Air Plan Approval; Reasonably Available Control Technology (RACT) Determinations for Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient Air Quality Standards, 24564-24569 [2021-09099]
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Proposed Rules
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
That airspace extending upward from 700
feet above the surface within an 8.0-mile
radius of Hancock County-Bar Harbor Airport
and 3.7 miles each side of the 025° bearing
extending from the 8.0-mile radius to 11.4
miles northeast from the airport, and that
airspace within a 6.0-mile radius of the Bar
Harbor Heliport.
Issued in College Park, Georgia, on April
28, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team,
Eastern Service Center, Air Traffic
Organization.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’, prior to any FAA final
regulatory action.
[FR Doc. 2021–09226 Filed 5–6–21; 8:45 am]
Lists of Subjects in 14 CFR Part 71
Food and Drug Administration
Airspace, Incorporation by reference,
Navigation (air).
21 CFR Part 573
The Proposed Amendment
[Docket No. FDA–2017–F–0969]
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
Canadian Oilseed Processors
Association; Withdrawal of Food
Additive Petition (Animal Use)
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
Paragraph 6002
Class E Surface Airspace.
*
*
*
*
*
ANE ME E2 Bar Harbor, ME [Amend]
Hancock County-Bar Harbor Airport, ME
(Lat. 44°26′59″ N, long. 68°21′41″ W)
That airspace extending upward from the
surface within a 5.5-mile radius of Hancock
County-Bar Harbor Airport.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANE ME E5 Bar Harbor, ME [Amend]
Hancock County-Bar Harbor Airport, ME
(Lat. 44°26′59″ N, long. 68°21′41″ W)
Bar Harbor Heliport
(Lat. 44°22′54″ N, long. 68°12′14″ W)
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announced that we had filed a food
additive petition (FAP 2299), submitted
by Canadian Oilseed Processors
Association, 404–167 Lombard Ave.,
Winnipeg MB R3B 0T6, Canada. The
petition proposed to amend part 573 of
title 21 of the Code of Federal
Regulations (CFR), Food Additives
Permitted in Feed and Drinking Water of
Animals (21 CFR part 573), to provide
for the safe use of spent bleaching clay
as a flow agent in canola meal for all
livestock and poultry species.
Additionally, the submission proposed
that the existing regulations be amended
to provide for the safe use of silicon
dioxide (21 CFR 573.940) and
diatomaceous earth (21 CFR 573.340) for
use as components of spent beaching
clay. The Canadian Oilseed Processors
Association has now withdrawn the
petition without prejudice to a future
filing (21 CFR 571.7).
Dated: April 30, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for
Policy.
[FR Doc. 2021–09715 Filed 5–6–21; 8:45 am]
BILLING CODE 4164–01–P
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notification; withdrawal of
petition.
ENVIRONMENTAL PROTECTION
AGENCY
The Food and Drug
Administration (FDA) is announcing the
withdrawal, without prejudice to a
future filing, of a food additive petition
(FAP 2299) proposing that the food
additive regulations be amended to
provide for the safe use of spent
bleaching clay as a flow agent in canola
meal for all livestock and poultry
species. Additionally, the petition
proposed that the regulations be
amended to provide for the safe use of
silicon dioxide and diatomaceous earth
as components of spent bleaching clay.
DATES: The food additive petition was
withdrawn on January 12, 2021.
ADDRESSES: For access to the docket, go
to https://www.regulations.gov and
insert the docket number, found in
brackets in the heading of this
document, into the ‘‘Search’’ box and
follow the prompts, and/or go to the
Dockets Management Staff, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Chelsea Cerrito, Center for Veterinary
Medicine, HFV–221, Food and Drug
Administration, 7519 Standish Pl., Rm.
