Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality Standards (NAAQS), 12877-12882 [2020-04453]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Proposed Rules]
[Pages 12877-12882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04453]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0562; FRL-10006-12-Region 3]


Air Plan Approval; Pennsylvania; Reasonably Available Control 
Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 
Ozone National Ambient Air Quality Standards (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two state implementation plan (SIP) revisions submitted by the 
Commonwealth of Pennsylvania. These revisions address certain 
reasonably available control technology (RACT) requirements, including 
those related to Control Technique Guidelines (CTGs) for volatile 
organic compounds (VOC) and the addition of regulations controlling VOC 
emissions from industrial cleaning solvents. These submissions are part 
of Pennsylvania's efforts to implement RACT for the 2008 ozone national 
ambient air quality standard (NAAQS). This action is being taken under 
the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 6, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0562 at https://www.regulations.gov, or via email to 
[email protected]. 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David Talley, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2117. Mr. Talley can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On August 13, 2018, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted to EPA two SIP 
revisions which were intended to satisfy some of the RACT requirements 
for sources of VOC emissions required by sections 172(c)(l), 182(b)(2) 
and 184(b)(l)(B) of the CAA and the implementing regulations for the 
2008 ozone NAAQS (80 FR 12264, March 6, 2015; 40 CFR part 51, subpart 
AA). In addition, the submittals were intended to address certain parts 
of EPA's ``Findings of Failure to Submit State Implementation Plan 
Submittals for the 2008 Ozone National Ambient Air Quality Standards,'' 
(82 FR 9158; February 3, 2017). Additionally, these two submittals are 
related to another Pennsylvania SIP submission addressing RACT for 
major stationary sources of VOC and oxides of nitrogen (NOX) 
that was conditionally approved by EPA on May 9, 2019. See section I.C. 
of this notice.

I. Background

A. Ozone NAAQS and RACT Requirements

    On July 18, 1997 (62 FR 38856), EPA promulgated a revised standard 
for ground level ozone based on 8-hour

[[Page 12878]]

