Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) Determinations for Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient Air Quality Standards, 8743-8748 [2021-02586]
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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
the 2016 Oil and Gas CTG. This review
consisted of a search of Maryland’s oil
and gas well records, air permit records,
EPA greenhouse gas reporting records,
and the Standard Industrial
Classification (SIC) system.4 MDE’s
search identified a total of 13 facilities
in Maryland operating in the
production, processing, or transmission
and storage segments of the oil and
natural gas industry. However, none of
these facilities met or exceeded the
applicability criteria of the CTG.5 MDE
identified five facilities in the natural
gas transmission sector, but determined
that none of them had storage tanks
with the potential to emit (PTE) more
than 6 tons per year (tpy) of VOCs,
which is the threshold for applicability
of the CTG. Additionally, MDE
identified eight active individual
production wells. None of these
exceeded the 15 barrel equivalents per
day per well threshold for CTG
applicability. Further, none of the
production wells were determined to
operate pneumatic pumps or
controllers, or compressors. Finally,
with respect to fugitive emissions, none
of the wells exceed the applicability
threshold of a gas to oil ratio (GOR) of
300 or greater.
III. Proposed Action
EPA’s review of this material
indicates that it meets all applicable
CAA requirements, including CAA
sections 182(b)(2)(A) and 184(b)(1)(B),
and that MDE has satisfactorily
demonstrated that there are no sources
operating in Maryland subject to the
2016 Oil and Gas CTG. EPA is
proposing to approve Maryland’s June
18, 2020 negative declaration SIP
submittal as a revision to the Maryland
SIP. EPA is soliciting public comments
on Maryland’s negative declaration,
including the adequacy of MDE’s search
and analysis of the CTG applicability
criteria. Comments concerning the
adequacy of the 2016 Oil and Gas CTG
itself are not germane to this action and
will not be considered. Relevant
comments will be considered before
taking final action.
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IV. 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,
4 See pp. 1–3 of Maryland’s submittal, included
in the docket for this rulemaking action.
5 See pp. 1–3 of Maryland’s submittal, included
in the docket for this rulemaking action.
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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 this is not a ‘‘significant
regulatory action’’ 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
rulemaking, pertaining to Maryland’s
negative declaration for the 2016 Oil
and Gas CTG, 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.
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8743
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–02619 Filed 2–8–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0598; FRL–10018–
68–Region 3]
Air Plan Approval; Pennsylvania;
Reasonably Available Control
Technology (RACT) Determinations for
Case-by-Case Sources Under the 2008
8-Hour Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
multiple state implementation plan
(SIP) revisions submitted by the
Commonwealth of Pennsylvania. These
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
major sources of volatile organic
compounds (VOC) and nitrogen oxides
(NOX) pursuant to the Commonwealth
of Pennsylvania’s conditionally
approved RACT regulations. In this
rulemaking action, EPA is only
proposing to approve source specific
(also referred to as ‘‘case-by-case’’)
RACT determinations for nine major
sources located in Philadelphia County.
These RACT evaluations were
submitted to meet RACT requirements
for the 2008 8-hour ozone national
ambient air quality standards (NAAQS).
This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 11, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0598 at https://
www.regulations.gov, or via email to
opila.marycate@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
SUMMARY:
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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://www2.epa.gov/dockets/
commenting-epa-dockets.
Mr.
Riley Burger, Permits Branch (3AD10),
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814 2217. Mr.
Burger can also be reached via
electronic mail at burger.riley@epa.gov.
FOR FURTHER INFORMATION CONTACT:
On May 7,
2020, PADEP submitted two revisions to
its SIP to address case-by-case NOX and/
or VOC RACT for 93 major facilities.
These SIP revisions are intended to
address the NOX and/or VOC RACT
requirements under sections 182 and
184 of the CAA for the 1997 and 2008
8-hour ozone NAAQS. Table 1 of this
document lists the SIP submittal date
and the facilities included in PADEP’s
submittal that EPA is proposing to
approve in this action. EPA views each
facility as a separable SIP revision and
may take separate final action on one or
more facilities. In this rulemaking
SUPPLEMENTARY INFORMATION:
action, EPA is only proposing to
approve case-by-case RACT
determinations for nine of the 93
sources submitted to EPA by PADEP on
behalf of Philadelphia Air Management
Services (AMS) for facilities located in
Philadelphia County.
The SIP revisions in this action only
establish 2008 8-hour ozone NAAQS
RACT requirements. Applicable RACT
requirements under the CAA for sources
located in Philadelphia for the 1997
8-hr ozone NAAQS were previously
satisfied. See 81 FR 69687 (October 7,
2016, effective November 7, 2016). For
additional background information on
Pennsylvania’s ‘‘presumptive’’ RACT II
SIP see 84 FR 20274 (May 9, 2019) and
on Pennsylvania’s source-specific or
‘‘case-by-case’’ RACT determinations
see the appropriate technical support
document (TSD) which is available
online at https://www.regulations.gov,
Docket No. EPA–R03–OAR–2020–0598.
TABLE 1—PADEP SIP SUBMITTALS FOR MAJOR NOX AND/OR VOC SOURCES IN PHILADELPHIA COUNTY SUBJECT TO
SOURCE-SPECIFIC RACT UNDER THE 2008 8-HOUR OZONE STANDARD
SIP submittal date
Major source
5/7/2020 ...............................
AdvanSix Resins & Chemicals LLC—Frankford Plant (formerly, Honeywell International—Frankford Plant).
Exelon Generation Company—Richmond Generating Station.
Grays Ferry Cogeneneration Partnership—Schuylkill Station.
Vicinity Energy Philadelphia—Schuylkill Station (formerly Veolia Energy Philadelphia—Schuylkill Station).
Kinder Morgan Liquids Terminals, LLC—Philadelphia Terminal.
Naval Surface Warfare Center—Philadelphia Divison (formerly Naval Surface Warfare Center—Carderock Division, Ship Systems Engineering Station).
Newman and Company, Inc (formerly Paperworks Industries, Inc).
Philadelphia Energy Solutions Refining and Marketing LLC.
Philadelphia Shipyard Inc.
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I. Background
A. 1997 and 2008 8-Hour Ozone
NAAQS
Ground level ozone is not emitted
directly into the air but is created by
chemical reactions between NOX and
VOC in the presence of sunlight.
Emissions from industrial facilities,
electric utilities, motor vehicle exhaust,
gasoline vapors, and chemical solvents
are some of the major sources of NOX
and VOC. Breathing ozone can trigger a
variety of health problems, particularly
for children, the elderly, and people of
all ages who have lung diseases such as
asthma. Ground level ozone can also
have harmful effects on sensitive
vegetation and ecosystems.
On July 18, 1997, EPA promulgated a
standard for ground level ozone based
on 8-hour average concentrations. 62 FR
38856. The 8-hour averaging period
replaced the previous 1-hour averaging
period, and the level of the NAAQS was
changed from 0.12 parts per million
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(ppm) to 0.08 ppm. EPA has designated
two moderate nonattainment areas in
Pennsylvania under the 1997 8-hour
ozone NAAQS, namely PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE (the Philadelphia Area) and
Pittsburgh-Beaver Valley (the Pittsburgh
Area). See 40 CFR 81.339.
