Approval and Promulgation of Air Quality Plans; Pennsylvania; Reasonably Available Control Technology (RACT) Determinations for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 9031-9036 [2021-02587]

Download as PDF Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules Federal banking agency must consider, consistent with principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations. In addition, section 302(b) of RCDRIA requires new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally to take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form.18 The FDIC invites comments that further will inform its consideration of RCDRIA. List of Subjects in 12 CFR Part 390 Administrative practice and procedure, Advertising, Aged, Civil rights, Conflict of interests, Credit, Crime, Equal employment opportunity, Fair housing, Government employees, Individuals with disabilities, Reporting and recordkeeping requirements, Savings associations. PART 390—REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT SUPERVISION Authority and Issuance For the reasons stated in the preamble, the Federal Deposit Insurance Corporation proposes to amend part 390 of title 12 of the Code of Federal Regulations as follows: 1. The authority citation for part 390 is revised to read as follows: ■ Authority: 12 U.S.C. 1819. Subpart Q—[Removed and Reserved] 2. Remove and reserve subpart Q, consisting of §§ 390.280 through 390.316. ■ Federal Deposit Insurance Corporation. By order of the Board of Directors. khammond on DSKJM1Z7X2PROD with PROPOSALS Dated at Washington, DC, on January 19, 2021. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2021–01536 Filed 2–10–21; 8:45 am] BILLING CODE 6714–01–P 18 Id. VerDate Sep<11>2014 16:09 Feb 10, 2021 Jkt 253001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2020–0597; FRL–10019– 43–Region 3] Approval and Promulgation of Air Quality Plans; Pennsylvania; Reasonably Available Control Technology (RACT) Determinations for Case-by-Case Sources Under the 1997 and 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 nine major sources of volatile organic compounds (VOC) and/or 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 eight of the nine major sources submitted by PADEP. These RACT evaluations were submitted to meet RACT requirements for the 1997 and 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 15, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2020–0597 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 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 SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 9031 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: Ms. Emily Bertram, 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) 814–5273. Ms. Bertram can also be reached via electronic mail at bertram.emily@ epa.gov. On March 9, 2020, PADEP submitted a revision to its SIP to address case-by-case NOX and/ or VOC RACT for nine major facilities. This SIP revision is 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. Although submitted in one SIP revision by PADEP, 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 eight of the nine sources submitted to EPA by PADEP. The remaining major source, Montour LLC, will be acted on in a future rulemaking action. 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 ‘‘caseby-case’’ RACT determinations see the appropriate technical support document (TSD) which is available online at https://www.regulations.gov, Docket No. EPA–R03–OAR–2020–0597. SUPPLEMENTARY INFORMATION: E:\FR\FM\11FEP1.SGM 11FEP1 9032 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules TABLE 1—PADEP SIP SUBMITTALS FOR MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO SOURCESPECIFIC RACT UNDER THE 1997 AND 2008 8-HOUR OZONE STANDARD SIP submittal date Major source (county) 3/9/2020 .............................................................. Volvo Construction Equipment North America (Franklin). National Fuel Gas Supply Corporation—Roystone Compressor Station (Warren). Montour, LLC (Montour).a E.I DuPont de Nemours and Co. (Bradford). Carmeuse Lime Inc. (Lebanon). Kovatch Mobile Equipment Corp. (Carbon). Merck, Sharpe & Dohme Corp. (formerly Merck and Co., Inc.—West Point Facility) (Montgomery). Letterkenny Army Depot (formerly Department of the Army) (Franklin). Fairless Energy, LLC (Bucks). a EPA will be taking action on this source in a future rulemaking action. khammond on DSKJM1Z7X2PROD with PROPOSALS 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 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 8hour 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 determined that certain nonattainment VerDate Sep<11>2014 16:09 Feb 10, 2021 Jkt 253001 planning requirements continue to be in effect under the revoked standard for nonattainment areas under the 1997 8hour ozone NAAQS, including RACT. 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 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’’ 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. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 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 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). 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. E:\FR\FM\11FEP1.SGM 11FEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 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 (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 The D.C. Cir. Court vacated the provisions it found unreasonable. VerDate Sep<11>2014 16:09 Feb 10, 2021 Jkt 253001 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. 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). 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 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). PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 9033 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 E:\FR\FM\11FEP1.SGM 11FEP1 9034 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 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 8hour 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 khammond on DSKJM1Z7X2PROD with PROPOSALS 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 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. VerDate Sep<11>2014 16:09 Feb 10, 2021 Jkt 253001 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 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 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, 2020). None of the sources in this proposed rulemaking are subject to the presumptive RACT II provisions at issue in the Sierra Club decision. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 one 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 March 9, 2020, PADEP submitted to EPA, a SIP revision pertaining to Pennsylvania’s case-bycase NOX and/or VOC RACT determinations for nine major sources located in the Commonwealth. PADEP 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, PADEP evaluated a total of nine major NOX and/or VOC sources in Pennsylvania for case-by-case RACT.9 In the Pennsylvania RACT SIP revision, PADEP included a case-bycase 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 PADEP’s RACT determinations an evaluation was completed to determine if previously SIP-approved, case-by-case RACT requirements (herein referred to as RACT I) 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. In this rulemaking action, EPA is taking action on eight major sources of NOX and/or VOC in Pennsylvania, subject to Pennsylvania’s case-by-case RACT requirements, as summarized in Table 2. 