6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0300; FRL-11403-01-R3]
Air Plan Approval; Pennsylvania; Oil and Natural Gas Control Measures for 2008 and
2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve State
implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. The
revisions establish and require reasonably available control technology (RACT) requirements for
the 2008 and 2015 ozone national ambient air quality standards (NAAQS) for each category of
volatile organic compound (VOC) sources in Pennsylvania covered by the EPA’s 2016 control
techniques guidelines (CTG) for the oil and gas industry. EPA is also proposing to approve
Allegheny County, Pennsylvania’s incorporation of the Pennsylvania regulations into the
Allegheny County SIP with minor changes to reference Allegheny County’s existing regulations.
This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before [INSERT DATE 30 DAYS AFTER
DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-OAR-20230300 at www.regulations.gov, or via email to Goold.Megan@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,
EPA may publish any comment received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI) or other information
whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be

accompanied by a written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will generally not consider
comments or comment contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission methods, 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-epadockets.
FOR FURTHER INFORMATION CONTACT: Michael O’Shea, 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) 814-2064. Dr. O’Shea can also be reached via electronic mail at
oshea.michael@epa.gov.
SUPPLEMENTARY INFORMATION: On December 12, 2022, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to its SIP establishing
RACT requirements for the 2008 and 2015 ozone NAAQS to control VOC emissions from
sources covered by EPA’s 2016 CTG for the oil and gas industry. On September 8, 2023, the
Allegheny County Health Department (ACHD) submitted a revision to the Allegheny County
SIP incorporating by reference (IBR) the aforementioned Pennsylvania regulations with minor
modifications to Pennsylvania’s regulations in order to refer to offices, officers, and make proper
cross references to the existing Allegheny County regulations and EPA-approved SIP.
I. Background
A. Final Control Techniques Guidelines for the Oil and Natural Gas Industry
On October 27, 2016, EPA published in the Federal Register the “Final Control
Techniques Guidelines for the Oil and Natural Gas Industry” (EPA’s 2016 Oil and Gas CTG)

(81 FR 74798).1 EPA’s 2016 Oil and Gas CTG provided information to state, local, and Tribal
air agencies to assist them in determining RACT for VOC emissions from select oil and natural
gas industry emission sources. CAA section 182(b)(2)(A) and (B) requires that for ozone
nonattainment areas classified as Moderate or above, states must revise their SIPs to include
provisions to implement RACT for each category of VOC sources covered by a CTG document.
CAA section 184(b)(1)(B) extends this RACT obligation to all areas of states within the Ozone
Transport Region (OTR). EPA classifies nonattainment areas based on the severity of their
ozone problem. Nonattainment areas fall into five categories: Marginal, Moderate, Serious,
Severe, and Extreme. The Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE area is classified as Marginal nonattainment for the 2008 ozone standard, and as
Moderate nonattainment for the 2015 ozone standard. The Allentown-Bethlehem-Easton,
Lancaster, Pittsburgh-Beaver Valley,2 and Reading areas are classified as Marginal
nonattainment for the 2008 ozone standard, and attainment for the 2015 ozone standard.3
Pennsylvania, which includes Allegheny County, is a State within the OTR. See CAA section
184. States subject to RACT requirements are required to adopt controls that represent
reasonably available control technology for sources covered by CTGs either via the adoption of
regulations, or by issuance of single source orders or permits that specify what the source is
required to do to meet RACT. See CAA section 184(b)(1). PADEP, on behalf of the City of
Philadelphia, Department of Public Health, Air Management Services (AMS), previously
submitted a negative declaration, which EPA approved, stating that Philadelphia County
contained no source categories covered by the 1983 Oil and Gas CTG as part of its SIP revision
to address the RACT requirements for the 2008 Ozone national ambient air quality standard.4
B. Findings of Failure to Submit