On March 12, 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). On May 21, 2012, EPA
designated five marginal nonattainment
areas in Pennsylvania for the 2008
8-hour ozone NAAQS: AllentownBethlehem-Easton, Lancaster, Reading,
the Philadelphia Area, and the
Pittsburgh Area. 77 FR 30088; see also
40 CFR 81.339.
On March 6, 2015, 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. 80 FR 12264. EPA has
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determined that certain nonattainment
planning requirements continue to be in
effect under the revoked standard for
nonattainment areas under the 1997
8-hour ozone NAAQS, including RACT.
On November 7, 2016 EPA
determined that the Philadelphia 1997
8-hour ozone NAAQS RACT
demonstration satisfies all applicable
RACT requirements under the CAA for
Philadelphia for the 1997 8-hour ozone
NAAQS. 81 FR 69687 (October 7, 2016).
B. RACT Requirements for Ozone
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
major stationary sources within areas
not meeting the ozone NAAQS.
Areas designated nonattainment for
the ozone NAAQS are subject to the
general nonattainment planning
requirements of CAA section 172.
Section 172(c)(1) of the CAA provides
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that SIPs for nonattainment areas must
include reasonably available control
measures (RACM) for demonstrating
attainment of all NAAQS, including
emissions reductions from existing
sources through the adoption of RACT.
Further, section 182(b)(2) of the CAA
sets forth additional RACT requirements
for ozone nonattainment areas classified
as moderate or higher.
Section 182(b)(2) of the CAA sets
forth requirements regarding RACT for
the ozone NAAQS for VOC sources.
Section 182(f) subjects major stationary
sources of NOX to the same RACT
requirements applicable to major
stationary sources of VOC.1
Section 184(b)(1)(B) of the CAA
applies the RACT requirements in
section 182(b)(2) to nonattainment areas
classified as marginal and to attainment
areas located within ozone transport
regions established pursuant to section
184 of the CAA. Section 184(a) of the
CAA established by law the current
Ozone Transport Region (OTR)
comprised of 12 eastern states,
including Pennsylvania. This
requirement is referred to as OTR RACT.
As noted previously, a ‘‘major source’’
is defined based on the source’s PTE of
NOX, VOC, or both pollutants, and the
applicable thresholds 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.
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.2
EPA has provided more substantive
RACT requirements through
implementation rules for each ozone
NAAQS as well as through guidance. In
2004 and 2005, EPA promulgated an
implementation rule for the 1997 8-hour
ozone NAAQS in two phases (‘‘Phase 1
of the 1997 Ozone Implementation
Rule’’ and ‘‘Phase 2 of the 1997 Ozone
Implementation Rule’’). 69 FR 23951
(April 30, 2004) and 70 FR 71612
(November 29, 2005), respectively.
Particularly, the Phase 2 Ozone
Implementation Rule addressed RACT
statutory requirements under the 1997
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1A
‘‘major source’’ is defined based on the
source’s potential to emit (PTE) of NOX or VOC, and
the applicable thresholds for RACT differs based on
the classification of the nonattainment area in
which the source is located. See sections 182(c)–(f)
and 302 of the CAA.
2 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 also 44
FR 53762 (September 17, 1979).
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8-hour ozone NAAQS. See 70 FR 71652
(November 29, 2005).
On March 6, 2015, EPA issued its
final rule for implementing the 2008 8hour ozone NAAQS (‘‘the 2008 Ozone
SIP Requirements Rule’’). 80 FR 12264.
At the same time, EPA revoked the 1997
8-hour ozone NAAQS, effective on April
6, 2015.3 The 2008 Ozone SIP
Requirements Rule provided
comprehensive requirements to
transition from the revoked 1997 8-hour
ozone NAAQS to the 2008 8-hour ozone
NAAQS, as codified in 40 CFR part 51,
subpart AA, following revocation.
Consistent with previous policy, EPA
determined that areas designated
nonattainment for both the 1997 and
2008 8-hour ozone NAAQS at the time
of revocation, must retain
implementation of certain
nonattainment area requirements (i.e.,
anti-backsliding requirements) for the
1997 8-hour ozone NAAQS as specified
under section 182 of the CAA, including
RACT. See 40 CFR 51.1100(o). An area
remains subject to the anti-backsliding
requirements for a revoked NAAQS
until EPA approves a redesignation to
attainment for the area for the 2008 8hour ozone NAAQS. There are no
effects on applicable requirements for
areas within the OTR, as a result of the
revocation of the 1997 8-hour ozone
NAAQS. Thus, Pennsylvania, as a state
within the OTR, remains subject to
RACT requirements for both the 1997 8hour ozone NAAQS and the 2008 8hour ozone NAAQS.
In addressing RACT, the 2008 Ozone
SIP Requirements Rule is consistent
with existing policy and Phase 2 of the
1997 Ozone Implementation Rule. In the
2008 Ozone SIP Requirements Rule,
EPA requires RACT measures to be
implemented by January 1, 2017 for
areas classified as moderate
nonattainment or above and all areas of
the OTR. EPA also provided in the 2008
Ozone SIP Requirements Rule that
RACT SIPs must contain adopted RACT
regulations, certifications where
appropriate that existing provisions are
RACT, and/or negative declarations
stating that there are no sources in the
nonattainment area covered by a
specific control technique guidelines
3 On February 16, 2018, the United States Court
of Appeals for the District of Columbia Circuit (D.C.
Cir. Court) issued an opinion on the 2008 Ozone
SIP Requirements Rule. South Coast Air Quality
Mgmt. Dist. v. EPA, No. 15–1115 (D.C. Cir. February
16, 2018). The D.C. Cir. Court found certain parts
reasonable and denied the petition for appeal on
those. In particular, the D.C. Cir. Court upheld the
use of NOX averaging to meet RACT requirements
for 2008 8-hour ozone NAAQS. However, the Court
also found certain other provisions unreasonable.
The D.C. Cir. Court vacated the provisions it found
unreasonable.
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8745
(CTG) source category. In the preamble
to the 2008 Ozone SIP Requirements
Rule, EPA clarified that states must
provide notice and opportunity for
public comment on their RACT SIP
submissions, even when submitting a
certification that the existing provisions
remain RACT or a negative declaration.
States must submit appropriate
supporting information for their RACT
submissions, in accordance with the
Phase 2 of the 1997 Ozone
Implementation Rule. Adequate
documentation must support that states
have considered control technology that
is economically and technologically
feasible in determining RACT, based on
information that is current as of the time
of development of the RACT SIP.
In addition, in the 2008 Ozone SIP
Requirements Rule, EPA clarified that
states can use weighted average NOX
emissions rates from sources in the
nonattainment area for meeting the
major NOX RACT requirement under the
CAA, as consistent with existing
policy.4 EPA also recognized that states
may conclude in some cases that
sources already addressed by RACT
determinations for the 1979 1-hour and/
or 1997 8-hour ozone NAAQS may not
need to implement additional controls
to meet the 2008 8-hour ozone NAAQS
RACT requirement. See 80 FR 12278–
12279 (March 6, 2015).