average concentrations. 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 
April 30, 2004, EPA designated two moderate nonattainment areas in 
Pennsylvania under the 1997 8-hour ozone NAAQS, namely Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE (the Philadelphia Area) and 
Pittsburgh-Beaver Valley (the Pittsburgh Area). The other 14 
nonattainment areas in Pennsylvania were designated marginal 
nonattainment. See 69 FR 23858 and 23931; see also 40 CFR 81.339. On 
March 27, 2008, EPA strengthened the 8-hour ozone standards by revising 
its level to 0.075 ppm averaged over an 8-hour period (2008 8-hour 
ozone NAAQS). 73 FR 16436. On May 21, 2012, EPA designated five 
marginal nonattainment areas in Pennsylvania for the 2008 8-hour ozone 
NAAQS: Allentown-Bethlehem-Easton, Lancaster, Reading, the Philadelphia 
Area, and the Pittsburgh Area. See 77 FR 30088.
    In a March 6, 2015 rulemaking entitled ``Implementation of the 2008 
National Ambient Air Quality Standards for Ozone: State Implementation 
Plan Requirements'' (2008 Ozone Implementation Rule (80 FR 12264)), EPA 
announced its revocation of the 1997 8-hour ozone NAAQS for all 
purposes and for all areas in the country, effective on April 6, 2015. 
However, EPA determined that certain nonattainment planning 
requirements continue to be in effect as anti-backsliding measures for 
the revoked 1997 8-hour ozone NAAQS for areas designated nonattainment 
under the 1997 8-hour ozone NAAQS, including RACT. See 80 FR 12264, 
12296.
    The CAA regulates emissions of NOX and VOC to prevent 
photochemical reactions that result in ozone formation. RACT is an 
important strategy for reducing NOX and VOC emissions from 
stationary sources within areas not meeting the ozone NAAQS. Since the 
1970's, 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. See December 9, 1976 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 
53762 (September 17, 1979).
    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must provide for implementation of all reasonably available 
control measures (RACM) as expeditiously as possible, including 
emissions reductions from existing sources through adoption of RACT.
    Further, section 182(b)(2) of the CAA requires states with ozone 
nonattainment areas classified as moderate or higher to submit a SIP 
revision requiring implementation of RACT for three specific categories 
of sources. First, section 182(b)(2)(A) requires RACT for each category 
of VOC sources in the nonattainment area covered by a CTG document 
issued by EPA between November 15, 1990 and the date of attainment. 
These CTG-related SIP revisions shall be submitted within the period 
set forth by EPA in issuing the relevant CTG document. Second, section 
182(b)(2)(B) requires RACT for all VOC sources in the area covered by 
any CTG issued before November 15, 1990. Third, section 182(b)(2)(C) 
requires RACT for all other major stationary sources of VOC located in 
the nonattainment area. In addition, section 182(f) subjects major 
stationary sources of NOX to the same RACT requirements 
applicable to major stationary sources of VOC. EPA has not issued any 
CTGs for categories of NOX sources, so the effect of section 
182(f) is to require that SIPs also require RACT for major stationary 
sources of NOX in accordance with section 182(b)(2)(C). The 
ozone RACT requirements under section 182(b)(2) are usually referred to 
as VOC CTG RACT, non-CTG VOC RACT, and major NOX RACT.
    A ``major source'' is defined based on the source's potential to 
emit (PTE) NOX 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)-(f) and 302 of the CAA. In addition, 
section 184(a) of the CAA established an Ozone Transport Region (OTR) 
comprised of 12 eastern states, including all of Pennsylvania. Pursuant 
to section 184(b), the RACT requirements of section 182(b)(2) which 
would be applicable if an area were classified as a moderate 
nonattainment area apply to all areas within the OTR. This requirement 
is referred to as OTR RACT.
    EPA's CTGs establish presumptive RACT level control requirements 
for various VOC source categories; that is, they identify a level of 
control which EPA recommends as RACT for the affected source category. 
In some cases, EPA has issued Alternative Control Techniques guidelines 
(ACTs) for source categories, which in contrast to the CTGs, only 
present a range for possible control options but do not identify any 
particular option as the presumptive norm for what is RACT. EPA has 
elaborated upon the RACT requirements through implementation rules for 
each ozone NAAQS (40 CFR part 51, subparts X and AA), as well as in 
guidance. See also the preamble to the 2008 Ozone Implementation Rule, 
80 FR 12264, 12278 (March 6, 2015).
    In the 2008 Ozone Implementation Rule, EPA finalized an approach 
that allowed states, in some cases, to certify that sources addressed 
by prior RACT determinations for the 1-hour (1979) and/or 1997 ozone 
standard do not need to implement additional controls to meet the 2008 
RACT requirements. EPA's rationale was that a new RACT determination 
for some already controlled sources would either lead to the same or 
similar control technology, or that any incremental reductions from an 
additional round of RACT would be so small as to render the cost of 
achieving such reductions unreasonable. See 80 FR 12264, 12279. RACT 
SIPs, therefore, must contain adopted RACT regulations, a certification 
that some or all existing RACT provisions are still RACT, and/or 
negative declarations that there are no affected sources in the 
nonattainment area to which certain CTGs would apply. Id. at 12278. EPA 
directed that as part of their RACT SIP submissions, states should 
provide adequate documentation that they have considered control 
technology that is economically and technically feasible, and that 
input arising from public comment periods should be considered as well. 
Id. States were required to submit RACT SIP revisions within 24 months 
of the July 20, 2012 effective date of designation \1\ for moderate 
nonattainment areas. Id. at 12266.
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    \1\ i.e., by July 20, 2014.
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B. Ozone RACT Applicability in Pennsylvania

    As described previously, because all of Pennsylvania is in the OTR, 
RACT in Pennsylvania under each ozone NAAQS applies to all major 
stationary sources of NOX and VOC, and must be evaluated and 
satisfied separately for each ozone NAAQS. At the time of revocation of 
the 1997 8-hour ozone NAAQS (effective April 6, 2015), only two 
moderate nonattainment areas remained in the Commonwealth of 
Pennsylvania for the 1997 standard: The Philadelphia and the Pittsburgh 
Areas. As required under EPA's anti-backsliding provisions, these two 
moderate nonattainment areas

