80624. 31. Cutback Asphalt SOURCES OF VOC: Section 129.64.—Cutback asphalt paving CTG: Control of Volatile Organic Compounds from Use of Cutback Asphalt, EPA-450/2-77-037, December 1977 7/27/84, 49 FR 30183. 32. Graphic Arts—Rotogravure and Flexography SOURCES OF VOC: Section 129.67.—Graphic arts systems CTG: Control of Volatile Organic Emissions from Existing Stationary Sources, Volume VIII: Graphic Arts—Rotogravure and Flexography, EPA-450/2-78-033, December 1978 8/10/18, 83 FR 39600. 33. Flexible Package Printing (2006) SOURCES OF VOC: Section 129.67a.—Control of VOC emissions from flexible packaging printing presses Updated: Control Techniques Guidelines for Flexible Package Printing, EPA 453/R-06-003, September 2006 6/25/2015, 80 FR 36482. 34. Offset Lithographic Printing and Letterpress Printing Materials (2006) SOURCES OF VOC: Section 129.67b.—Control of VOC emissions from offset lithographic printing presses and letterpress printing presses CTG: Control of Volatile Organic Emissions from Offset Lithographic Printing and Letterpress Printing, EPA 453/R-06-002, September 2006 6/25/16, 80 FR 36482. 35. Manufacture of Synthesized Pharmaceutical Products SOURCES OF VOC: Section 129.68.—Manufacture of synthesized pharmaceutical products CTG: Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products, 450/2-78-029, December 1978 5/13/1993, 58 FR 28362. 36. Pneumatic Rubber Tires SOURCES OF VOC: Section 129.69.—Manufacture of pneumatic rubber tires CTG: Control of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires, EPA-450/2-78-030, December 1978 12/22/94, 59 FR 65971 37. Manufacture of High-density-Polyethylene, Polypropylene, and Polystyrene Resins 38. Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment SOURCES OF VOC: Section 129.71.—Synthetic organic chemical and polymer manufacturing—fugitive sources CTG: Control of Volatile Organic Compound Emissions from Manufacture of High-density-Polyethylene, Polypropylene, and Polystyrene Resins, EPA-450/3-83-008, November 1983 CTG: Control of Volatile Organic Compound Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment, EPA-450/3-83-006, March 1984. 12/22/94, 59 FR 65971. 39. Aerospace SOURCES OF VOC: Section 129.73.—Aerospace manufacturing and rework CTG: Aerospace (CTG & MACT) (see 59 FR 29216, June 6, 1994); CTG (Final), EPA-453/R-97-004, December 1997 12/14/20, 85 FR 80624. 40. Fiberglass Boat Manufacturing Materials (2008) SOURCES OF VOC: Section 129.74.—Control of VOC emissions from fiberglass boat manufacturing materials CTG: Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials, EPA-453/R-08-004, September 2008 8/17/16, 81 FR 54744. 41. Miscellaneous Industrial Adhesives (2008) SOURCES OF VOC: Section 129.77.—Control of emissions from the use or application of adhesives, sealants, primers and solvents CTG: Miscellaneous Industrial Adhesives, EPA-453/R-08-005 September 2008 6/25/2015, 80 FR 36482. 42. Wood Furniture WOOD FURNITURE MANUFACTURING OPERATIONS: Sections 129.101-129.107 CTG: Wood Furniture (CTG-MACT)—draft MACT out 5-94; Final CTG, EPA-453/R-96-007, April 1996; see also 61 FR 25223, and, 61 FR 50823, September 27, 1996 7/20/01, 66 FR 37908. The EPA is also proposing to determine that based on its review of PADEP's analysis, the State regulations contained in the May 10, 2023 SIP submission (see table 2 in this document) are sufficient to implement VOC CTG RACT requirements for the 2008 and 2015 Ozone Standards for SOCMI, Shipbuilding and Large Petroleum Dry Cleaning Categories. 31 The rationale is provided in the EPA's TSD and PADEP's analysis is available in the Commonwealth's January 20, 2026 SIP submission. Pennsylvania has no existing Large Petroleum Dry Cleaning facilities and an approved negative declaration. 32 The negative declaration from the EPA's December 14, 2020 approval was retained, not disapproved, in the EPA's August 16, 2024 reconsideration. 33 Pennsylvania is reaffirming in the January 20, 2026 submission that there are no existing sources in this category and that the negative declaration remains. See PADEP's “2015 RACT Certification Document” Section 7, in PADEP's January 20, 2026 submission for supporting information. 34 28 The CTG regulations for wood furniture coating and ship building are listed in table 1, CTG source category 42 of this document and table 2, CTG source category 46. 