9 As noted previously, EPA, in this action, is proposing approval for eight of the nine case-bycase RACT determinations submitted by PADEP in the applicable SIP revision. See Table 1 of this document for more detailed information. E:\FR\FM\11FEP1.SGM 11FEP1 9035 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules TABLE 2—EIGHT MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO CASE-BY-CASE RACT II UNDER THE 1997 AND 2008 8-HOUR OZONE NAAQS Major source (county) 1-Hour ozone RACT source? (RACT I) Major source pollutant (NOX and/or VOC) Volvo Construction Equipment North America (Franklin) National Fuel Gas Supply Corporation—Roystone Compressor Station (Warren). E.I DuPont de Nemours and Co. (Bradford) ................... Carmeuse Lime Inc. (Lebanon) ....................................... Kovatch Mobile Equipment Corp. (Carbon) .................... Merck, Sharpe & Dohme Corp. (formerly Merck and Co., Inc.—West Point Facility) (Montgomery). Letterkenny Army Depot (formerly Department of the Army) (Franklin). Fairless Energy, LLC (Bucks) ......................................... No ...................................... Yes .................................... VOC ................................... NOX and VOC ................... 28–05012 (6/1/2019). 62–141H (1/16/2018). Yes .................................... Yes .................................... No ...................................... Yes .................................... NOX and VOC ................... NOX ................................... VOC ................................... NOX and VOC ................... 08–00002 38–05003 13–00008 46–00005 Yes .................................... VOC ................................... 28–05002 (6/1/2018). No ...................................... NOX and VOC ................... 09–00124 (12/6/2016). The case-by-case RACT determinations submitted by PADEP consist of an evaluation of all reasonably available controls at the time of evaluation for each affected emissions unit, resulting in a PADEP 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 PADEP 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 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– 0597.10 EPA is proposing to incorporate by reference in the Pennsylvania SIP, via the RACT II permits, source-specific RACT determinations under the 1997 and 2008 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions. khammond on DSKJM1Z7X2PROD with PROPOSALS III. EPA’s Evaluation of SIP Revisions After thorough review and evaluation of the information provided by PADEP for eight major sources of NOX and/or VOC in Pennsylvania in its SIP revision submittal, EPA finds that PADEP’s caseby-case RACT determinations and conclusions provided are reasonable and appropriately considered 10 The RACT II permits are redacted versions of a facility’s Federally enforceable permits and reflect the specific RACT requirements being approved into the Pennsylvania SIP. VerDate Sep<11>2014 16:09 Feb 10, 2021 Jkt 253001 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 1997 and 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 Pennsylvania’s presumptive RACT regulation. EPA also finds that all the proposed revisions to previously SIP approved RACT requirements, under the 1979 1-hour ozone standard (RACT I), as discussed in PADEP’s 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 PADEP’s 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–2020–0597. IV. Proposed Action Based on EPA’s review, EPA is proposing to approve the Pennsylvania SIP revisions for the eight 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 1997 and 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 RACT II permit (effective date) (9/28/2018). (3/6/2019). (10/27/2017). (1/5/2017). 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 E:\FR\FM\11FEP1.SGM 11FEP1 9036 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 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 Pennsylvania’s NOX and VOC RACT requirements for eight 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. khammond on DSKJM1Z7X2PROD with PROPOSALS List of Subjects in 40 CFR Part 52 Air pollution control, Environmental protection, 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. 2021–02587 Filed 2–10–21; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:09 Feb 10, 2021 Jkt 253001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2020–0387; FRL 10017–05– Region 5] Air Plan Approval; Indiana; Emissions Reporting Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Indiana State Implementation Plan (SIP) submitted on July 16, 2020, by the Indiana Department of Environmental Management (IDEM). The revision incorporates changes to Indiana’s existing emission reporting rule to be consistent with the emissions statement requirements in the Clean Air Act (CAA). The CAA requires stationary sources in ozone nonattainment areas to submit annual emissions statements. The revision to the rule extends the requirements in Indiana’s emission reporting rule to Clark and Floyd counties, which were designated nonattainment under the 2015 ozone National Ambient Air Quality Standard (NAAQS) in 2018, and removes the requirement for Lawrenceburg Township in Dearborn County and to LaPorte County, because these areas are currently designated attainment for the 1997, 2008 and 2015 ozone standards. DATES: Comments must be received on or before March 15, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2020–0387 at https:// www.regulations.gov or via email to blakley.pamela@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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: Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6031, hatten.charles@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays and facility closures due to COVID–19. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. Emissions Statement Rule Requirements Section 182(a)(3)(B) of the CAA requires states with ozone nonattainment areas to submit revisions to their SIPs to require the owner or operator of each stationary source of volatile organic compounds (VOC) or oxides of nitrogen (NOX) to provide the state with an annual statement documenting the actual emissions of VOC and NOX from their source. This requirement applies to each stationary source emitting greater than or equal to 25 tons per year of VOC or NOX in an ozone nonattainment area. As EPA has promulgated more stringent NAAQS for ozone in 1997, 2008, and 2015, additional areas in Indiana have been designated as nonattainment. On March 29, 2007 (72 FR 14681), EPA determined that Indiana regulation 326 Indiana Administrative Code (IAC) 2–6, Emission Reporting, satisfied the requirements of CAA Section 182(a)(3)(B) for nonattainment areas under the 1997 ozone NAAQS. The requirement to submit annual emissions statements affected stationary sources located in Lake, Porter, and LaPorte Counties. On April 7, 2017 (82 FR 16926), EPA approved into Indiana’s SIP a revised version of 326 IAC 2–6 that extended the emissions reporting requirements to Lawrenceburg Township, Dearborn County, which had been designated nonattainment under the 2008 ozone NAAQS. In a separate action, on April 7, 2017 (82 FR 16934), EPA approved Indiana’s emissions reporting requirements for Lake and Porter counties designated E:\FR\FM\11FEP1.SGM 11FEP1