C. Applicability of RACT Requirements
in Pennsylvania
As indicated earlier, RACT
requirements apply to any ozone
nonattainment areas classified as
moderate or higher (serious, severe or
extreme) under CAA sections 182(b)(2)
and 182(f). Pennsylvania has
outstanding ozone RACT requirements
for both the 1997 and 2008 8-hour ozone
NAAQS. Philadelphia County only has
outstanding ozone RACT requirements
for the 2008 8-hour ozone NAAQS. The
entire Commonwealth of Pennsylvania
is part of the OTR established under
section 184 of the CAA and thus is
subject statewide to the RACT
requirements of CAA sections 182(b)(2)
and 182(f), pursuant to section 184(b).
4 EPA’s NO RACT guidance ‘‘Nitrogen Oxides
X
Supplement to the General Preamble’’ (57 FR
55625; November 25, 1992) encouraged states to
develop RACT programs that are based on ‘‘area
wide average emission rates.’’ Additional guidance
on area-wide RACT provisions is provided by EPA’s
January 2001 economic incentive program guidance
titled ‘‘Improving Air Quality with Economic
Incentive Programs,’’ available at https://
www.epa.gov/ttn/oarpg/t1/memoranda/eipfin.pdf.
In addition, as mentioned previously, the D.C. Cir.
Court recently upheld the use of NOX averaging to
meet RACT requirements for 2008 8-hour ozone
NAAQS. South Coast Air Quality Mgmt. Dist. v.
EPA, No. 15–1115 (D.C. Cir. February 16, 2018).
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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 this
standard, the Philadelphia and the
Pittsburgh Areas. As required under
EPA’s anti-backsliding provisions, these
two moderate nonattainment areas
continue to be subject to RACT under
the 1997 8-hour ozone NAAQS. Given
its location in the OTR, the remainder
of the Commonwealth is also treated as
moderate nonattainment area under the
1997 8-hour ozone NAAQS for any
planning requirements under the
revoked standard, including RACT. The
OTR RACT requirement is also in effect
under the 2008 8-hour ozone NAAQS
throughout the Commonwealth, since
EPA did not designate any
nonattainment areas above marginal for
this standard in Pennsylvania. Thus, in
practice, the same RACT requirements
continue to be applicable in
Pennsylvania for both the 1997 and
2008 8-hour ozone NAAQS. RACT must
be evaluated and satisfied as separate
requirements under each applicable
standard.
RACT applies to major sources of
NOX and VOC under each ozone
NAAQS or any VOC sources subject to
CTG RACT. Which NOX and VOC
sources in Pennsylvania are considered
‘‘major’’ and are therefore subject to
RACT is dependent on the location of
each source within the Commonwealth.
Sources located in nonattainment areas
would be subject to the ‘‘major source’’
definitions established under the CAA.
In the case of Pennsylvania, sources
located in any areas outside of moderate
or above nonattainment areas, as part of
the OTR, shall be treated as if these
areas were moderate.
In Pennsylvania, the SIP program is
implemented primarily by the PADEP,
but also by local air agencies in
Philadelphia County (the City of
Philadelphia’s Air Management Services
[AMS]) and Allegheny County, (the
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.
Historically, 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 have incorporated by
reference Pennsylvania regulations, but
have also promulgated regulations
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adopting RACT controls for their own
jurisdictions. In addition, AMS and
ACHD have submitted, through PADEP,
separate source-specific RACT
determinations as SIP revisions for
sources within their respective
jurisdictions, 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, certifying that a
number of previously approved VOC
RACT rules continued to satisfy RACT
under the 1997 8-hour ozone NAAQS
for the remainder of Pennsylvania.5
PADEP has met its obligations under the
1997 8-hour ozone NAAQS for its CTG
and non-CTG VOC sources. See 82 FR
31464 (July 7, 2017). RACT control
measures addressing all applicable CAA
RACT requirements under the 1997 8hour ozone NAAQS have been
implemented and fully approved in the
jurisdictions of ACHD and AMS. See 78
FR 34584 (June 10, 2013) and 81 FR
69687 (October 7, 2016). For the 2008 8hour ozone NAAQS, states were
required to submit RACT SIP revisions
by July 20, 2014. On May 16, 2016,
PADEP submitted a SIP revision
addressing RACT under both the 1997
and 2008 8-hour ozone NAAQS in
Pennsylvania. Specifically, the May 16,
2016 SIP submittal intended to satisfy
sections 182(b)(2)(C), 182(f), and 184 of
the CAA for both the 1997 and 2008
8-hour ozone NAAQS for
Pennsylvania’s major NOX and VOC
non-CTG sources, except ethylene
production plants, surface active agents
manufacturing, and mobile equipment
repair and refinishing.6
D. EPA’s Conditional Approval for
Pennsylvania’s RACT Requirements
Under the 1997 and 2008 8-Hour Ozone
NAAQS
On May 16, 2016, PADEP submitted
a SIP revision addressing RACT under
both the 1997 and 2008 8-hour ozone
NAAQS in Pennsylvania. PADEP’s May
16, 2016 SIP revision intended to
address certain outstanding non-CTG
VOC RACT, VOC CTG RACT, and major
NOX RACT requirements under the
CAA for both standards. The SIP
revision requested approval of
Pennsylvania’s 25 Pa. Code 129.96–100,
5 The September 15, 2006 SIP submittal initially
included Pennsylvania’s certification of NOX RACT
regulations; however, NOX RACT portions were
withdrawn by PADEP on June 27, 2016.
6 EPA’s conditional approval of PADEP’s May 16,
2016 SIP revision covered relevant sources located
in both Philadelphia and Allegheny County,
Pennsylvania.
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Additional RACT Requirements for
Major Sources of NOX and VOCs (the
‘‘presumptive’’ RACT II rule). Prior to
the adoption of the RACT II rule,
Pennsylvania relied on the NOX and
VOC control measures in 25 Pa. Code
129.92–95, Stationary Sources of NOX
and VOCs, (the RACT I rule) to meet
RACT for non-CTG major VOC sources
and major NOX sources. The
requirements of the RACT I rule remain
in effect and continue to be
implemented as RACT.7 On September
26, 2017, PADEP submitted a
supplemental SIP revision which
committed to address various
deficiencies identified by EPA in their
May 16, 2016 ‘‘presumptive’’ RACT II
rule SIP revision.
On May 9, 2019, EPA conditionally
approved the RACT II rule based on
PADEP’s September 26, 2017
commitment letter.8 See 84 FR 20274. In
EPA’s final conditional approval, EPA
noted that PADEP would be required to
submit, for EPA’s approval, SIP
revisions to address any facility-wide or
system-wide averaging plan approved
under 25 Pa. Code 129.98 and any caseby-case RACT determinations under 25
Pa. Code 129.99. PADEP committed to
submitting these additional SIP
revisions within 12 months of EPA’s
final conditional approval, specifically
May 9, 2020.