29 The EPA approved PADEP's RACT SIP revision under the 1997 ozone NAAQS, including a negative declaration for this CTG on July 7, 2017 (82 FR 31464). PADEP's SIP revision noted that eight (8) sources previously coded in PADEP's stationary source inventory as flat wood paneling were re-coded in the 2005 Air Information Management System (AIMS) to correctly reflect their operations as wood furniture and cabinet manufacturing. Pennsylvania's CTG based rule for flatwood paneling surface coating processes, 25 Pa. Code § 129.52c, was based on the 2006 CTG for Flat Wood Paneling Coating which is more stringent than the 1978 CTG for Surface Coating of Flat Wood Paneling. 30 These are being approved as SIP strengthening measures, see section B number 21 and 22 of EPA's TSD located in the docket for this action for supporting analysis. Docket Id. EPA-R03-OAR-2026-3764 in regulations.gov. 31 See section B of the EPA's TSD located in the docket for this action for supporting analysis. Docket Id. EPA-R03-OAR-2026-3764 in regulations.gov. 32 See 85 FR 80616, 80617 (Dec. 14, 2020). 33 See 89 FR 66599, 66600 (Aug. 16, 2024). 34 See section 7 of PADEP's “2015 RACT SIP Certification Document” located in the docket for this action. Docket Id. EPA-R03-OAR-2026-3764 in regulations.gov. Table 2—New VOC CTG RACT Regulations for SOCMI, Shipbuilding and Large Petroleum Dry Cleaners CTG source category Pa. regulation title 25. environmental protection, chapter 129 RACT basis document SIP revision approved by the EPA (date and citation) 43. SOCMI Distillation and Reactor Processes SOURCES OF VOC: Section 129.71—Synthetic organic chemical and polymer manufacturing—fugitive sources SOURCES OF VOC: Added new section 129.71a—Control of VOC emissions from the synthetic organic chemical manufacturing industry—air oxidation, distillation and reactor processes CTG: Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/4-91-031, August 1993 Submission date: 5/12/23. PADEP is requesting that EPA approves and incorporates amended 25 Pa. Code Chapter 121.1, and newly added 25 Pa. Code 129.71a as part of the Commonwealth's SIP. 25 Pa. Code 129.71 is already approved into the SIP, as noted in Table 1. 44. Large petroleum dry cleaners SOURCES OF VOC: Pennsylvania added new section 25 Pa. Code Chapter 129.63b CTG: Control of VOC emissions from large petroleum dry cleaners EPA-450/3-82-009, September 1982 Submission date: 5/12/23. PADEP is requesting that EPA approves and incorporates 25 Pa. Code Chapter 129.63b as part of the Commonwealth's SIP. 45. SOCMI Air Oxidation, Processes SOURCES OF VOC: Section 129.71—Synthetic organic chemical and polymer manufacturing—fugitive sources. SOURCES OF VOC: Section 129.71a—Control of VOC emissions from the synthetic organic chemical manufacturing industry—air oxidation, distillation and reactor processes CTG: Control of VOC emissions from the synthetic organic chemical manufacturing industry (SOCMI)—air oxidation, EPA-450/3-84-015, December 1984 Submission date: 5/12/23. PADEP is requesting that EPA approves and incorporates 25 Pa. Code Chapter 129.71a as part of the Commonwealth's SIP. 46. Shipbuilding and ship repair facilities with surface coating operations Pennsylvania amended 25 Pa. Code Chapter 129.52 CTG: Control of VOC emissions from the shipbuilding and ship repair facilities with surface coating operations, 61 FR-44050, August 1996 Submission date: 5/12/23. PADEP is requesting that EPA approves and incorporates amendments made to 25 Pa. Code Chapter 129.52 as part of the Commonwealth's SIP. Pennsylvania conducted its RACT analysis for CTGs by: (1) identifying all applicable categories of CTGs within the Commonwealth; (2) listing the Commonwealth regulation that implements RACT requirements for each CTG; (3) submitting a negative declaration when there are no CTG applicable sources within the Commonwealth; and (4) performing a due diligence analysis on each CTG regulation. Pennsylvania performed the due diligence analyses in accordance with the EPA's December 19, 2024 “Due Diligence Review Framework for Air Agencies Developing RACT SIP Revisions,” to demonstrate that its CTG RACT submittals for the Commonwealth are sufficient to meet VOC CTG RACT requirements under the 2008 and 2015 ozone NAAQS. 