Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient Air Quality Standards, 58220-58225 [2021-22570]

Download as PDF 58220 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations essential travel through land ports of entry and ferry terminals for individuals who are fully vaccinated and have appropriate proof of vaccination. Any such modifications to the restrictions will be accomplished via a posting to the DHS website (https://www.dhs.gov) and followed by a publication in the Federal Register. Moreover, this Notification may be amended or rescinded prior to that time, based on circumstances associated with the specific threat. The CBP Commissioner is hereby directed to prepare and distribute appropriate guidance to CBP personnel on the continued implementation of the temporary measures set forth in this Notification including any appropriate procedures regarding the lifting of restrictions for fully vaccinated travelers. The CBP Commissioner may determine that other forms of travel, such as travel in furtherance of economic stability or social order, constitute ‘‘essential travel’’ under this Notification. Further, the CBP Commissioner may, on an individualized basis and for humanitarian reasons or for other purposes in the national interest, permit the processing of travelers to the United States not engaged in ‘‘essential travel.’’ Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2021–23006 Filed 10–20–21; 8:45 am] BILLING CODE 9112–FP–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2021–0730] Special Local Regulations; Recurring Marine Events, Sector St. Petersburg Coast Guard, Department of Homeland Security (DHS). ACTION: Notification of enforcement of regulation. AGENCY: The Coast Guard will enforce a special local regulation for the OPA World Championships/Englewood Beach Waterfest event on November 19, 2021 through November 21, 2021, to provide for the safety of life on navigable waterways during this event. Our regulation for recurring marine events within Sector St. Petersburg identifies the regulated area for this event in Englewood, FL. During the enforcement periods, the operator of any jspears on DSK121TN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:29 Oct 20, 2021 Jkt 256001 vessel in the regulated area must comply with directions from the Patrol Commander or any designated representative. ENVIRONMENTAL PROTECTION AGENCY The regulations in 33 CFR 100.703, Table 1 to § 100.703, Line No. 9, will be enforced from 8:00 a.m. through 7:00 p.m., from November 19, 2021, through November 21, 2021. [EPA–R03–OAR–2020–0575; FRL–9061–02– R3] DATES: If you have questions about this notification of enforcement, call or email Marine Science Technician First Class Michael Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228–2191, email Michael.d.shackleford@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the special local regulation in 33 CFR 100.703, Table 1 to § 100.703, Line No. 9, for the OPA World Championships/Englewood Beach Waterfest regulated area from 8:00 a.m. to 7:00 p.m., each day from November 19, 2021 through November 21, 2021. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for recurring marine events, Sector St. Petersburg, § 100.703, Table 1 to § 100.703, Line No. 9, specifies the location of the regulated area for the OPA World Championships/ Englewood Beach Waterfest which encompasses portions of the Gulf of Mexico near Englewood, FL. During the enforcement periods, as reflected in § 100.703(c), if you are the operator of a vessel in the regulated area you must comply with directions from the Patrol Commander or any designated representative. In addition to this notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and/or marine information broadcasts. SUPPLEMENTARY INFORMATION: Dated: October 15, 2021. Matthew A. Thompson, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. [FR Doc. 2021–22983 Filed 10–20–21; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 40 CFR Part 52 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving 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 individual 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 rule action, EPA is only approving source-specific RACT determinations (‘‘case-by-case’’ or alternative NOX emissions limits) for sources at nine major NOX and VOC emitting facilities located in Allegheny County. These RACT evaluations were submitted to meet RACT requirements for the 2008 8-hour ozone national ambient air quality standard (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA’s implementing regulations. SUMMARY: This final rule is effective on November 22, 2021. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2020–0575. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact DATES: E:\FR\FM\21OCR1.SGM 21OCR1 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch (3AD10), Air and Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2217. Mr. Burger can also be reached via electronic mail at burger.riley@epa.gov. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with RULES1 I. Background On May 7, 2021, EPA published a notice of proposed rulemaking (NPRM). 86 FR 24564. In the NPRM, EPA proposed approval of case-by-case RACT determinations for sources at ten facilities in Allegheny County, as EPA found that that the RACT controls for these sources met the CAA RACT requirements for the 2008 ozone NAAQS. PADEP, on behalf of Allegheny County Health Department (ACHD), initially submitted revisions to its SIP to address case-by-case NOx and VOC RACT for these sources on May 7, 2020 and supplemented the submittal on February 9, 2021. Under certain circumstances, states are required to submit SIP revisions to address RACT requirements for both major sources of NOX and VOC and any source covered by control technique guidelines (CTG) for each ozone NAAQS. 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 based on the area’s current classification(s). In Pennsylvania, sources located in any ozone nonattainment areas outside of moderate or above are subject to the major source threshold of 50 tons per year (tpy) because of the Ozone Transport Region (OTR) requirements in CAA section 184(b)(2). On May 16, 2016, PADEP submitted a SIP revision addressing RACT for 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 source VOC and NOX RACT requirements for both standards. The VerDate Sep<11>2014 16:29 Oct 20, 2021 Jkt 256001 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 approved into Pennsylvania’s SIP and continue to be implemented as RACT.1 On September 26, 2017, PADEP submitted a letter, dated September 22, 2017, which committed to address various deficiencies identified by EPA in PADEP’s May 16, 2016 ‘‘presumptive’’ RACT II rule SIP revision. On May 9, 2019, EPA conditionally approved the RACT II rule based on the commitments PADEP made in its September 22, 2017 letter.2 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 NOX emissions averaging plans 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 (i.e., by May 9, 2020). 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 NOX averaging plan limits. This rulemaking is based on EPA’s review of one of these SIP submissions. The SIP revisions in this action only establish 2008 8-hour ozone NAAQS RACT requirements. Applicable RACT requirements under the CAA for sources located in Allegheny County for the 1 The RACT I Rule was approved by EPA into the Pennsylvania SIP on March 23, 1998. 63 FR 13789. Through this rule, certain source-specific RACT I requirements will be superseded by more stringent requirements. See Section II of the preamble to this Final Rule. 2 On August 27, 2020, the Third Circuit Court of Appeals issued a decision vacating EPA’s approval of three provisions of Pennsylvania’s presumptive RACT II rule applicable to certain coal-fired power plants. Sierra Club v. EPA, 972 F.3d 290 (3d Cir. 2020). None of the sources in this rule are subject to the three presumptive RACT II provisions at issue in that Sierra Club decision. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 58221 1997 8-hour ozone NAAQS were previously satisfied. See 78 FR 34584 (June 10, 2013). II. Summary of SIP Revision and EPA Analysis A. Summary of SIP Revision To satisfy a requirement from EPA’s May 9, 2019 conditional approval, PADEP submitted to EPA SIP revisions addressing alternative NOX emissions limits and/or case-by-case RACT requirements for major sources in Pennsylvania subject to 25 Pa. Code 129.98 or 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. PADEP’s submission included SIP revisions pertaining to case-by-case RACT determinations for the existing emissions units at each of the major sources