Agencies

[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Proposed Rules]
[Pages 9031-9036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02587]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0597; FRL-10019-43-Region 3]


Approval and Promulgation of Air Quality Plans; Pennsylvania; 
Reasonably Available Control Technology (RACT) Determinations for Case-
by-Case Sources Under the 1997 and 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 nine major sources of volatile organic compounds (VOC) and/or 
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 eight of 
the nine major sources submitted by PADEP. These RACT evaluations were 
submitted to meet RACT requirements for the 1997 and 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 15, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0597 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Emily Bertram, 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) 814-5273. Ms. Bertram can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On March 9, 2020, PADEP submitted a revision 
to its SIP to address case-by-case NOX and/or VOC RACT for 
nine major facilities. This SIP revision is 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. Although submitted in one SIP revision by PADEP, 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 eight 
of the nine sources submitted to EPA by PADEP. The remaining major 
source, Montour LLC, will be acted on in a future rulemaking action.
    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-
0597.

[[Page 9032]]



    Table 1--PADEP SIP Submittals for Major NOX and/or VOC Sources in
 Pennsylvania Subject to Source-Specific RACT Under the 1997 and 2008 8-
                           Hour Ozone Standard
------------------------------------------------------------------------
      SIP submittal date                 Major source (county)
------------------------------------------------------------------------
3/9/2020.....................  Volvo Construction Equipment North
                                America (Franklin).
                               National Fuel Gas Supply Corporation--
                                Roystone Compressor Station (Warren).
                               Montour, LLC (Montour).\a\
                               E.I DuPont de Nemours and Co. (Bradford).
                               Carmeuse Lime Inc. (Lebanon).
                               Kovatch Mobile Equipment Corp. (Carbon).
                               Merck, Sharpe & Dohme Corp. (formerly
                                Merck and Co., Inc.--West Point
                                Facility) (Montgomery).
                               Letterkenny Army Depot (formerly
                                Department of the Army) (Franklin).
                               Fairless Energy, LLC (Bucks).
------------------------------------------------------------------------
\a\ EPA will be taking action on this source in a future rulemaking
  action.

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.