www.epa.gov/sites/default/files/2016-10/documents/2016-ctg-oil-and-gas.pdf.
www.epa.gov/green-book/green-book-8-hour-ozone-2008-area-information.
3 www.epa.gov/green-book/green-book-8-hour-ozone-2015-area-information.
4 The final rule action satisfying Philadelphia’s VOC RACT requirements for source categories covered by CTGs
for the 2008 Ozone NAAQS was published on October 24, 2019, effective November 25, 2019 (84 FR 56946).
1
On November 16, 2020, and December 16, 2021,5 EPA issued Findings of Failure to
Submit (FFS) which found that certain states, including Pennsylvania, failed to submit SIP
revisions in a timely manner to satisfy the CAA’s RACT requirement for either, or both of, the
2008 and 2015 Ozone NAAQS, to implement RACT for categories of sources addressed by the
EPA’s 2016 Oil and Gas CTG. These findings of failure to submit each established a 24-month
deadline for EPA to either approve SIP revisions or finalize Federal implementation plans (FIPs)
to implement RACT level controls for the categories of sources addressed in the CTG. These
actions also established timelines for the implementation of two mandatory sanctions that would
begin if the named states did not submit complete SIP revisions to address the CTG: (1)
eighteen months after the effective date of these findings, a 2-to-1 offset ratio for the
nonattainment new source review (NSR) permitting program would go into effect, such that for
every unit of VOC or Nitrogen Oxides (NOx) emissions a new or modified source will
contribute to the nonattainment area or OTR state, two units must be reduced; and (2) six months
after the date of offset sanctions, Federal highway funding would be withheld in nonattainment
areas. See 85 FR 72963 at 72965, November 16, 2020.6 Pennsylvania did not submit a SIP
revision to EPA prior to June 16, 2022, so the offset sanctions identified in CAA section
179(b)(2) began June 16, 2022.
On December 12, 2022, PADEP submitted a SIP revision to implement RACT-level
controls on categories of sources addressed by the EPA’s 2016 Oil and Gas CTG to fulfill
obligations associated with the 2008 and 2015 ozone NAAQS.7 On September 8, 2023, PADEP

The finding of failure to submit for the EPA 2016 Oil and Gas CTG for the 2008 NAAQS was issued and
published on November 16, 2020 (85 FR 72963), with an effective date of December 16, 2020, and for the 2015
NAAQS on December 16, 2021 (86 FR 71385), with an effective date of January 18, 2022.
6 Findings of Failure To Submit State Implementation Plan Revisions in Response to the EPA 2016 Oil and Natural
Gas Industry Control Techniques Guidelines for the 2008 Ozone National Ambient Air Quality Standards (NAAQS)
and for States in the Ozone Transport Region, 85 FR 72963 (November 16, 2020).
7 PADEP’s SIP submission is located in the docket for this proposed rulemaking and can be found under Docket ID
Number EPA-R03-OAR-2023-0300 at www.regulations.gov.
submitted a SIP revision on behalf of the ACHD8 which incorporated by reference, with minor
changes, Pennsylvania’s regulations implementing RACT controls for sources covered by EPA’s
2016 Oil and Gas CTG for both the 2008 and 2015 ozone NAAQS. ACHD submitted this
revision so that regulations at the county level could be consistent with regulations at the State
level and in Pennsylvania’s approved SIP. Except for minor modifications, Allegheny County’s
regulation is identical to the Pennsylvania regulations addressing EPA’s 2016 Oil and Gas CTG.
Therefore, EPA’s analysis of Pennsylvania’s Oil and Gas regulation is applicable to ACHD’s
regulation. ACHD’s minor revisions to the Pennsylvania regulations change cross references
from Pennsylvania’s regulations to ACHD’s regulations and substitute Allegheny County offices
and officials for state-level offices and officials referenced in the Pennsylvania regulation. As
such, ACHD relied upon PADEP’s RACT analysis and determinations to support its regulations.
Therefore, references to PADEP’s analysis below also apply to ACHD’s SIP revision.
EPA evaluated Pennsylvania’s December 12, 2022 SIP submittal and determined via a
December 14, 2022 letter to PADEP that it was administratively complete. This completeness
determination rescinded the offset sanctions that took effect on June 16, 2022 as a result of
EPA’s November 16, 2020 FFS and prevented the imposition of Federal highway sanctions that
would have otherwise taken effect on December 16, 2022 as a result of EPA’s 2020 FFS. The
same completeness determination also stopped the imposition of sanctions that could have
resulted from EPA’s December 16, 2021 FFS for Pennsylvania’s failure to submit a SIP revision
for the 2015 ozone NAAQS addressing the EPA’s 2016 Oil and Gas CTG.
Finally, EPA’s long-standing definition of RACT is “the lowest emission limit that a
particular source is capable of meeting by the application of control technology that is reasonably

Article XXI Air Pollution Control, ACHD rules and regulations,
www.alleghenycounty.us/files/assets/county/v/1/services/health/documents/airquality/enforcement/regulations/article-21-air-pollution-control.pdf. ACHD’s SIP submission is located in the
docket for this proposed rulemaking and can be found under Docket ID Number EPA-R03-OAR-2023-0300 at
www.regulations.gov.