of NOX and/or VOC that required a case-by-case RACT determination. In the case-by-case RACT determinations submitted by PADEP on behalf of ACHD, an evaluation was completed to determine if previously SIP-approved, case-by-case RACT emission limits or operational controls (herein referred to as RACT I and contained in RACT I permits) were more stringent than the new RACT II presumptive or case-by-case requirements. If more stringent, the RACT I requirements will continue to apply to the applicable source. If the new case-by-case RACT II requirements are more stringent than the RACT I requirements, then the RACT II requirements will supersede the prior RACT I requirements.3 Here, EPA is approving SIP revisions pertaining to case-by-case RACT requirements for sources at nine major NOX and/or VOC emitting facilities in Allegheny County, as summarized in Table 1 in this document.4 3 While the prior SIP-approved RACT I permit will remain part of the SIP, this RACT II rule will incorporate by reference the RACT II requirements through the RACT II permit and clarify the ongoing applicability of specific conditions in the RACT I permit. 4 In its May 7, 2021 proposed rulemaking, EPA had proposed approval of SIP revisions pertaining to case-by-case RACT requirements for sources at ten major NOX and/or VOC emitting facilities in Allegheny County. At this time, EPA is only approving such SIP revisions at nine of those facilities and is not taking final action on the SIP revision related to the PPG Industries Inc. Springdale Plant. E:\FR\FM\21OCR1.SGM 21OCR1 58222 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations TABLE 1—NINE MAJOR NOX AND/OR VOC EMITTING FACILITIES IN ALLEGHENY COUNTY SUBJECT TO SOURCE-SPECIFIC RACT II DETERMINATIONS UNDER THE 1997 AND 2008 8-HOUR OZONE NAAQS Major source Bellefield Boiler Plant (formerly Bellefield Boiler Plant—Pittsburgh). Eastman Chemical Resins, Inc Jefferson Site (formerly Hercules, Inc.—West Elizabeth). Energy Center Pittsburgh LLC North Shore Plant (formerly NRG Energy Center). Neville Chemical Company .......................................................... Pittsburgh Allegheny Co. Thermal, LTD ...................................... Universal Stainless & Alloy Products, Inc .................................... U.S. Steel Mon Valley Works Clairton Plant (formerly U.S. Steel (USX Corporation)—Clairton Works). U.S. Steel Mon Valley Works Edgar Thomson Plant (formerly USX Corporation—Edgar Thomson Works). U.S. Steel Mon Valley Works—Irvin Plant (formerly USX, Inc.— Irvin Works). jspears on DSK121TN23PROD with RULES1 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 emission limit or control measures satisfy RACT for that particular unit. The adoption of new, additional, or revised emission limits or control measures to existing SIP-approved RACT I requirements were specified as requirements in new or revised Federally enforceable permits (hereafter RACT II permits) issued by ACHD to the source. These RACT II permits have been submitted as part of the Pennsylvania RACT SIP revisions for EPA’s approval into 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 1 of this preamble, along with the permit effective date, and are part of the docket for this rule, which is available online at https:// www.regulations.gov, Docket No. EPA– R03–OAR–2020–0575.5 EPA is incorporating by reference in the Pennsylvania SIP, via the RACT II permits, source-specific RACT emission limits and control measures under the 2008 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions. B. EPA’s Final Action PADEP’s SIP revisions incorporate ACHD’s determinations of sourcespecific RACT II controls for individual emission units at major sources of NOX 5 The RACT II permits included in the docket for this rule are redacted versions of the facilities’ Federally enforceable permits. They reflect the specific RACT requirements being approved into the Pennsylvania SIP via this final action. VerDate Sep<11>2014 16:29 Oct 20, 2021 Jkt 256001 1997 8-hour ozone RACT source? (RACT I) Major source pollutant (NOX and/or VOC) Yes ........................... NOX .......................... 0047–I003a (11/30/20). Yes ........................... VOC .......................... 0058–I026a (9/30/20). Yes ........................... NOX .......................... 0022–I003a (11/30/20). Yes Yes Yes Yes VOC NOX NOX VOC 0060d (11/10/20). 