35 In Appendix A-2 and B-2 of the January 20, 2026 submission, the Commonwealth details the basis for concluding that its SIP submittals fulfill VOC CTG RACT through comparison with RACT rules developed by other States, CTG documents, results from the review of the RACT/BACT/LAER clearinghouse (RBLC), and other readily available resources. See the EPA's TSD for the EPA's own analysis and summary of PADEP's SIP submission. 35 See Ozone NAAQS Resource Document: Due Diligence Review Framework for Air Agencies Developing RACT SIP Revisions www.epa.gov/ground-level-ozone-pollution/resource-document-air-agencies-developing-ract-sip-revisions-ozone. B. Certifying Permits for Facilities Covered by the CTG for the Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins as VOC CTG RACT Pennsylvania does not have regulations for sources covered by the CTG for the Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins 36 located in the Commonwealth. Rather than adopt categorical rules for sources falling into this CTG category, Pennsylvania requested that the EPA approve specific portions of source-specific, federally enforceable permits for the pertinent facilities for incorporation into the Pennsylvania SIP, listed in table 3, in this document. Three of these permits were submitted to the EPA as a SIP revision on February 17, 2026. 36 See EPA-450/3-83-008, Nov. 1983 available at nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=000029VI.txt. Table 3—Permits for Facilities Covered by the CTG for the Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins [EPA-450/3-83-008] Facility name Permit No. MULTI PLASTICS EXTRUSIONS INC/HAZLETON 40-00083 ROHM & HAAS CO/BRISTOL 09-00015 SHELL CHEMICAL APPALACHIA 04-00740 BASF MONACA * 04-00306 * Previously approved by the EPA as RACT for the 1997 ozone NAAQS (see 66 FR 52705 October 17, 2001). A fourth facility, BASF Monaca (04-00306), was also determined to have equipment subject to this CTG. CTG Requirements for the affected sources in Permit No 04-00306 were previously approved by the EPA as RACT for the 1997 ozone NAAQS at the BASF Monaca Plant. 37 After reviewing the conditions in this permit, PADEP determined that RACT requirements applicable to subject sources at BASF, that are already approved into the SIP for the 1997 ozone NAAQS, remain adequate to implement VOC CTG RACT for the 2008 and 2015 ozone NAAQS. A Certification SIP was submitted to the EPA on April 10, 2026 and was based on the due diligence analysis outlined in section C of the EPA's TSD. 37 See 66 FR 52705, (Oct. 17, 2001). The EPA is proposing to approve specific portions of the initial three permits listed in Table 3, in this document, (40-0083, 09-00015,04-00740) for incorporation into the SIP to fulfill the Commonwealth's VOC CGT RACT requirements for the category of sources covered by the CTG for the Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins for the 2008 and 2015 Ozone NAAQS. These redacted permits that the EPA proposes for incorporation by reference were included in the February 17, 2026 SIP submission. Additionally, the EPA is proposing to determine that the controls in the BASF permit (04-00306), that were previously approved into the SIP to fulfill the 1997 ozone RACT requirements for this CTG, remain VOC CTG RACT for the 2008 and 2015 ozone NAAQS. III. Proposed Action The EPA's review of these materials indicates that PADEP's submittals are adequate to meet the ozone-specific RACT requirements for VOC CTG sources of CAA sections 172(c)(1), 182(b)(2)(A) and (B) and 184(b)(1)(B) of the CAA, for the 2008 and 2015 8-hour ozone NAAQS and are in accordance with CAA section 110. Therefore, the EPA is proposing to approve the four Pennsylvania SIP revisions relating to VOC CTG RACT for the 2008 and 2015 ozone NAAQS, which were submitted on May 10, 2023, January 20, 2026, February 17, 2026, and April 10, 2026. Consistent with this proposed finding, the EPA also proposes that these materials are sufficient to address the deficiencies outlined in the August 2024 disapproval. The following bullets were adapted from the August 2024 disapproval final rule publication in 89 FR 66599, August 16, 2024, section IV, labeled “Final Action.” Accompanying these bullets are a brief explanation of how the May 10, 2023, January 20, 2026, February 17, 2026, and April 10, 2026, submissions address the deficiencies outlined in that disapproval action. • In the August 16, 2024 (89 FR 66599) final rule, the EPA disapproved PADEP's certification that their adoption and