available considering technological and economic feasibility.”9
II. Summary of Pennsylvania and Allegheny County’s SIP Revision and EPA’s Analysis
Pennsylvania’s and Allegheny County’s SIP submissions included two separate sets of
nearly identical regulations for two types of oil and natural gas sources as defined by
Pennsylvania and Allegheny County: “conventional” oil and gas sources, and “unconventional”
oil and gas sources. EPA's 2016 Oil and Gas CTG does not distinguish between the two types of
sources. As defined by Pennsylvania, a conventional gas well is located both above and below
the Elk Sandstone and yields gas or oil from a conventional formation in age. Pennsylvania
defines an unconventional well as a well that is drilled into an unconventional formation, which
is a geological shale formation located beneath the Elk Sandstone or its geologic equivalent and
in which natural gas production is typically limited to horizontal or vertical well bores that have
been stimulated by hydraulic fracturing.
Despite being separate, both regulations (Regulation #7-544, entitled “Control of VOC
Emissions from Conventional Oil and Natural Gas Sources,” and Regulation #7-580, entitled
“Control of VOC Emissions from Unconventional Oil and Natural Gas Sources,”)10 are nearly
identical and have no technical differences. ACHD is incorporating by reference the
requirements of regulations 7-544 and 7-580 into Allegheny County’s regulations.11
Regulation #7-544 amends 25 Pennsylvania Code (Pa. Code) chapter 129 by adding
provisions (sections 129.131 - 129.140) imposing RACT-level controls for VOC emissions from
certain sources within “conventional” oil and natural gas operations, including recordkeeping

9 See

Memorandum, dated December 9, 1976, from Roger Strelow, EPA, entitled “Guidance for determining
Acceptability of SIP Regulations in Non-attainment Areas,” available at
www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf.
10Both proposed regulations can be found in the Pennsylvania Bulletin at 52 Pa. B 7635, and 52 Pa. B. 7587
(December 10, 2022), at www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/5250/1925.html&d=reduce (conventional) and
www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1924.html&d=reduce
(unconventional).
11 The ACHD Rules and Regulations in Article XXI, Air Pollution Controls, are amended. The SIP revision adds §
2105.87, “Control of VOC Emissions from Unconventional and Conventional Oil and Natural Gas Industry
Sources,” to Article XXI. Section 2105.87 IBRs PADEP’s final regulations, which are found at 25 Pa. Code 129.121
– 129.130 (unconventional sources) and 25 Pa. Code 129.131 – 129.140 (conventional sources).

and reporting requirements. Regulation #7-580 amends 25 Pa. Code Chapters 121 and 129 by
adding provisions (sections 129.121 - 129.130) imposing RACT-level VOC emissions controls
for certain sources in “unconventional” oil and natural gas operations, including recordkeeping
and reporting requirements. Both sets of regulations apply to similar sources of VOC emissions,
including pneumatic controllers, diaphragm pumps, compressors, fugitive emission components,
and storage vessels within certain areas.
EPA has reviewed Pennsylvania’s and Allegheny County’s SIP submissions containing
regulations establishing RACT requirements for categories of sources identified in EPA’s 2016
Oil and Gas CTG for both the 2008 and 2015 Ozone NAAQS. EPA’s technical support
document (TSD), which is in the docket for this action, provides more detail concerning EPA’s
review of Pennsylvania's regulations. Table 1 in the TSD lists the sources covered by EPA's
2016 Oil and Gas CTG and Pennsylvania's regulations, compares the RACT recommendations
for sources in EPA’s CTG to Pennsylvania’s (and Allegheny County's) SIP requirements for
each source category, and sets forth Pennsylvania's consideration of all available information as
to whether these requirements constitute RACT. The following paragraphs summarize
Pennsylvania’s (and ACHD’s) RACT regulations, analysis, and determinations.
Pennsylvania’s Oil and Gas regulations address all of the sources covered by EPA’s 2016
Oil and Gas CTG, as required by section 182(b)(2)(A) and (B) and section 184(b)(1)(B) of the
CAA. These include storage vessels, pneumatic controllers, pneumatic pumps, compressors
(reciprocating and centrifugal), equipment leaks, and fugitive emissions. Pennsylvania has also
chosen to regulate certain individual reciprocating compressors at well sites, which is not a
source covered by the 2016 Oil and Gas CTG, and has included these controls as part of the SIP
revision. EPA is therefore proposing to approve these controls for individual reciprocating
compressors at well sites as SIP strengthening measures.
For the sources covered by both the CTG and Pennsylvania’s regulations, PADEP largely
determined that the control techniques or methods and levels of emission control required by the