[[Page 12879]]

continue to be subject to RACT under the 1997 8-hour ozone NAAQS.
    RACT applies to major stationary sources of NOX and VOC 
under each ozone NAAQS and to any VOC sources subject to CTG RACT. The 
definition of a ``major source'' of NOX or VOC differs 
depending the nonattainment classification of the area in which the 
source is located. Sources located in ozone nonattainment areas are 
subject to the ``major source'' definitions established under the CAA. 
See CAA sections 182(c)-(e) and section 302(j).
    In addition, because all of Pennsylvania is part of the OTR 
established by section 184 of the CAA, marginal ozone nonattainment 
areas and ozone attainment areas in Pennsylvania are treated as 
moderate nonattainment areas under the 1997 8-hour ozone NAAQS for any 
planning requirements under the revoked standard, including RACT. The 
OTR RACT requirements applicable to moderate nonattainment areas are 
also in effect under the 2008 8-hour ozone NAAQS throughout 
Pennsylvania even though there are no nonattainment areas designated 
above the marginal classification for the 2008 ozone NAAQS. Thus, in 
effect, the same RACT requirements for moderate nonattainment areas 
continue to be applicable statewide in Pennsylvania under both the 1997 
and 2008 8-hour ozone NAAQS.\2\
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    \2\ See implementing regulations for the 1997 and 2008 ozone 
NAAQS, at 40 CFR part 51, subparts X and AA, respectively.
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    In Pennsylvania, the SIP program is implemented primarily by PADEP, 
but also by local air agencies in Philadelphia County (the City of 
Philadelphia Air Management Services (AMS)) and Allegheny County, 
(Allegheny County Health Department (ACHD)). These agencies have 
implemented numerous RACT regulations and source-specific measures in 
Pennsylvania to meet the applicable ozone RACT requirements. Statewide 
RACT controls have been promulgated by PADEP in Pennsylvania Code Title 
25-Environmental Resources, Part I-Department of Environmental 
Protection, Subpart C-Protection of Natural Resources, Article III-Air 
Resources, (25 Pa. Code) Chapter 129. AMS and ACHD incorporate by 
reference some Pennsylvania regulations, but have also promulgated a 
number of regulations adopting RACT controls within their own 
jurisdictions. In addition, AMS and ACHD have submitted separate 
source-specific RACT determinations as SIP revisions, which have been 
approved by EPA. See 40 CFR 52.2020(d)(1).
    States were required to make RACT SIP submissions for the 1997 8-
hour ozone NAAQS by September 15, 2006. PADEP submitted a SIP revision 
on September 25, 2006, addressing certain requirements of RACT under 
the 1997 ozone NAAQS. On June 27, 2016, PADEP withdrew certain portions 
of this SIP prior to EPA approval, related to RACT for major stationary 
sources of VOC and NOX. 82 FR 31464 (July 7, 2017). The 
remaining portions of this SIP covered CTG source categories for which 
Pennsylvania had adopted regulations, as well as negative declarations 
for CTG source categories with no such sources located in Pennsylvania. 
Id. at 31465. The remaining SIP also certified that three previously-
adopted Pennsylvania regulations covering three non-CTG source 
categories continued to constitute RACT for the 1997 ozone NAAQS. Id. 
at 31466. EPA found that this 2006 RACT SIP met the requirements for 
RACT in CAA section 182(b) and 184(b) for the 1997 NAAQS with respect 
to these CTG categories, to the negative declarations, and to these 
three specific non-CTG VOC source categories. Id. at 31467. RACT 
control measures addressing all applicable CAA RACT requirements under 
the 1997 8-hour ozone NAAQS have also been implemented and fully 
approved in the jurisdictions of Allegheny County and Philadelphia 
County. See 78 FR 34584 (June 10, 2013) and 81 FR 69687 (October 7, 
2016).