2684, Rockville, MD 20855, 240–402–
6729, Chelsea.Cerrito@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In a notice
published in the Federal Register on
April 18, 2017 (82 FR 18268), FDA
40 CFR Part 52
SUMMARY:
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[EPA–R03–OAR–2020–0575; FRL–10022–
51-Region 3]
Air Plan Approval; 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
ten 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 proposing to approve sourcespecific (also referred to as ‘‘case-bycase’’) RACT determinations for ten
SUMMARY:
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major sources located in Allegheny
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 June 7, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0575 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
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.
Ms.
Cynthia Stahl, Air Quality Analysis
Branch (3AD30), Air and Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2180.
Ms. Stahl can also be reached via
electronic mail at stahl.cynthia@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
On May 7,
2020, PADEP submitted revisions to its
SIP to address case-by-case NOX and/or
VOC RACT for 93 major facilities. On
February 9, 2021, PADEP supplemented
its May 7, 2020 submittal with
SUPPLEMENTARY INFORMATION:
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additional materials for nine facilities in
Allegheny County. 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/or 2008 8-hour ozone NAAQS.
Table 1 of this document lists the
facilities included in PADEP’s
submittals 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 ten of the 93
facilities submitted to EPA by PADEP.
These ten facilities are located in
Allegheny County and were submitted
on behalf of the Allegheny County
Health Department (ACHD).
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–2020–0575.
TABLE 1—PADEP SIP SUBMITTALS FOR MAJOR NOX AND/OR VOC SOURCES IN ALLEGHENY COUNTY, PENNSYLVANIA
SUBJECT TO SOURCE-SPECIFIC RACT UNDER THE 2008 8-HOUR OZONE STANDARD
Major source
Bellefield boiler
Eastman Chemical Resins, Inc.
Energy Center Northshore (formerly, Pittsburgh Thermal Limited Partnership)
Neville Chemical
Pittsburgh Allegheny County Thermal Ltd.—Stanwix Street (PACT)
PPG Industries Inc.—Springdale
Universal Stainless & Alloy Products, Inc.
U.S. Steel Mon Valley Works—Clairton (formerly, USX Corporation Clairton Works)
U.S. Steel Mon Valley Works—Edgar Thomson (formerly, USX Corporation Edgar Thomson Works)
U.S. Steel Mon Valley Works—Irvin (formerly, USX Corporation Irvin Works)
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 reaction 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.
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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
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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
planning requirements continue to be in
effect under the revoked standard for
nonattainment areas under the 1997 8hour ozone NAAQS, including RACT.
On June 10, 2013, EPA determined
that the Allegheny County 1997 8-hour
ozone NAAQS RACT demonstration
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satisfied all applicable RACT
requirements under the CAA for
Allegheny County for the 1997 8-hour
ozone NAAQS. 78 FR 34584.
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’’
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
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.
2 See December 9, 1976 memorandum from Roger
Strelow, Assistant Administrator for Air and Waste
Management, to Regional Administrators,
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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
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.
‘‘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.
The D.C. Cir. Court vacated the provisions it found
unreasonable.
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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 NO RACT guidance ‘‘Nitrogen Oxides
X
Supplement to the General Preamble’’ (57 FR
55620; 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 (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 (f), pursuant to section
184(b).
At the time of revocation of the 1997
8-hour ozone NAAQS (80 FR 12264,
March 6, 2015, 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 antibacksliding 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
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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 separate sourcespecific 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 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
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 will cover relevant sources
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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.
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 (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
located in both Philadelphia and Allegheny County,
Pennsylvania.
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 rule are subject to the presumptive
RACT II provisions at issue in the Sierra Club
decision.