2016 Oil and Gas CTG were technologically feasible for Pennsylvania’s sources, and EPA is
proposing to agree. See Table 1 in EPA’s TSD. In summary, Pennsylvania’s regulations
establish VOC emission limitations and other requirements for natural gas-driven continuous
bleed pneumatic controllers, natural gas-driven diaphragm pumps, and centrifugal compressors
that are similar to the RACT recommendations in the 2016 Oil and Gas CTG. For storage
vessels and fugitive emissions components, Pennsylvania’s regulations go beyond the CTG
recommendations in certain ways. For storage vessels, Pennsylvania requires vessels with a
potential to emit (PTE) 2.7 tons per year (tpy) of VOCs to be controlled to a 95% or greater by
weight degree, while the CTG recommends 95% control for storage vessels with a PTE equal to
or greater than six tpy or no control for those maintaining actual emissions below four tpy. See
Table 1 in EPA’s TSD. PADEP determined that a 2.7 tpy VOC emission threshold for storage
vessels is RACT, as it is both technologically and economically feasible for both potential to
emit and actual emissions from all covered storage vessels. For fugitive emissions,
Pennsylvania’s regulations address the same “affected sources” as EPA’s CTG, i.e., leaks from
components in VOC service at natural gas processing plants, fugitive emissions from oil and gas
well sites meeting certain production criteria, and fugitive emissions from individual gathering
and boosting stations located between the wellhead and transfer to the natural gas transmission or
storage segment or oil pipeline. For natural gas processing plants, Pennsylvania requires
following the same leak detection and repair (LDAR) requirements in 40 Code of Federal
Regulations (CFR) part 60, subpart VVa that the CTG recommends, resulting in quarterly
instrument LDAR inspections and monthly auditory, visual and olfactory (AVO) inspections. In
addition, for individual well sites having wells with a gas-to-oil ratio (GOR) ≥ 300 that produce,
on average, > 15 barrel of oil equivalents (BOE) per well per day, the 2016 Oil and Gas CTG
requires semi-annual Optical Gas Imaging (OGI) or Method 21 monitoring for fugitive emissions
(leaks). Pennsylvania’s regulations allow the same methods of leak detection (Method 21 or
OGI) and other methods approved by PADEP. For well sites with a GOR equal to or greater

than 300, Pennsylvania requires that one well produce 15 BOE per day and one other well
produce 5 BOE per day to trigger annual instrument LDAR monitoring and monthly AVO
monitoring. In addition, for well sites with a GOR equal to or greater than 300 with average
production of 15 BOE or more per day and one well producing 15 BOE or more per day, the
owner must conduct quarterly instrument LDAR monitoring and monthly AVO inspections.
Thus, it appears that Pennsylvania is requiring some type of monitoring both more frequently
and at more well sites than recommended by the 2016 Oil and Gas CTG in many cases.
PADEP also performed economic feasibility analyses for each individual source covered
by the CTG recommendations. Pennsylvania’s Regulatory Review Act (RRA)12 requires that
every regulation be reviewed by the Independent Regulatory Review Commission (IRRC), and
that the State agency submit to the IRRC a regulatory analysis form (RAF) answering certain
questions, which include identifying the financial, economic and social impact of the regulation
on, among other entities, individuals, small businesses, and private and public organizations. 71
Pennsylvania Statutes (P.S.) § 745.5(a)(10). PADEP’s RAFs analyze the cost and savings of
implementing their oil and gas regulations for each source covered by the regulations. In
general, to determine whether a specific air pollution control technology was economically
feasible as RACT, PADEP set a cost-effectiveness benchmark in terms of the annualized costs of
each control per ton of VOC emissions removed by that control. PADEP adjusted the cost
benchmarks it used in previous RACT rulemakings of $5,500 per ton of VOC emissions
removed, by multiplying by the Consumer Price Index differential between 2014 and 2021, to
arrive at a 2021 cost effective benchmark of $6,600 per ton of VOC emissions removed.
EPA’s TSD summarizes, in Table 4, PADEP’s cost analysis in the RAFs for each
regulated source controlled by Pennsylvania’s regulations.13 PADEP performed a separate cost