C. RACT II

    On May 9, 2019, EPA took final action on a Pennsylvania SIP 
submittal to satisfy certain CAA RACT requirements under both the 1997 
and 2008 8-hour ozone NAAQS for specific source categories. 84 FR 
20274. EPA fully approved amendments to 25 Pa. Code section 121.1 and 
new provisions identified as 25 Pa. Code sections 129.96, 129.97, and 
129.100 as meeting certain aspects of major stationary source RACT in 
CAA sections 172, 182, and 184 for the 1997 and 2008 ozone NAAQS. Id. 
at 20290. EPA conditionally approved 25 Pa. Code sections 129.98 and 
129.99 based on PADEP's commitment to submit additional SIP revisions 
to address the deficiencies identified by EPA in the May 16, 2016 SIP 
revision. Id. Upon submission of all elements intended to meet the 
conditions identified in Section IV of that rulemaking action, 
Pennsylvania must submit a SIP revision certifying that it has met all 
conditions. If EPA determines that Pennsylvania has satisfied these 
conditions, EPA will remove the conditional nature of the approval and 
Pennsylvania's 1997 and 2008 8-hour ozone RACT SIP revision will, at 
that time, receive a full approval status. If Pennsylvania fails to 
meet the conditions specified in the final conditional approval action, 
the conditional approval of 25 Pa. Code sections 129.98 and 129.99 
shall be treated as a disapproval.

II. Summary of SIP Revisions and EPA Analysis

    In the preamble of EPA's final rulemaking for the 2008 ozone NAAQS 
implementation plan, EPA indicated that RACT SIPs must contain adopted 
RACT regulations, certifications where appropriate that existing 
provisions are RACT, and/or negative declarations that there are no 
sources in the nonattainment area covered by a specific CTG source 
category. 80 FR 12264, 12278, March 6, 2015.
    PADEP's August 13, 2018 SIP submissions are intended to meet the 
RACT requirements for VOC under sections 172(c)(1), 182(b)(2) and 
184(b)(1)(B) of the CAA and the implementing regulations for the 2008 
ozone NAAQS. 40 CFR part 51, subpart XX. These submittals are discussed 
in detail in sections II.A. and II.B of this preamble. Additional 
information can be found in EPA's Technical Support Document (TSD) in 
the docket for this action.

A. Pennsylvania's RACT Certification of CTGs and Request To Incorporate 
New Source Performance Standards Into the SIP

    The first submittal is entitled: ``Certification of Reasonably 
Available Control Technology for Control Techniques Guidelines Under 
the 2008 Ozone National Ambient Air Quality Standards and Incorporation 
of 25 Pa Code Chapter 122 (Relating to National Standards of 
Performance for New Stationary Sources) into the Commonwealth's State 
Implementation Plan.'' This submittal: (1) Certifies that PADEP's 
adoption and implementation of regulations to control VOC emissions is 
consistent with EPA's CTGs and therefore represents RACT for these 
covered CTG sources for the 2008 ozone standard; (2) Incorporates 25 
Pa. Code Chapter 122 (relating to national standards of performance for 
new stationary sources) into the Pennsylvania SIP and certifies that 
those provisions continue to represent RACT for facilities subject to 
such standards of performance; and (3) Incorporates specific permit 
conditions from certain facilities for the purpose of establishing 
source-specific RACT-level controls for those facilities.

[[Page 12880]]