Therefore, as authorized in CAA
section 110(k)(3) and (k)(4),
Pennsylvania was required to submit
the following as case-by-case SIP
revisions, by May 9, 2020, for EPA’s
approval as a condition of approval of
25 Pa. Code 128 and 129 in the May 16,
2016 SIP revision: (1) All facility-wide
or system-wide averaging plans
approved by PADEP under 25 Pa. Code
129.98 including, but not limited to, any
terms and conditions that ensure the
enforceability of the averaging plan as a
practical matter (i.e., any monitoring,
reporting, recordkeeping, or testing
requirements); and (2) all sourcespecific RACT determinations approved
by PADEP under 25 Pa. Code 129.99,
including any alternative compliance
schedules approved under 25 Pa. Code
129.97(k) and 129.99(i); the case-by-case
RACT determinations submitted to EPA
for approval into the SIP should include
any terms and conditions that ensure
7 These requirements were initially approved as
RACT for Pennsylvania under the 1979 1-hour
ozone NAAQS.
8 On August 27, 2020, the Third Circuit Court of
Appeals vacated three provisions of Pennsylvania’s
presumptive RACT II rule applicable to certain
coal-fired power plants. Sierra Club v. EPA, No. 19–
2562 (3rd Cir. August 27, 2010). None of the sources
in this proposed rulemaking are subject to the
presumptive RACT II provisions at issue in the
Sierra Club decision.
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the enforceability of the case-by-case or
source-specific RACT emission
limitation as a practical matter (i.e., any
monitoring, reporting, recordkeeping, or
testing requirements). See May 9, 2019
(84 FR 20274). Through multiple
submissions between 2017 and 2020,
PADEP has submitted to EPA for
approval various SIP submissions to
implement its RACT II case-by-case
determinations and averaging plans.
This proposed rulemaking is based on
EPA’s review of some of these SIP
revisions.
II. Summary of SIP Revisions
In order to satisfy a requirement from
EPA’s May 9, 2019 conditional
approval, PADEP has submitted to EPA,
SIP revisions addressing case-by-case
RACT requirements for major sources in
Pennsylvania subject to 25 Pa. Code
129.99. As noted in Table 1 of this
document, on May 7, 2020, PADEP
submitted to EPA, on behalf of AMS,
SIP revisions pertaining to
Pennsylvania’s case-by-case NOX and/or
VOC RACT determinations for 9 major
sources located in Philadelphia County.
AMS provided documentation in its SIP
revisions to support its case-by-case
RACT determinations for affected
emission units at each major source
subject to 25 Pa. Code 129.99.
Specifically, in this SIP submittal, AMS
evaluated a total of nine major NOX
and/or VOC sources in Pennsylvania for
case-by-case RACT.
In the Pennsylvania RACT SIP
revision, AMS included a case-by-case
RACT determination for the existing
8747
emissions units at each of these major
sources of NOX and/or VOC that
required a source specific RACT
determination. In AMS’ RACT
determinations an evaluation was
completed to determine if previously
SIP-approved, case-by-case RACT
requirements were more stringent and
required to be retained in the sources
Title V air quality permit and
subsequently, the Federally-approved
SIP, or if the new case-by-case RACT
requirements are more stringent and
supersede the previous Federallyapproved provisions.
EPA, in this action, is taking action on
nine major sources of NOX and/or VOC
in Philadelphia County, subject to
Pennsylvania’s case-by-case RACT
requirements, as summarized in Table 2.
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TABLE 2—NINE MAJOR NOX AND/OR VOC SOURCES IN PHILADELPHIA COUNTY SUBJECT TO CASE-BY-CASE RACT II
UNDER THE 2008 8-HOUR OZONE NAAQS
Major source
1997 8-Hour ozone
RACT source?
Major
source pollutant
(NOX and/or VOC)
AdvanSix Resins & Chemicals LLC—Frankford Plant
(formerly Honeywell International—Frankford Plant).
Exelon Generation Company—Richmond Generating
Station.
Grays Ferry Cogeneneration Partnership—Schuylkill Station.
Vicinity Energy Philadelphia—Schuylkill Station (formerly
Veolia Energy Philadelphia—Schuylkill Station).
Kinder Morgan Liquids Terminals, LLC—Philadelphia
Terminal.
Naval Surface Warfare Center—Philadelphia Division
(formerly Naval Surface Warfare Center—Carderock
Division, Ship Systems Engineering Station).
Newman and Company, Inc (formerly Paperworks Industries, Inc).
Philadelphia Energy Solutions Refining and Marketing
LLC.
Philadelphia Shipyard Inc ..................................................
Yes .................................
NOX and VOC ................
IP16–000276 (3/5/2020)
Yes .................................
NOX ................................
IP16–000246 (4/20/2020)
Yes .................................
NOX ................................
IP–16–000250 (3/4/2020)
Yes .................................
NOX ................................
IP16–000249 (3/4/2020)
Yes .................................
VOC ...............................
IP16–000233 (4/20/2020)
Yes .................................
NOX ................................
IP16–000235 (3/20/2020)
Yes .................................
NOX ................................
IP–000223 (3/31/2020)
Yes .................................
NOX and VOC ................
IP–16–00269 (4/24/2020)
No ..................................
VOC ...............................
IP16–000300 (4/8/2020)
The case-by-case RACT
determinations submitted by PADEP, on
behalf of AMS, consist of an evaluation
of all reasonably available controls at
the time of evaluation for each affected
emissions unit, resulting in an AMS
determination of what specific control
requirements, if any, satisfy RACT for
that particular unit. The adoption of
new or additional controls or the
revisions to existing controls as RACT
were specified as requirements in new
or revised Federally enforceable permits
(hereafter RACT II permits) issued by
AMS to the source. The RACT II
permits, which revise or adopt
additional source-specific controls, have
been submitted as part of the
Pennsylvania RACT SIP revisions for
EPA’s approval in the Pennsylvania SIP
under 40 CFR 52.2020(d)(1). The RACT
II permits submitted by PADEP, on
VerDate Sep<11>2014
16:53 Feb 08, 2021
Jkt 253001
behalf of AMS, are listed in the last
column of Table 2 of this document,
along with the permit effective date, and
are part of the docket for this
rulemaking, which is available online at
https://www.regulations.gov, Docket No.
EPA–R03–OAR–2020–0598.9 EPA is
proposing to incorporate by reference in
the Pennsylvania SIP, via the RACT II
permits, source-specific RACT
determinations under the 2008 8-hour
ozone NAAQS for certain major sources
of NOX and VOC emissions in
Philadelphia County.
9 The RACT II permits are termed RACT Plan
Approvals by AMS and reflect the specific RACT
requirements being approved into the Pennsylvania
SIP.
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
RACT II permit
(effective date)
III. EPA’s Evaluation of SIP Revisions
After thorough review and evaluation
of the information provided by PADEP
on behalf of AMS in its SIP revision
submittals for nine major sources of
NOX and/or VOC in Philadelphia
County, EPA finds that AMS’ case-bycase RACT determinations and
conclusions provided are reasonable
and appropriately considered
technically and economically feasible
controls, while setting lowest achievable
limits. EPA finds that the proposed
source-specific RACT controls for the
sources subject to this rulemaking
action adequately meet the CAA RACT
requirements for the 2008 8-hour ozone
NAAQS for the major sources of NOX
and/or VOC in Pennsylvania, as they are
not covered by or cannot meet
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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
Pennsylvania’s presumptive RACT
regulation.