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 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

[[Page 9033]]

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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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. 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).
    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

[[Page 9034]]

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \7\ These requirements were initially approved as RACT for 
Pennsylvania under the 1979 1-hour ozone NAAQS.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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, 2020). None of the sources in this 
proposed rulemaking are subject to the presumptive RACT II 
provisions at issue in the Sierra Club decision.
---------------------------------------------------------------------------

    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 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 one 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 March 9, 2020, PADEP submitted to EPA, a SIP revision 
pertaining to Pennsylvania's case-by-case NOX and/or VOC 
RACT determinations for nine major sources located in the Commonwealth. 
PADEP 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, PADEP evaluated a total of nine major NOX and/or 
VOC sources in Pennsylvania for case-by-case RACT.\9\
---------------------------------------------------------------------------

    \9\ As noted previously, EPA, in this action, is proposing 
approval for eight of the nine case-by-case RACT determinations 
submitted by PADEP in the applicable SIP revision. See Table 1 of 
this document for more detailed information.
---------------------------------------------------------------------------

    In the Pennsylvania RACT SIP revision, PADEP 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 PADEP's RACT determinations an 
evaluation was completed to determine if previously SIP-approved, case-
by-case RACT requirements (herein referred to as RACT I) 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.
    In this rulemaking action, EPA is taking action on eight major 
sources of NOX and/or VOC in Pennsylvania, subject to 
Pennsylvania's case-by-case RACT requirements, as summarized in Table 
2.

[[Page 9035]]



 Table 2--Eight Major NOX and/or VOC Sources in Pennsylvania Subject to Case-by-Case RACT II Under the 1997 and
                                             2008 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                          1-Hour ozone RACT     Major source  pollutant       RACT II permit
        Major source (county)              source? (RACT I)         (NOX and/or VOC)         (effective date)
----------------------------------------------------------------------------------------------------------------
Volvo Construction Equipment North     No.....................  VOC....................  28-05012 (6/1/2019).
 America (Franklin).
National Fuel Gas Supply Corporation-- Yes....................  NOX and VOC............  62-141H (1/16/2018).
 Roystone Compressor Station (Warren).
E.I DuPont de Nemours and Co.          Yes....................  NOX and VOC............  08-00002 (9/28/2018).
 (Bradford).
Carmeuse Lime Inc. (Lebanon).........  Yes....................  NOX....................  38-05003 (3/6/2019).
Kovatch Mobile Equipment Corp.         No.....................  VOC....................  13-00008 (10/27/2017).
 (Carbon).
Merck, Sharpe & Dohme Corp. (formerly  Yes....................  NOX and VOC............  46-00005 (1/5/2017).
 Merck and Co., Inc.--West Point
 Facility) (Montgomery).
Letterkenny Army Depot (formerly       Yes....................  VOC....................  28-05002 (6/1/2018).
 Department of the Army) (Franklin).
Fairless Energy, LLC (Bucks).........  No.....................  NOX and VOC............  09-00124 (12/6/2016).
----------------------------------------------------------------------------------------------------------------

    The case-by-case RACT determinations submitted by PADEP consist of 
an evaluation of all reasonably available controls at the time of 
evaluation for each affected emissions unit, resulting in a PADEP 
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 PADEP 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 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-2020-0597.\10\ EPA 
is proposing to incorporate by reference in the Pennsylvania SIP, via 
the RACT II permits, source-specific RACT determinations under the 1997 
and 2008 8-hour ozone NAAQS for certain major sources of NOX 
and VOC emissions.
---------------------------------------------------------------------------

    \10\ The RACT II permits are redacted versions of a facility's 
Federally enforceable permits and reflect the specific RACT 
requirements being approved into the Pennsylvania SIP.
---------------------------------------------------------------------------

III. EPA's Evaluation of SIP Revisions

    After thorough review and evaluation of the information provided by 
PADEP for eight major sources of NOX and/or VOC in 
Pennsylvania in its SIP revision submittal, EPA finds that PADEP's 
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 1997 and 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 Pennsylvania's presumptive RACT regulation.
    EPA also finds that all the proposed revisions to previously SIP 
approved RACT requirements, under the 1979 1-hour ozone standard (RACT 
I), as discussed in PADEP's 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 PADEP's 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-2020-0597.

IV. Proposed Action

    Based on EPA's review, EPA is proposing to approve the Pennsylvania 
SIP revisions for the eight 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 1997 and 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

[[Page 9036]]

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 Pennsylvania's 
NOX and VOC RACT requirements for eight 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

    Air pollution control, Environmental protection, 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. 2021-02587 Filed 2-10-21; 8:45 am]
BILLING CODE 6560-50-P
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