1. CTGs
    PADEP developed regulations consistent with each CTG addressed by 
the submittal and has determined that each continues to represent RACT 
for the 2008 ozone NAAQS. A list of the CTGs adopted by Pennsylvania 
that PADEP considered in making this determination is found in Table 1 
beginning on page 12 of this submittal. PADEP based this certification 
on the following: (1) Certification that Pennsylvania's regulations 
meet the CAA RACT requirements, are based on the most currently 
available technically and economically feasible controls, and represent 
RACT for implementation purposes pertaining to the 2008 8-hour ozone 
NAAQS; (2) Certification that PADEP has adopted and implemented SIP 
approved provisions or regulations addressing applicable EPA CTG source 
categories and that these provisions or regulations represent RACT 
control levels or control levels more stringent than RACT under the 
2008 ozone NAAQS; (3) Certification that PADEP has implemented all CTG 
RACT controls indicated in this SIP revision, based on the EPA's 
guidance and standards, and that they represent current RACT control 
levels under the 2008 8-hour ozone NAAQS; and (4) Certification that 
PADEP has determined that there is a CTG source category for which it 
has made a negative declaration because there are no existing sources 
for RACT purposes in Pennsylvania.
    PADEP has determined that there are no sources in Pennsylvania 
(excluding Philadelphia County and Allegheny County) covered by EPA's 
CTG ``Control of Volatile Organic Compound Emissions from Large 
Petroleum Dry Cleaners,'' (EPA-450/3-82-009; September 1982) and 
therefore submitted a negative declaration for that CTG source type.
2. Incorporation by Reference of New Source Performance Standards 
(NSPS)
    Pennsylvania has incorporated by reference and therefore adopted 
all of the New Source Performance Standards (NSPS) promulgated by EPA 
under section 111 of the CAA and found at 40 CFR part 60. 25 Pa. Code 
122. PADEP determined that for certain source categories, the Federal 
requirements of 40 CFR part 60--Standards of Performance for New 
Stationary Sources, provide RACT level control. PADEP has submitted 25 
Pa. Code 122 for inclusion into the SIP, consistent with CAA section 
182(b)(2). PADEP's August 13, 2018 submittal specifically cites the 
requirements of 40 CFR part 60, subparts NNN (relating to synthetic 
organic chemical manufacturing industry (``SOCMI'') distillation 
operations), RRR (relating to SOCMI reactor processes), and subparts 
KKK, OOOO, and OOOOa (relating to natural gas processing facilities), 
and certifies that the requirements of these NSPS constitute VOC RACT 
under the 2008 ozone NAAQS for the affected source categories.
    EPA's CTG entitled ``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'' provides that the NSPS requirements of subparts NNN and 
RRR meet the RACT level controls recommended by the CTG. The required 
control efficiency of the CTG (98% destruction by weight, or 20 parts 
per million by volume (ppmv) dry basis, corrected to 3% oxygen) is the 
same as required by the NSPS.\3\ Essentially, any process vent that is 
controlled with a combustion device to meet the requirements of the 
NSPS would meet the RACT recommendations of the CTG. PADEP identified 
five facilities subject to subparts NNN and RRR. Four of these are 
subject to control requirements, while one is subject only to record 
keeping requirements based on a de minimis emissions exemption, 
consistent with the CTG.
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    \3\ See 40 CFR 60.662 and 60.702.
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    25 Pa. Code 122 also incorporates the Federal NSPS requirements of 
40 CFR part 60 subparts KKK, OOOO, OOOOa and the cross-referenced 
equipment leak detection and repair (LDAR) requirements of subparts VV 
and VVa. The NSPS requirements from subpart KKK are equivalent to the 
1983 CTG for the oil and natural gas industry.\4\ Subpart OOOO and 
OOOOa incorporated the requirements of subpart KKK. PADEP provided a 
comparison between the applicable provisions of the NSPS and EPA's 1983 
CTG.\5\ Based on this comparison, PADEP has determined that the NSPS 
rules in 40 CFR part 60, subparts KKK, OOOO, and OOOOa, with cross 
references to subparts VV and VVa, are at least as stringent as the 
requirements in the 1983 CTG for this source category. Therefore, the 
Federal NSPS provisions applicable to all of Pennsylvania's current 
natural gas processing facility sources are sufficient to implement 
RACT for the 2008 ozone NAAQS and meet the requirements of the 1983 
Natural Gas Processing Plants CTG. EPA notes that PADEP's August 13, 
2018 submittal did not address EPA's ``Control Techniques Guidelines 
for the Oil and Natural Gas Industry, EPA-453/B-16-001, October 2016,'' 
(2016 Oil and Gas CTG). EPA is, therefore, not proposing action on the 
submittal in relation to the 2016 Oil and Gas CTG.
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    \4\ See Control Techniques Guidelines for the Oil and Natural 
Gas Industry, EPA-453/B-16-001, October 2016, Section 8.3.2.1. pp. 
8-12, available at: https://www.epa.gov/sites/production/files/2016-10/documents/2016-ctg-oil-and-gas.pdf.
    \5\ See Appendix F of PADEP's August 13, 2018 submittal.
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3. Incorporation of Source Specific Permit Limits
    PADEP found only two sources covered by 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 source 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 
two CTGs for only three affected sources, PADEP has incorporated the 
requirements of the CTGs into Federally enforceable permits and 
submitted the applicable permit limits for incorporation into the SIP.
    Redacted versions of Permit Nos. 25-00930 (Donjon Shipbuilding) and 
26-00545 (Heartland Fabrication) were submitted for incorporation into 
the Commonwealth's SIP. Generally, the control strategy is to limit the 
VOC content of the coatings and materials used. The relevant portions 
of the permits are consistent with the Shipbuilding and Ship Repair 
Operations (Surface coating) CTG and satisfy the RACT requirements for 
these sources.
    A redacted version of Permit No. 39-00024 (Geo. Specialty Chem. 
Trimet Div.) was also submitted for incorporation into the SIP. PADEP 
certified that this is the only source to which the SOCMI Air Oxidation 
Process CTG applies. Pursuant to the CTG, ``It is recommended that air 
oxidation facilities for which an existing combustion device is 
employed to control process VOC emissions should not be required to 
meet the 98 percent emissions limit until the combustion