EPA also finds that all the proposed
revisions to previously SIP approved
RACT requirements, under the 1997
8-hour ozone standard, as discussed in
AMS’ SIP revisions, will result in
equivalent or additional reductions of
NOX and/or VOC emissions and should
not interfere with any applicable
requirement concerning attainment or
reasonable further progress with the
NAAQS or interfere with other
applicable CAA requirement in section
110(l) of the CAA.
EPA’s complete analysis of AMS’
case-by-case RACT SIP revisions is
included in the TSD available in the
docket for this rulemaking action and
available online at https://
www.regulations.gov, Docket number
EPA–R03–OAR–2020–0598.
khammond on DSKJM1Z7X2PROD with PROPOSALS
IV. Proposed Action
Based on EPA’s review, EPA is
proposing to approve the Pennsylvania
SIP revisions for the nine case-by-case
RACT facilities listed in Table 2 of this
document and incorporate by reference
in the Pennsylvania SIP, via the RACT
II permits, source specific RACT
determinations under the 2008 8-hour
ozone NAAQS for certain major sources
of NOX and VOC emissions. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action. As EPA views
each facility as a separable SIP revision,
should EPA receive comment on one
facility but not others, EPA may take
separate, final action on the remaining
facilities.
V. 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
source specific RACT determinations
via the RACT II permits as described in
Sections II and III of this document—
Summary of SIP Revisions and EPA’s
Evaluation of SIP Revisions. 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).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
VerDate Sep<11>2014
16:53 Feb 08, 2021
Jkt 253001
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 it is not a significant
regulatory action 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
rulemaking, addressing the NOX and
VOC RACT requirements for nine caseby-case facilities for the 1997 and 2008
8-hour 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
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–02586 Filed 2–8–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 90
[WP Docket No. 07–100; Report No. 3167;
FRS 17394]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petitions for reconsideration.
AGENCY:
Petitions for Reconsideration
(Petitions) have been filed in the
Commission’s rulemaking proceeding
by Jeffrey S. Cohen, on behalf of APCO
International, Ralph A. Haller, on behalf
of National Public Safety
Telecommunications Council and Chief
Jeffrey D. Johnson, on behalf of The
Public Safety Spectrum Alliance.
DATES: Oppositions to the Petitions
must be filed on or before February 24,
2021. Replies to an opposition must be
filed on or before March 8, 2021.
ADDRESSES: Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Nellie A. Foosaner, Mobility Division,
Wireless Telecommunications Bureau,
(202) 418–2925 or Nellie.Foosaner@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3167, released
January 12, 2021. The full text of the
Petitions can be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C.
801(a)(1)(A), because no rules are being
adopted by the Commission.
SUMMARY:
E:\FR\FM\09FEP1.SGM
09FEP1
]]>Agencies
[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8743-8748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02586]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0598; FRL-10018-68-Region 3]
Air Plan Approval; Pennsylvania; Reasonably Available Control
Technology (RACT) Determinations for Case-by-Case Sources Under the
2008 8-Hour Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve multiple state implementation plan (SIP) revisions submitted by
the Commonwealth of Pennsylvania. These revisions were submitted by the
Pennsylvania Department of Environmental Protection (PADEP) to
establish and require reasonably available control technology (RACT)
for major sources of volatile organic compounds (VOC) and nitrogen
oxides (NOX) pursuant to the Commonwealth of Pennsylvania's
conditionally approved RACT regulations. In this rulemaking action, EPA
is only proposing to approve source specific (also referred to as
``case-by-case'') RACT determinations for nine major sources located in
Philadelphia County. These RACT evaluations were submitted to meet RACT
requirements for the 2008 8-hour ozone national ambient air quality
standards (NAAQS). This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before March 11, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0598 at https://www.regulations.gov, or via email to
opila.[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
[[Page 8744]]
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://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814 2217. Mr. Burger can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On May 7, 2020, PADEP submitted two
revisions to its SIP to address case-by-case NOX and/or VOC
RACT for 93 major facilities. These SIP revisions are intended to
address the NOX and/or VOC RACT requirements under sections
182 and 184 of the CAA for the 1997 and 2008 8-hour ozone NAAQS. Table
1 of this document lists the SIP submittal date and the facilities
included in PADEP's submittal that EPA is proposing to approve in this
action. EPA views each facility as a separable SIP revision and may
take separate final action on one or more facilities. In this
rulemaking action, EPA is only proposing to approve case-by-case RACT
determinations for nine of the 93 sources submitted to EPA by PADEP on
behalf of Philadelphia Air Management Services (AMS) for facilities
located in Philadelphia County.
The SIP revisions in this action only establish 2008 8-hour ozone
NAAQS RACT requirements. Applicable RACT requirements under the CAA for
sources located in Philadelphia for the 1997 8-hr ozone NAAQS were
previously satisfied. See 81 FR 69687 (October 7, 2016, effective
November 7, 2016). For additional background information on
Pennsylvania's ``presumptive'' RACT II SIP see 84 FR 20274 (May 9,
2019) and on Pennsylvania's source-specific or ``case-by-case'' RACT
determinations see the appropriate technical support document (TSD)
which is available online at https://www.regulations.gov, Docket No.
EPA-R03-OAR-2020-0598.
Table 1--PADEP SIP Submittals for Major NOX and/or VOC Sources in
Philadelphia County Subject to Source-Specific RACT Under the 2008 8-
Hour Ozone Standard
------------------------------------------------------------------------
SIP submittal date Major source
------------------------------------------------------------------------
5/7/2020..................... AdvanSix Resins & Chemicals LLC--
Frankford Plant (formerly, Honeywell
International--Frankford Plant).
Exelon Generation Company--Richmond
Generating Station.
Grays Ferry Cogeneneration Partnership--
Schuylkill Station.
Vicinity Energy Philadelphia--Schuylkill
Station (formerly Veolia Energy
Philadelphia--Schuylkill Station).
Kinder Morgan Liquids Terminals, LLC--
Philadelphia Terminal.
Naval Surface Warfare Center--
Philadelphia Divison (formerly Naval
Surface Warfare Center--Carderock
Division, Ship Systems Engineering
Station).
Newman and Company, Inc (formerly
Paperworks Industries, Inc).
Philadelphia Energy Solutions Refining
and Marketing LLC.
Philadelphia Shipyard Inc.
------------------------------------------------------------------------
I. Background
A. 1997 and 2008 8-Hour Ozone NAAQS
Ground level ozone is not emitted directly into the air but is
created by chemical reactions between NOX and VOC in the
presence of sunlight. Emissions from industrial facilities, electric
utilities, motor vehicle exhaust, gasoline vapors, and chemical
solvents are some of the major sources of NOX and VOC.
Breathing ozone can trigger a variety of health problems, particularly
for children, the elderly, and people of all ages who have lung
diseases such as asthma. Ground level ozone can also have harmful
effects on sensitive vegetation and ecosystems.
On July 18, 1997, EPA promulgated a standard for ground level ozone
based on 8-hour average concentrations. 62 FR 38856. The 8-hour
averaging period replaced the previous 1-hour averaging period, and the
level of the NAAQS was changed from 0.12 parts per million (ppm) to
0.08 ppm. EPA has 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). See 40 CFR 81.339.
On March 12, 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). 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. 77 FR 30088; see also 40 CFR 81.339.