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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 84 FR 20274
(May 9, 2019). 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 rule 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. Among the submitted SIP
revisions were case-by-case RACT
determinations for sources in Allegheny
County, which PADEP submitted on
behalf of ACHD. As noted in Table 1,
PADEP’s May 9, 2020 submission to
EPA included SIP revisions pertaining
to ACHD’s case-by-case NOX and/or
VOC RACT determinations for sources
at the ten facilities located in Allegheny
County that are the subject of this
rulemaking. PADEP, on behalf of ACHD,
provided documentation in its SIP
revisions to support the case-by-case
RACT determinations for affected
emission units at each source subject to
25 Pa. Code 129.99.
In the Pennsylvania RACT SIP
revisions, ACHD included a case-bycase RACT determination for the
existing emissions units at each of these
facilities that required a source specific
NOX and/or VOC RACT determination.
In ACHD’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
replace the previous Federally-approved
provisions.
EPA, in this action, is taking action on
sources of NOX and/or VOC at ten
facilities in Allegheny County,
Pennsylvania, subject to Pennsylvania’s
case-by-case RACT requirements, as
summarized in Table 2.
TABLE 2—TEN MAJOR NOX AND/OR VOC SOURCES IN ALLEGHENY COUNTY, PENNSYLVANIA SUBJECT TO CASE-BY-CASE
RACT II UNDER THE 2008 8-HOUR OZONE NAAQS
1997 8-hour ozone
RACT source?
(RACT I)
Major source
(Allegheny County)
Bellefield Boiler ............................................................................
Eastman Chemical Resins, Inc ....................................................
Energy Center Northshore ...........................................................
Neville Chemical ..........................................................................
Pittsburgh Allegheny County Thermal Ltd.—Stanwix Street
(PACT).
PPG Industries Inc.—Springdale .................................................
Universal Stainless & Alloy Products, Inc ....................................
U.S. Steel Mon Valley Works—Clairton ......................................
U.S. Steel Mon Valley Works—Edgar Thomson .........................
U.S. Steel Mon Valley Works—Irvin ............................................
The case-by-case RACT
determinations submitted by PADEP, on
behalf of ACHD, consist of an evaluation
of all reasonably available controls at
the time of evaluation for each affected
emissions unit, resulting in an ACHD
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
ACHD to the source. The RACT II
permits, which revise or adopt
additional source-specific requirements,
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 ACHD, are listed in the last
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Major source
pollutant
(NOX and/or VOC)
Yes
Yes
Yes
Yes
Yes
...........................
...........................
...........................
...........................
...........................
NOX
VOC
NOX
VOC
NOX
..........................
..........................
..........................
..........................
..........................
0047–I003a (11/30/20).
0058–I026a (9/30/20).
0022–I003a (11/30/20).
0060d (11/10/20).
0044–I001a (11/30/20).
Yes
Yes
Yes
Yes
Yes
...........................
...........................
...........................
...........................
...........................
VOC
NOX
VOC
VOC
VOC
..........................
..........................
and NOX ..........
and NOX ..........
and NOX ..........
0057–OP18a (2/28/20).
0027a (2/20/20).
0052–I020a (12/7/20).
0051–I008a (12/7/20).
0050–OP16c (12/7/20).
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–2020–0575.9 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
Allegheny County.
III. EPA’s Evaluation of SIP Revisions
After thorough review and evaluation
of the information provided by PADEP,
on behalf of ACHD, in its SIP revision
9 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.
PO 00000
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RACT II permit
(effective date)
Fmt 4702
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submittals for 10 major sources of NOX
and/or VOC in Allegheny County, EPA
finds that ACHD’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 sourcespecific 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
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 (RACT I), as
discussed in ACHD’s SIP revisions, will
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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 ACHD’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–2020–0575.
IV. Proposed Action
Based on EPA’s review, EPA is
proposing to approve the Pennsylvania
SIP revisions for the ten 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—Summary of SIP
Revisions and EPA’s Evaluation of SIP
Revisions in this document. 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
VerDate Sep<11>2014
17:32 May 06, 2021
Jkt 253001
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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 case-by-case
NOX and VOC RACT requirements for
sources at ten facilities for the 2008 8hour 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.