[[Page 12881]]

device is replaced for other reasons. In other words, no facility would 
be required to upgrade or replace an existing control device.'' \6\ 
PADEP determined that the facility's formaldehyde process and catalytic 
incinerator were installed in 1980, before the December 1984 
applicability date of the CTG. PADEP further determined that neither 
the process nor the control device have been modified since the 1980 
installation date. PADEP therefore certified that the existing control 
strategy and emission limitations in the permit constitute RACT for 
this particular source.
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    \6\ See ``Control of Volatile Organic Compound Emissions from 
Air Oxidation Processes in the Synthetic Organic Chemical 
Manufacturing Industry, EPA, 450/3-84-015, December 1984,'' Page 4-
1, available at: https://www3.epa.gov/airquality/ctgact/198412vocepa4503-84-015airoxidationprocesses.pdf.
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B. Regulatory Revisions Related to VOC and NOX RACT

    The changes proposed by PADEP in this second submittal, entitled 
``Control of Volatile Organic Compound Emissions from Industrial 
Cleaning Solvents; General Provisions; Aerospace Manufacturing and 
Rework; Additional RACT Requirements for Major Sources of 
NOX and VOCs,'' include: (1) The addition of 25 Pa. Code 
129.63a (relating to the control of VOC from industrial cleaning 
solvents (ICS)); (2) Amendments to sections 121.1 and 129.51 
(definitions and ``general'' provisions, respectively) in order to 
support the addition and implementation of section 129.63a; (3) A 
correction to the VOC emission limit table in section 129.73 (relating 
to aerospace manufacturing and re-work); and (4) Amendments to sections 
129.96, 129.97, 129.99, and 129.100 to clarify certain requirements and 
to update the list of exemptions under RACT II because of previously 
adopted presumptive VOC RACT regulations.
    PADEP determined that the recommendations in EPA's 2006 ICS CTG are 
technically and economically feasible for sources in this source 
category, and developed section 129.63a for the purpose of implementing 
VOC RACT for affected sources in Pennsylvania. PADEP adopted the 
relevant limits of the CTG in section 129.63a. Pursuant to section 
129.63a(a), the regulation applies to owners/operators of facilities in 
which industrial cleaning solvents are ``used or applied in a cleaning 
activity at a cleaning unit operation, a work production-related work 
area, or a part, product, tool, machinery, equipment, vessel, floor or 
wall.'' Facilities are subject to section 129.63a if the combined 
actual emissions of VOC from all subject cleaning operations exceed 2.7 
tons in any 12-month rolling period, before consideration of controls. 
Consistent with EPA's CTG, section 129.63a requires one of the 
following emissions controls: Solvents with a VOC content of less than 
or equal to 0.42 pounds of VOC per gallon (lb/VOC/gal) (or 50 grams of 
VOC per liter (50 g/L)), work practice standards (the use of closed 
vessels/containers, minimization of air circulation around cleaning 
unit operations), or add on capture/control systems with a minimum 
efficiency of 85% reduction.
    Section 129.63a(c) exempts certain otherwise applicable sources 
from the rule, including: Sources subject to section 129.63 (relating 
to degreasing operations) or 40 CFR part 63, subpart T (relating to 
national emission standards for halogenated solvent cleaning); sources 
where the use or application of the industrial cleaning solvent is 
subject to a standard or specification required by the United States 
Department of Defense, Federal Aviation Administration or other Federal 