On March 6, 2015, 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. 80 FR 12264. EPA has determined that
certain nonattainment planning requirements continue to be in effect
under the revoked standard for nonattainment areas under the 1997 8-
hour ozone NAAQS, including RACT.
On November 7, 2016 EPA determined that the Philadelphia 1997 8-
hour ozone NAAQS RACT demonstration satisfies all applicable RACT
requirements under the CAA for Philadelphia for the 1997 8-hour ozone
NAAQS. 81 FR 69687 (October 7, 2016).
B. RACT Requirements for Ozone
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
major stationary sources within areas not meeting the ozone NAAQS.
Areas designated nonattainment for the ozone NAAQS are subject to
the general nonattainment planning requirements of CAA section 172.
Section 172(c)(1) of the CAA provides
[[Page 8745]]
that SIPs for nonattainment areas must include reasonably available
control measures (RACM) for demonstrating attainment of all NAAQS,
including emissions reductions from existing sources through the
adoption of RACT. Further, section 182(b)(2) of the CAA sets forth
additional RACT requirements for ozone nonattainment areas classified
as moderate or higher.
Section 182(b)(2) of the CAA sets forth requirements regarding RACT
for the ozone NAAQS for VOC sources. Section 182(f) subjects major
stationary sources of NOX to the same RACT requirements
applicable to major stationary sources of VOC.\1\
---------------------------------------------------------------------------
\1\ A ``major source'' is defined based on the source's
potential to emit (PTE) of NOX or VOC, and the applicable
thresholds for RACT differs based on the classification of the
nonattainment area in which the source is located. See sections
182(c)-(f) and 302 of the CAA.
---------------------------------------------------------------------------
Section 184(b)(1)(B) of the CAA applies the RACT requirements in
section 182(b)(2) to nonattainment areas classified as marginal and to
attainment areas located within ozone transport regions established
pursuant to section 184 of the CAA. Section 184(a) of the CAA
established by law the current Ozone Transport Region (OTR) comprised
of 12 eastern states, including Pennsylvania. This requirement is
referred to as OTR RACT. As noted previously, a ``major source'' is
defined based on the source's PTE of NOX, VOC, or both
pollutants, and the applicable thresholds 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.
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.\2\
---------------------------------------------------------------------------
\2\ 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 also 44 FR 53762
(September 17, 1979).
---------------------------------------------------------------------------
EPA has provided more substantive RACT requirements through
implementation rules for each ozone NAAQS as well as through guidance.
In 2004 and 2005, EPA promulgated an implementation rule for the 1997
8-hour ozone NAAQS in two phases (``Phase 1 of the 1997 Ozone
Implementation Rule'' and ``Phase 2 of the 1997 Ozone Implementation
Rule''). 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29,
2005), respectively. Particularly, the Phase 2 Ozone Implementation
Rule addressed RACT statutory requirements under the 1997 8-hour ozone
NAAQS. See 70 FR 71652 (November 29, 2005).
On March 6, 2015, EPA issued its final rule for implementing the
2008 8-hour ozone NAAQS (``the 2008 Ozone SIP Requirements Rule''). 80
FR 12264. At the same time, EPA revoked the 1997 8-hour ozone NAAQS,
effective on April 6, 2015.\3\ The 2008 Ozone SIP Requirements Rule
provided comprehensive requirements to transition from the revoked 1997
8-hour ozone NAAQS to the 2008 8-hour ozone NAAQS, as codified in 40
CFR part 51, subpart AA, following revocation. Consistent with previous
policy, EPA determined that areas designated nonattainment for both the
1997 and 2008 8-hour ozone NAAQS at the time of revocation, must retain
implementation of certain nonattainment area requirements (i.e., anti-
backsliding requirements) for the 1997 8-hour ozone NAAQS as specified
under section 182 of the CAA, including RACT. See 40 CFR 51.1100(o). An
area remains subject to the anti-backsliding requirements for a revoked
NAAQS until EPA approves a redesignation to attainment for the area for
the 2008 8-hour ozone NAAQS. There are no effects on applicable
requirements for areas within the OTR, as a result of the revocation of
the 1997 8-hour ozone NAAQS. Thus, Pennsylvania, as a state within the
OTR, remains subject to RACT requirements for both the 1997 8-hour
ozone NAAQS and the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\3\ On February 16, 2018, the United States Court of Appeals for
the District of Columbia Circuit (D.C. Cir. Court) issued an opinion
on the 2008 Ozone SIP Requirements Rule. South Coast Air Quality
Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. February 16, 2018). The
D.C. Cir. Court found certain parts reasonable and denied the
petition for appeal on those. In particular, the D.C. Cir. Court
upheld the use of NOX averaging to meet RACT requirements
for 2008 8-hour ozone NAAQS. However, the Court also found certain
other provisions unreasonable. The D.C. Cir. Court vacated the
provisions it found unreasonable.
---------------------------------------------------------------------------
In addressing RACT, the 2008 Ozone SIP Requirements Rule is
consistent with existing policy and Phase 2 of the 1997 Ozone
Implementation Rule. In the 2008 Ozone SIP Requirements Rule, EPA
requires RACT measures to be implemented by January 1, 2017 for areas
classified as moderate nonattainment or above and all areas of the OTR.
EPA also provided in the 2008 Ozone SIP Requirements Rule that RACT
SIPs must contain adopted RACT regulations, certifications where
appropriate that existing provisions are RACT, and/or negative
declarations stating that there are no sources in the nonattainment
area covered by a specific control technique guidelines (CTG) source
category. In the preamble to the 2008 Ozone SIP Requirements Rule, EPA
clarified that states must provide notice and opportunity for public
comment on their RACT SIP submissions, even when submitting a
certification that the existing provisions remain RACT or a negative
declaration. States must submit appropriate supporting information for
their RACT submissions, in accordance with the Phase 2 of the 1997
Ozone Implementation Rule. Adequate documentation must support that
states have considered control technology that is economically and
technologically feasible in determining RACT, based on information that
is current as of the time of development of the RACT SIP.
In addition, in the 2008 Ozone SIP Requirements Rule, EPA clarified
that states can use weighted average NOX emissions rates
from sources in the nonattainment area for meeting the major
NOX RACT requirement under the CAA, as consistent with
existing policy.\4\ EPA also recognized that states may conclude in
some cases that sources already addressed by RACT determinations for
the 1979 1-hour and/or 1997 8-hour ozone NAAQS may not need to
implement additional controls to meet the 2008 8-hour ozone NAAQS RACT
requirement. See 80 FR 12278-12279 (March 6, 2015).
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\4\ EPA's NOX RACT guidance ``Nitrogen Oxides
Supplement to the General Preamble'' (57 FR 55625; November 25,
1992) encouraged states to develop RACT programs that are based on
``area wide average emission rates.'' Additional guidance on area-
wide RACT provisions is provided by EPA's January 2001 economic
incentive program guidance titled ``Improving Air Quality with
Economic Incentive Programs,'' available at https://www.epa.gov/ttn/oarpg/t1/memoranda/eipfin.pdf. In addition, as mentioned previously,
the D.C. Cir. Court recently upheld the use of NOX
averaging to meet RACT requirements for 2008 8-hour ozone NAAQS.
South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir.
February 16, 2018).