PO 00000
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24569
Dated: April 23, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–09099 Filed 5–6–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0031; FRL–10023–
37–Region 5]
Air Plan Approval; Illinois; 2008 Ozone
Moderate VOC RACT for Chicago
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
volatile organic compound (VOC)
reasonably available control technology
(RACT) State Implementation Plan (SIP)
revisions for the Illinois portion of the
Chicago-Naperville, IL-IN-WI
nonattainment area (Illinois portion)
under the 2008 8-hour ozone National
Ambient Air Quality Standard
(‘‘NAAQS’’ or ‘‘standard’’) submitted by
the Illinois Environmental Protection
Agency (‘‘Illinois’’ or ‘‘Illinois EPA’’) on
January 10, 2019 and supplemented on
April 30, 2020. EPA is also proposing to
approve the Stepan Co. construction
permit submitted by Illinois on March
29, 2021 as a revision to the Illinois SIP.
The Illinois portion consists of Cook,
DuPage, Kane, Lake, McHenry, and Will
Counties and portions of Grundy (Aux
Sable and Goose Lake Townships) and
Kendall (Oswego Township) Counties.
These VOC RACT SIP submittals satisfy
the moderate VOC RACT requirements
of section 182(b)(2) of the Clean Air Act
(CAA).
DATES: Comments must be received on
or before June 7, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0031 at https://
www.regulations.gov, or via email to
aburano.douglas@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.
SUMMARY:
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[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Proposed Rules]
[Pages 24564-24569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09099]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0575; FRL-10022-51-Region 3]
Air Plan Approval; 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 ten 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 proposing to approve source-specific (also
referred to as ``case-by-case'') RACT determinations for ten
[[Page 24565]]
major sources located in Allegheny 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 June 7, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0575 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. Cynthia Stahl, Air Quality
Analysis Branch (3AD30), Air and Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2180. Ms. Stahl
can also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On May 7, 2020, PADEP submitted revisions to
its SIP to address case-by-case NOX and/or VOC RACT for 93
major facilities. On February 9, 2021, PADEP supplemented its May 7,
2020 submittal with additional materials for nine facilities in
Allegheny County. 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/or 2008 8-hour ozone NAAQS. Table 1 of this
document lists the facilities included in PADEP's submittals 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 ten of the 93 facilities
submitted to EPA by PADEP. These ten facilities are located in
Allegheny County and were submitted on behalf of the Allegheny County
Health Department (ACHD).
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-
0575.
Table 1--PADEP SIP Submittals for Major NOX and/or VOC Sources in
Allegheny County, Pennsylvania Subject to Source-Specific RACT Under the
2008 8-Hour Ozone Standard
------------------------------------------------------------------------
Major source
-------------------------------------------------------------------------
Bellefield boiler
Eastman Chemical Resins, Inc.
Energy Center Northshore (formerly, Pittsburgh Thermal Limited
Partnership)
Neville Chemical
Pittsburgh Allegheny County Thermal Ltd.--Stanwix Street (PACT)
PPG Industries Inc.--Springdale
Universal Stainless & Alloy Products, Inc.
U.S. Steel Mon Valley Works--Clairton (formerly, USX Corporation
Clairton Works)
U.S. Steel Mon Valley Works--Edgar Thomson (formerly, USX Corporation
Edgar Thomson Works)
U.S. Steel Mon Valley Works--Irvin (formerly, USX Corporation Irvin
Works)
------------------------------------------------------------------------
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 reaction 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 June 10, 2013, EPA determined that the Allegheny County 1997 8-
hour ozone NAAQS RACT demonstration
[[Page 24566]]
satisfied all applicable RACT requirements under the CAA for Allegheny
County for the 1997 8-hour ozone NAAQS. 78 FR 34584.
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 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 55620; 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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[[Page 24567]]
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 (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 (f), pursuant to
section 184(b).