government entity; and a number of specific processes, generally 
consistent with the exemptions recommended by the CTG.
    In section 129.73, Table II (relating to allowable content of VOC 
in aerospace coatings) was revised to correct a numbering error. The 
coating type ``High-Temperature Coating'' was numbered incorrectly as 
(20)(a) and was renumbered as (21). The succeeding coating types were 
renumbered accordingly. The title of Table II was amended to delete the 
redundant phrase ``allowable VOC content.''
    As previously discussed, EPA recently approved sections 129.96, 
129.97, and 129.100, and conditionally approved sections 129.98 and 
129.99 as part of the May 9, 2019 final rulemaking action related to 
Pennsylvania's RACT II regulations.\7\ The RACT II Rule applies 
statewide to existing major NOX and/or VOC sources in 
Pennsylvania, except those subject to other Pennsylvania regulations, 
as specified in 25 Pa. Code 129.96(a)-(b). PADEP's August 13, 2018 
submittal amends section 129.96(a) and (b) (relating to applicability) 
to revise the list of sources exempt from RACT II because a presumptive 
RACT requirement or presumptive RACT emission limitation, or both, has 
been established elsewhere. The applicability criteria in section 
129.96(a) and (b) are revised in order to add reference to sections 
129.52d, 129.52e and 129.74 (relating to control of VOC emissions from 
miscellaneous metal parts surface coating processes, miscellaneous 
plastic parts surface coating processes and pleasure craft surface 
coatings; control of VOC emissions from automobile and light-duty truck 
assembly coating operations and heavier vehicle coating operations; and 
control of VOC emissions from fiberglass boat manufacturing materials). 
Additionally, sections 129.97(k)(1)(ii) and 129.99(i)(1)(ii) (relating 
to presumptive RACT requirements, RACT emission limitations and 
petition for alternative compliance schedule; and alternative RACT 
proposal and petition for alternative compliance schedule) were amended 
by adding the text ``or major VOC emitting facility'' for clarity. 
Section 129.100(a) (relating to compliance demonstration and 
recordkeeping requirements) was amended to add ``RACT'' in two places 
for clarity. The emission limits and substantive requirements of 
sections 129.96, 129.97, 129.99, and 129.100 were not amended.
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    \7\ See 84 FR 20274.
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III. Proposed Action

    EPA's review of this material indicates that PADEP's submittals are 
adequate to meet the ozone-specific RACT requirements for VOC of CAA 
sections 172, 182(b)(2)(A) and (B), 182(f), and 184 of the CAA, for the 
2008 8-hour ozone NAAQS and are in accordance with CAA section 110. 
Therefore, EPA is proposing to approve the two Pennsylvania SIP 
revisions relating to VOC RACT for the 2008 ozone NAAQS, which were 
submitted on August 13, 2018. 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, 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 the Pennsylvania rules regarding definitions and permitting 
requirements discussed in Section II of this preamble. EPA has made, 
and will continue to make, these materials generally available through 
https://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).

[[Page 12882]]

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted 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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to RACT requirements 
under the 2008 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

    Dated: February 24, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-04453 Filed 3-4-20; 8:45 am]
 BILLING CODE 6560-50-P