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C. Applicability of RACT Requirements in Pennsylvania
As indicated earlier, RACT requirements apply to any ozone
nonattainment areas classified as moderate or higher (serious, severe
or extreme) under CAA sections 182(b)(2) and 182(f). Pennsylvania has
outstanding ozone RACT requirements for both the 1997 and 2008 8-hour
ozone NAAQS. Philadelphia County only has outstanding ozone RACT
requirements for the 2008 8-hour ozone NAAQS. The entire Commonwealth
of Pennsylvania is part of the OTR established under section 184 of the
CAA and thus is subject statewide to the RACT requirements of CAA
sections 182(b)(2) and 182(f), pursuant to section 184(b).
[[Page 8746]]
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 this standard, the Philadelphia and
the Pittsburgh Areas. As required under EPA's anti-backsliding
provisions, these two moderate nonattainment areas continue to be
subject to RACT under the 1997 8-hour ozone NAAQS. Given its location
in the OTR, the remainder of the Commonwealth is also treated as
moderate nonattainment area under the 1997 8-hour ozone NAAQS for any
planning requirements under the revoked standard, including RACT. The
OTR RACT requirement is also in effect under the 2008 8-hour ozone
NAAQS throughout the Commonwealth, since EPA did not designate any
nonattainment areas above marginal for this standard in Pennsylvania.
Thus, in practice, the same RACT requirements continue to be applicable
in Pennsylvania for both the 1997 and 2008 8-hour ozone NAAQS. RACT
must be evaluated and satisfied as separate requirements under each
applicable standard.
RACT applies to major sources of NOX and VOC under each
ozone NAAQS or any VOC sources subject to CTG RACT. Which
NOX and VOC sources in Pennsylvania are considered ``major''
and are therefore subject to RACT is dependent on the location of each
source within the Commonwealth. Sources located in nonattainment areas
would be subject to the ``major source'' definitions established under
the CAA. In the case of Pennsylvania, sources located in any areas
outside of moderate or above nonattainment areas, as part of the OTR,
shall be treated as if these areas were moderate.
In Pennsylvania, the SIP program is implemented primarily by the
PADEP, but also by local air agencies in Philadelphia County (the City
of Philadelphia's Air Management Services [AMS]) and Allegheny County,
(the 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.
Historically, 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 have incorporated by reference Pennsylvania regulations, but
have also promulgated regulations adopting RACT controls for their own
jurisdictions. In addition, AMS and ACHD have submitted, through PADEP,
separate source-specific RACT determinations as SIP revisions for
sources within their respective jurisdictions, 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, certifying that a number of previously approved
VOC RACT rules continued to satisfy RACT under the 1997 8-hour ozone
NAAQS for the remainder of Pennsylvania.\5\ PADEP has met its
obligations under the 1997 8-hour ozone NAAQS for its CTG and non-CTG
VOC sources. See 82 FR 31464 (July 7, 2017). RACT control measures
addressing all applicable CAA RACT requirements under the 1997 8-hour
ozone NAAQS have been implemented and fully approved in the
jurisdictions of ACHD and AMS. See 78 FR 34584 (June 10, 2013) and 81
FR 69687 (October 7, 2016). For the 2008 8-hour ozone NAAQS, states
were required to submit RACT SIP revisions by July 20, 2014. On May 16,
2016, PADEP submitted a SIP revision addressing RACT under both the
1997 and 2008 8-hour ozone NAAQS in Pennsylvania. Specifically, the May
16, 2016 SIP submittal intended to satisfy sections 182(b)(2)(C),
182(f), and 184 of the CAA for both the 1997 and 2008 8-hour ozone
NAAQS for Pennsylvania's major NOX and VOC non-CTG sources,
except ethylene production plants, surface active agents manufacturing,
and mobile equipment repair and refinishing.\6\
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\5\ The September 15, 2006 SIP submittal initially included
Pennsylvania's certification of NOX RACT regulations;
however, NOX RACT portions were withdrawn by PADEP on
June 27, 2016.
\6\ EPA's conditional approval of PADEP's May 16, 2016 SIP
revision covered relevant sources located in both Philadelphia and
Allegheny County, Pennsylvania.
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D. EPA's Conditional Approval for Pennsylvania's RACT Requirements
Under the 1997 and 2008 8-Hour Ozone NAAQS
On May 16, 2016, PADEP submitted a SIP revision addressing RACT
under both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania.
PADEP's May 16, 2016 SIP revision intended to address certain
outstanding non-CTG VOC RACT, VOC CTG RACT, and major NOX
RACT requirements under the CAA for both standards. The SIP revision
requested approval of Pennsylvania's 25 Pa. Code 129.96-100, Additional
RACT Requirements for Major Sources of NOX and VOCs (the
``presumptive'' RACT II rule). Prior to the adoption of the RACT II
rule, Pennsylvania relied on the NOX and VOC control
measures in 25 Pa. Code 129.92-95, Stationary Sources of NOX and VOCs,
(the RACT I rule) to meet RACT for non-CTG major VOC sources and major
NOX sources. The requirements of the RACT I rule remain in
effect and continue to be implemented as RACT.\7\ On September 26,
2017, PADEP submitted a supplemental SIP revision which committed to
address various deficiencies identified by EPA in their May 16, 2016
``presumptive'' RACT II rule SIP revision.
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\7\ These requirements were initially approved as RACT for
Pennsylvania under the 1979 1-hour ozone NAAQS.
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On May 9, 2019, EPA conditionally approved the RACT II rule based
on PADEP's September 26, 2017 commitment letter.\8\ See 84 FR 20274. In
EPA's final conditional approval, EPA noted that PADEP would be
required to submit, for EPA's approval, SIP revisions to address any
facility-wide or system-wide averaging plan approved under 25 Pa. Code
129.98 and any case-by-case RACT determinations under 25 Pa. Code
129.99. PADEP committed to submitting these additional SIP revisions
within 12 months of EPA's final conditional approval, specifically May
9, 2020.
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\8\ On August 27, 2020, the Third Circuit Court of Appeals
vacated three provisions of Pennsylvania's presumptive RACT II rule
applicable to certain coal-fired power plants. Sierra Club v. EPA,
No. 19-2562 (3rd Cir. August 27, 2010). None of the sources in this
proposed rulemaking are subject to the presumptive RACT II
provisions at issue in the Sierra Club decision.
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Therefore, as authorized in CAA section 110(k)(3) and (k)(4),
Pennsylvania was required to submit the following as case-by-case SIP
revisions, by May 9, 2020, for EPA's approval as a condition of
approval of 25 Pa. Code 128 and 129 in the May 16, 2016 SIP revision:
(1) All facility-wide or system-wide averaging plans approved by PADEP
under 25 Pa. Code 129.98 including, but not limited to, any terms and
conditions that ensure the enforceability of the averaging plan as a
practical matter (i.e., any monitoring, reporting, recordkeeping, or
testing requirements); and (2) all source-specific RACT determinations
approved by PADEP under 25 Pa. Code 129.99, including any alternative
compliance schedules approved under 25 Pa. Code 129.97(k) and
129.99(i); the case-by-case RACT determinations submitted to EPA for
approval into the SIP should include any terms and conditions that
ensure
[[Page 8747]]
the enforceability of the case-by-case or source-specific RACT emission
limitation as a practical matter (i.e., any monitoring, reporting,
recordkeeping, or testing requirements). See May 9, 2019 (84 FR 20274).