At the time of revocation of the 1997 8-hour ozone NAAQS (80 FR
12264, March 6, 2015, 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 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 will cover 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 rule 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 (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
[[Page 24568]]
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 84 FR 20274 (May 9, 2019). 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 rule 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. Among the submitted SIP
revisions were case-by-case RACT determinations for sources in
Allegheny County, which PADEP submitted on behalf of ACHD. As noted in
Table 1, PADEP's May 9, 2020 submission to EPA included SIP revisions
pertaining to ACHD's case-by-case NOX and/or VOC RACT
determinations for sources at the ten facilities located in Allegheny
County that are the subject of this rulemaking. PADEP, on behalf of
ACHD, provided documentation in its SIP revisions to support the case-
by-case RACT determinations for affected emission units at each source
subject to 25 Pa. Code 129.99.
In the Pennsylvania RACT SIP revisions, ACHD included a case-by-
case RACT determination for the existing emissions units at each of
these facilities that required a source specific NOX and/or
VOC RACT determination. In ACHD'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 replace the previous
Federally-approved provisions.
EPA, in this action, is taking action on sources of NOX
and/or VOC at ten facilities in Allegheny County, Pennsylvania, subject
to Pennsylvania's case-by-case RACT requirements, as summarized in
Table 2.
Table 2--Ten Major NOX and/or VOC Sources in Allegheny County, Pennsylvania Subject to Case-by-Case RACT II Under the 2008 8-Hour Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
1997 8-hour ozone RACT source? Major source pollutant (NOX and/
Major source (Allegheny County) (RACT I) or VOC) RACT II permit (effective date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bellefield Boiler................... Yes............................... NOX.............................. 0047-I003a (11/30/20).
Eastman Chemical Resins, Inc........ Yes............................... VOC.............................. 0058-I026a (9/30/20).
Energy Center Northshore............ Yes............................... NOX.............................. 0022-I003a (11/30/20).
Neville Chemical.................... Yes............................... VOC.............................. 0060d (11/10/20).
Pittsburgh Allegheny County Thermal Yes............................... NOX.............................. 0044-I001a (11/30/20).
Ltd.--Stanwix Street (PACT).
PPG Industries Inc.--Springdale..... Yes............................... VOC.............................. 0057-OP18a (2/28/20).
Universal Stainless & Alloy Yes............................... NOX.............................. 0027a (2/20/20).
Products, Inc.
U.S. Steel Mon Valley Works-- Yes............................... VOC and NOX...................... 0052-I020a (12/7/20).
Clairton.
U.S. Steel Mon Valley Works--Edgar Yes............................... VOC and NOX...................... 0051-I008a (12/7/20).
Thomson.
U.S. Steel Mon Valley Works--Irvin.. Yes............................... VOC and NOX...................... 0050-OP16c (12/7/20).
--------------------------------------------------------------------------------------------------------------------------------------------------------
The case-by-case RACT determinations submitted by PADEP, on behalf
of ACHD, consist of an evaluation of all reasonably available controls
at the time of evaluation for each affected emissions unit, resulting
in an ACHD 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 ACHD to the source. The
RACT II permits, which revise or adopt additional source-specific
requirements, 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
ACHD, 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-2020-0575.\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 Allegheny
County.
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\9\ 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.
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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 ACHD, in its SIP revision submittals for 10 major
sources of NOX and/or VOC in Allegheny County, EPA finds
that ACHD'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 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 1997 8-hour ozone standard (RACT
I), as discussed in ACHD's SIP revisions, will
[[Page 24569]]
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 ACHD'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-2020-0575.
IV. Proposed Action
Based on EPA's review, EPA is proposing to approve the Pennsylvania
SIP revisions for the ten 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--Summary of SIP Revisions and EPA's
Evaluation of SIP Revisions in this document. 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);
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 case-by-case
NOX and VOC RACT requirements for sources at ten facilities
for the 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: April 23, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-09099 Filed 5-6-21; 8:45 am]
BILLING CODE 6560-50-P