implementation of regulations to control VOC emissions is consistent with the EPA's CTGs and represents RACT for these covered CTG sources for the 2008 ozone standard. The EPA determined that it erred in previously approving the CTG portion of PADEP's RACT certification SIP, as there was insufficient support in the record that the identified provisions fulfilled the RACT requirements of the 2008 8-hour ozone NAAQS for CTG sources. The January 20, 2026 submission contains extensive technical analysis for all of the PADEP's VOC CTG RACT regulations. In this action, the EPA is proposing that this analysis is sufficient to demonstrate that these provisions meet VOC CTG RACT requirements for the 2008 and 2015 Ozone NAAQS, thus resolving this issue. • In the August 16, 2024 final rule, the EPA disapproved PADEP's incorporation of specific permit conditions for the purpose of establishing source-specific RACT-level controls for three facilities. Two facilities were subject to the “Shipbuilding/Repair ACT (EPA 453/R-94-032, April 1994) and the EPA's CTG for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR 44050, August 27, 1996)” and one facility was subject to “Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry, EPA-450/3-84-015, December 1984.” Rather than promulgate a rule to address the RACT requirements of those CTGs for only three affected sources, PADEP incorporated the requirements of the CTGs into Federally enforceable permits and submitted the applicable permit limits for incorporation into the SIP. The EPA determined that the record did not support its conclusion that these permits met VOC CTG RACT requirements and disapproved those components of the submission. The May 12, 2023 submission contains new Rules for the Control of VOC emissions from the synthetic organic chemical manufacturing industry (SOCMI) air oxidation, (EPA-450/3-84-015, December 1984), Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry, (EPA 450/4 91 031, August 1993) and Shipbuilding and Ship Repair Facilities with Surface coating operations (See 61 FR-44050 August 1996). The submission also contains extensive technical analysis. The EPA is proposing that these newly adopted regulations and accompanying technical analysis demonstrate that these rules are sufficient to meet VOC CTG RACT for the 2008 and 2015 Ozone Standard, thus resolving this issue. • In the August 16, 2024 final rule, the EPA disapproved the addition of 25 Pa. Code 129.63a (relating to the control of VOC from industrial cleaning solvents (ICS)) and the amendments to 25 Pa. Code sections 121.1 and 129.51, as PADEP's analysis did not look beyond the CTG requirements. PADEP's January 20, 2026 submission contains extensive technical analysis looking at resources beyond the CTG. This analysis can be reviewed in the attached TSD. The EPA is proposing in this action that this analysis demonstrated that PADEP's Industrial Cleaning Solvent CTG is sufficient to meet VOC CTG RACT for the 2008 and 2015 Ozone Standard, thus resolving these issues. The EPA is soliciting public comments on this proposed approval. These comments will be considered before taking final action. IV. Incorporation by Reference In this document, the EPA is proposing 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 amendments to 25 Pa. Code Chapters 121.1, 129.52, and newly added 25 Pa. Code Chapters 129.63b and 129.71a effective January 21, 2023 (see annex A of the May 10, 2023 submission). The EPA is also proposing to incorporate by reference portions of permits described in section II of this document as redacted in Pennsylvania's February 20, 2026 SIP revision. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov 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, the 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: • 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); • Is not an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866; • 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 subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program; • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and • 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Amy Van Blarcom-Lackey, Regional Administrator, Region III. [FR Doc. 2026-14325 Filed 7-15-26; 8:45 am] BILLING CODE 6560-50-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2026-14325. Public record. Not legal advice.