Through multiple submissions between 2017 and 2020, PADEP has submitted
to EPA for approval various SIP submissions to implement its RACT II
case-by-case determinations and averaging plans. This proposed
rulemaking is based on EPA's review of some of these SIP revisions.
II. Summary of SIP Revisions
In order to satisfy a requirement from EPA's May 9, 2019
conditional approval, PADEP has submitted to EPA, SIP revisions
addressing case-by-case RACT requirements for major sources in
Pennsylvania subject to 25 Pa. Code 129.99. As noted in Table 1 of this
document, on May 7, 2020, PADEP submitted to EPA, on behalf of AMS, SIP
revisions pertaining to Pennsylvania's case-by-case NOX and/
or VOC RACT determinations for 9 major sources located in Philadelphia
County. AMS provided documentation in its SIP revisions to support its
case-by-case RACT determinations for affected emission units at each
major source subject to 25 Pa. Code 129.99. Specifically, in this SIP
submittal, AMS evaluated a total of nine major NOX and/or
VOC sources in Pennsylvania for case-by-case RACT.
In the Pennsylvania RACT SIP revision, AMS included a case-by-case
RACT determination for the existing emissions units at each of these
major sources of NOX and/or VOC that required a source
specific RACT determination. In AMS' RACT determinations an evaluation
was completed to determine if previously SIP-approved, case-by-case
RACT requirements were more stringent and required to be retained in
the sources Title V air quality permit and subsequently, the Federally-
approved SIP, or if the new case-by-case RACT requirements are more
stringent and supersede the previous Federally-approved provisions.
EPA, in this action, is taking action on nine major sources of
NOX and/or VOC in Philadelphia County, subject to
Pennsylvania's case-by-case RACT requirements, as summarized in Table
2.
Table 2--Nine Major NOX and/or VOC Sources in Philadelphia County Subject to Case-by-Case RACT II Under the 2008 8-Hour Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Major source pollutant (NOX and/
Major source 1997 8-Hour ozone RACT source? or VOC) RACT II permit (effective date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
AdvanSix Resins & Chemicals LLC-- Yes................................. NOX and VOC........................ IP16-000276 (3/5/2020)
Frankford Plant (formerly
Honeywell International--
Frankford Plant).
Exelon Generation Company-- Yes................................. NOX................................ IP16-000246 (4/20/2020)
Richmond Generating Station.
Grays Ferry Cogeneneration Yes................................. NOX................................ IP-16-000250 (3/4/2020)
Partnership--Schuylkill Station.
Vicinity Energy Philadelphia-- Yes................................. NOX................................ IP16-000249 (3/4/2020)
Schuylkill Station (formerly
Veolia Energy Philadelphia--
Schuylkill Station).
Kinder Morgan Liquids Terminals, Yes................................. VOC................................ IP16-000233 (4/20/2020)
LLC--Philadelphia Terminal.
Naval Surface Warfare Center-- Yes................................. NOX................................ IP16-000235 (3/20/2020)
Philadelphia Division (formerly
Naval Surface Warfare Center--
Carderock Division, Ship Systems
Engineering Station).
Newman and Company, Inc (formerly Yes................................. NOX................................ IP-000223 (3/31/2020)
Paperworks Industries, Inc).
Philadelphia Energy Solutions Yes................................. NOX and VOC........................ IP-16-00269 (4/24/2020)
Refining and Marketing LLC.
Philadelphia Shipyard Inc......... No.................................. VOC................................ IP16-000300 (4/8/2020)
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The case-by-case RACT determinations submitted by PADEP, on behalf
of AMS, consist of an evaluation of all reasonably available controls
at the time of evaluation for each affected emissions unit, resulting
in an AMS determination of what specific control requirements, if any,
satisfy RACT for that particular unit. The adoption of new or
additional controls or the revisions to existing controls as RACT were
specified as requirements in new or revised Federally enforceable
permits (hereafter RACT II permits) issued by AMS to the source. The
RACT II permits, which revise or adopt additional source-specific
controls, have been submitted as part of the Pennsylvania RACT SIP
revisions for EPA's approval in the Pennsylvania SIP under 40 CFR
52.2020(d)(1). The RACT II permits submitted by PADEP, on behalf of
AMS, are listed in the last column of Table 2 of this document, along
with the permit effective date, and are part of the docket for this
rulemaking, which is available online at https://www.regulations.gov,
Docket No. EPA-R03-OAR-2020-0598.\9\ EPA is proposing to incorporate by
reference in the Pennsylvania SIP, via the RACT II permits, source-
specific RACT determinations under the 2008 8-hour ozone NAAQS for
certain major sources of NOX and VOC emissions in
Philadelphia County.
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\9\ The RACT II permits are termed RACT Plan Approvals by AMS
and reflect the specific RACT requirements being approved into the
Pennsylvania SIP.
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III. EPA's Evaluation of SIP Revisions
After thorough review and evaluation of the information provided by
PADEP on behalf of AMS in its SIP revision submittals for nine major
sources of NOX and/or VOC in Philadelphia County, EPA finds
that AMS' case-by-case RACT determinations and conclusions provided are
reasonable and appropriately considered technically and economically
feasible controls, while setting lowest achievable limits. EPA finds
that the proposed source-specific RACT controls for the sources subject
to this rulemaking action adequately meet the CAA RACT requirements for
the 2008 8-hour ozone NAAQS for the major sources of NOX
and/or VOC in Pennsylvania, as they are not covered by or cannot meet
[[Page 8748]]
Pennsylvania's presumptive RACT regulation.
EPA also finds that all the proposed revisions to previously SIP
approved RACT requirements, under the 1997 8-hour ozone standard, as
discussed in AMS' SIP revisions, will result in equivalent or
additional reductions of NOX and/or VOC emissions and should
not interfere with any applicable requirement concerning attainment or
reasonable further progress with the NAAQS or interfere with other
applicable CAA requirement in section 110(l) of the CAA.
EPA's complete analysis of AMS' case-by-case RACT SIP revisions is
included in the TSD available in the docket for this rulemaking action
and available online at https://www.regulations.gov, Docket number EPA-
R03-OAR-2020-0598.
IV. Proposed Action
Based on EPA's review, EPA is proposing to approve the Pennsylvania
SIP revisions for the nine case-by-case RACT facilities listed in Table
2 of this document and incorporate by reference in the Pennsylvania
SIP, via the RACT II permits, source specific RACT determinations under
the 2008 8-hour ozone NAAQS for certain major sources of NOX
and VOC emissions. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action. As EPA views each facility as a separable SIP
revision, should EPA receive comment on one facility but not others,
EPA may take separate, final action on the remaining facilities.
V. 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 source specific RACT determinations via the RACT II permits
as described in Sections II and III of this document--Summary of SIP
Revisions and EPA's Evaluation of SIP Revisions. 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).
VI. 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 it is not a significant regulatory
action 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 rulemaking, addressing the
NOX and VOC RACT requirements for nine case-by-case
facilities for the 1997 and 2008 8-hour 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02586 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P