12 The

Regulatory Review Act is found at 71 P.S. sections 745.1 – 745.15.
Given the short period of time between Pennsylvania’s consideration of the economic and technological
feasibility of their regulations (November 2022) and Allegheny County’s incorporation by reference of those
regulations (September 2023), it is unlikely that the economic or technological considerations changed significantly
enough to require a new analysis of those elements of RACT.
analysis for each regulated source, and a separate cost analysis for these sources in the
conventional and unconventional oil and gas industry. PADEP’s analyses showed that the cost
per ton of VOC reduced for most sources would not exceed the $6,600 per ton economically
feasible benchmark. However, for some sources, such as fugitive emissions from well sites
without existing LDAR programs and well sites that would have to implement quarterly LDAR
programs, the cost per ton of VOC reduced would exceed $6,600. PADEP still found these to be
cost effective. PADEP also identified one gathering or boosting station in the conventional
industry with an annual LDAR program which would have to implement a quarterly program, at
a cost exceeding $6,600 per ton of VOC, but also found this to be cost effective. PADEP did not
find that any that new controls or requirements were economically infeasible, and in some cases
required controls notwithstanding the cost per ton exceeding the $6,600 cost per ton benchmark.
PADEP can select differing economic feasibility benchmarks for different source categories if it
elects to do so. EPA believes that PADEP has performed a thorough economic feasibility
analysis and has justified the controls required by its regulations as economically feasible for
RACT.
PADEP’s oil and gas regulations also contain requirements for testing, recordkeeping,
and reporting of information to PADEP so that compliance with the regulatory requirements can
be tracked. Table 2 of EPA’s TSD outlines these requirements.
PADEP also compared their regulations to oil and gas regulations adopted by the
California Air Resources Board (CARB), South Coast Air Quality Management District
(SCAQMD), San Joaquin Valley Air Pollution Control District (SJVAPCD), Colorado
Department Of Public Health And Environment (CDPHE), Montana Department Of
Environmental Quality (MDEQ), New Mexico Environment Department (NMED), and the New
York State Department Of Environmental Conservation (NYDEC).14 Pennsylvania determined
its controls were in some cases both more stringent and less stringent than these other states’ and

See [15-28] of the conventional RAF and [13-25] of the unconventional RAF for PADEP’s analysis.

air pollution control agencies’ requirements, but Pennsylvania’s oil and gas regulations are not
an outlier among other jurisdictions’ regulations for the same sources. Ultimately Pennsylvania
did not change any of its required controls based on this comparison because the State
determined its requirements comprised what was economically and technologically feasible in
Pennsylvania. Table 3 in EPA’s TSD describes PADEP’s findings regarding its review of these
other states’ and air pollution control districts’ control requirements and section V in EPAs’ TSD
documents PADEP’s approach and reasoning for comparisons. EPA has reviewed this analysis
as part of the Agency’s proposed determination that PADEP’s submitted SIP revision comprises
RACT for sources covered by the 2016 Oil and Gas CTG.
III. Proposed Action
EPA is proposing to approve Pennsylvania’s December 12, 2022 SIP submittal and
Allegheny County’s September 8, 2023 SIP submittal as satisfying the CAA requirement to
implement RACT for each category of VOC sources covered by EPA’s 2016 Oil and Gas CTG,
as required by CAA section 182(b)(1)(B) for Moderate ozone nonattainment areas, and also for
any VOC sources covered by the EPA 2016 Oil and Gas CTG for states in the Ozone Transport
Region, as required by CAA section 184(b)(1)(B), for both the 2008 and 2015 ozone NAAQS.
IV. Incorporation by Reference
In this document, 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, EPA is
proposing to incorporate by reference Pennsylvania’s amendments made to 25 Pa. Code Chapter
121 and 129 (relating to general provisions; and standards for sources), and article XXI as
described in section II of this preamble. 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 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 proposed 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); 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 CAA.
In addition, this proposed rulemaking, pertaining to Pennsylvania and Allegheny

County's Oil and Natural Gas Control Measures for the 2008 and 2015 Ozone NAAQS, 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.
Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs Federal
agencies to identify and address “disproportionately high and adverse human health or
environmental effects” of their actions on minority populations and low-income populations to
the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as
“the fair treatment and meaningful involvement of all people regardless of race, color, national
origin, or income with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.” EPA further defines the term fair treatment to
mean that “no group of people should bear a disproportionate burden of environmental harms
and risks, including those resulting from the negative environmental consequences of industrial,
governmental, and commercial operations or programs and policies.”
PADEP and Allegheny County did not evaluate environmental justice considerations as
part of its SIP submittals; the CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this
action. Consideration of EJ is not required as part of this action, and there is no information in
the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for
people of color, low-income populations, and Indigenous peoples.
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.
Adam Ortiz,
Regional Administrator,

Region III.
[FR Doc. 2024-13972 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]