0044–I001a (11/30/20). 0027a (2/20/20). 0052–I020b (12/11/20). ........................... ........................... ........................... ........................... Yes ........................... VOC and NOX .......... 0051–I008a (12/7/20). Yes ........................... VOC and NOX .......... 0050–OP16c (12/7/20). and/or VOC in Allegheny County, where those units are not covered by or cannot meet Pennsylvania’s presumptive RACT regulation. After thorough review and evaluation of the information provided by ACHD in the SIP revision submittals for sources at nine major NOX and/or VOC emitting facilities in Allegheny County, EPA found that (1) ACHD’s case-by-case RACT determinations and conclusions establish limits and/or controls on individual sources that are reasonable and appropriately considered technically and economically feasible controls and (2) ACHD’s determinations are consistent with the CAA, EPA regulations, and applicable EPA guidance. ACHD, in its RACT II determinations, considered the prior source-specific RACT requirements and, where more stringent, retained those prior RACT requirements as part of its new RACT determinations. In the NPRM, EPA proposed to find that all the proposed revisions to previously SIP-approved RACT requirements would result in equivalent or additional reductions of NOX and/or VOC emissions. The proposed revisions should not interfere with any applicable requirements concerning attainment of the NAAQS, reasonable further progress, or other applicable requirements under section 110(l) of the CAA. Other specific requirements of the 2008 8-hour ozone NAAQS case-by-case RACT determinations and the rationale for EPA’s proposed action are explained more thoroughly in the NPRM, and its associated technical support document (TSD), and will not be restated here. PO 00000 Frm 00018 .......................... .......................... .......................... and NOX .......... RACT II permit (effective date) Fmt 4700 Sfmt 4700 III. Public Comments and EPA Responses EPA received comments from three commenters on the May 7, 2021 NPRM. 86 FR 24564. A summary of the comments and EPA’s responses are discussed in this section. A copy of the comments can be found in the docket for this rule action. Comment 1: Two commenters indicated that the permit for U.S Steel Mon Valley Works—Clairton listed in the table of the document should be Permit No. 0052–I020b effective, December 11, 2021 rather than Permit No., 0052–I020a effective, December 7, 2021. Response 1: EPA agrees with commenters and has corrected the permit number and effective date indicated in the tables of this preamble. Comment 2: One commenter identified that there is an appeal of the RACT II permit for the PPG Springdale facility pending before ACHD’s Hearing Officer and, therefore, requested EPA not take final action on the SIP revision. Response 2: EPA is not taking final action on the PPG Springdale RACT determination at this time and will act on this SIP revision in a later rulemaking. EPA will respond to the comment at that time. IV. Final Action EPA is approving case-by-case RACT determinations for sources at nine major NOX and VOC emitting facilities in Allegheny County, as required to meet obligations pursuant to the 2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP. V. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes E:\FR\FM\21OCR1.SGM 21OCR1 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of source-specific RACT determinations and NOx averaging plan limits under the 1997 and 2008 8-hour ozone NAAQS for certain major sources of VOC and NOX in Allegheny County. 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). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully Federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rule of EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.6 VI. Statutory and Executive Order Reviews jspears on DSK121TN23PROD with RULES1 A. General Requirements 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 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 6 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 16:29 Oct 20, 2021 Jkt 256001 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 rule 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. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804, however, exempts from section 801 the following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801. C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 20, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 58223 shall not postpone the effectiveness of such rule or action. This action approving Pennsylvania’s NOX and VOC RACT requirements for nine facilities for the 2008 8-hour ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 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: October 8, 2021. Diana Esher, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania 2. In § 52.2020, the table in paragraph (d)(1) is amended by: ■ a. Revising the entries for ‘‘Hercules, Inc.—West Elizabeth’’ (Permit No. E.O.216); ‘‘Hercules, Inc.—West Elizabeth’’ (Permit No. CO–257); ‘‘Neville Chemical Company’’; ‘‘Universal Stainless & Alloy Products, Inc’’; ‘‘U.S. Steel (USX Corporation.)—Clairton Works)’’; ‘‘USX Corporation—Edgar Thomson Works’’; ‘‘USX, Inc.—Irvin Works’’; ‘‘Bellefield Boiler Plant—Pittsburgh’’; and ‘‘Pittsburgh Allegheny County Thermal, Ltd’’; ‘‘NRG Energy Center (formerly Pittsburgh Thermal Limited Partnership)’’; ■ b. Adding entries, in the following order, at the end of the table for ‘‘Bellefield Boiler Plant (formerly referenced as Bellefield Boiler Plant— Pittsburgh) ’’; ‘‘Eastman Chemical Resins, Inc. Jefferson Site (formerly referenced as Hercules, Inc.—West Elizabeth)’’; ‘‘Energy Center Pittsburgh LLC North Shore Plant (formerly referenced as NRG Energy Center)’’; ‘‘U.S. Steel Mon Valley Works Clairton Plant (formerly referenced as U.S. Steel (USX Corporation)—Clairton Works)’’; ‘‘U.S. Steel Mon Valley Works Edgar Thomson Plant (formerly referenced as USX Corporation—Edgar Thomson Works)’’; and ‘‘U.S. Steel Mon Valley Works—Irvin Plant (formerly referenced as USX, Inc.—Irvin Works)’’; ‘‘Neville Chemical Company’’; ‘‘Pittsburgh Allegheny Co. Thermal, LTD’’; and ■ E:\FR\FM\21OCR1.SGM 21OCR1 58224 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations jspears on DSK121TN23PROD with RULES1 ‘‘Universal Stainless & Alloy Products, Inc.’’. The revisions and additions read as follows: § 52.2020 * Identification of plan. * * (d) * * * * (1) * * * * Name of source Permit No. County State effective date EPA approval date * Hercules, Inc.—West Elizabeth. Hercules, Inc.—West Elizabeth. Neville Chemical Company * EO–216 ............ * Allegheny .......... * 3/8/96 ............. * * 10/16/01, 66 FR 52506 ...... * See also 52.2064(e)(2). CO–257 ............ Allegheny .......... 10/16/01, 66 FR 52506 ...... See also 52.2064(e)(2). CO–230 ............ Allegheny .......... 1/14/97 11/1/ 99. 12/13/96 ......... 10/16/01, 66 FR 52506 ...... See also 52.2064(e)(4). * Universal Stainless & Alloy Products, Inc. * CO–241 ............ * Allegheny .......... * 12/19/96 ......... * * 10/16/01, 66 FR 52511 ...... * See also 52.2064(e)(6). * * U.S. Steel (USX CorporaCO–234 ............ tion.)—Clairton Works. USX Corporation—Edgar CO–235 ............ Thomson Works. USX, Inc.—Irvin Works ........ CO–258 ............ * Allegheny .......... * 12/30/96 ......... * * 10/16/01, 66 FR 52511 ...... * See also 52.2064(e)(7). Allegheny .......... 12/30/96 ......... 10/16/01, 66 FR 52511 ...... See also 52.2064(e)(8). Allegheny .......... 12/30/96 ......... 10/16/01, 66 FR 52511 ...... See also 52.2064(e)(9). * * Bellefield Boiler Plant—Pitts- EO–248 ............ burgh. * Allegheny .......... * 12/19/96 ......... * * 10/12/01, 66 FR 52044 ...... * See also 52.2064(e)(1). * * Pittsburgh Allegheny County CO–265 ............ Thermal, Ltd. * Allegheny .......... * 11/9/98 ........... * * 10/12/01, 66 FR 52044 ...... * See also 52.2064(e)(5). * NRG Energy Center (formerly Pittsburgh Thermal Limited Partnership). * CO220 .............. * Allegheny .......... * 3/4/96 ............. * * 05/11/06, 71 FR 27394 ...... * See also 52.2064(e)(3). * * Bellefield Boiler Plant (for0047–I003a ...... merly referenced as Bellefield Boiler Plant— Pittsburgh). Eastman Chemical Resins, 0058–I026a ...... Inc. Jefferson Site (formerly referenced as Hercules, Inc.—West Elizabeth). Energy Center Pittsburgh 0022–I003a ...... LLC North Shore Plant (formerly referenced as NRG Energy Center). U.S. Steel Mon Valley 0052–I020b ...... Works Clairton Plant (formerly referenced as U.S. Steel (USX Corporation)— Clairton Works). U.S. Steel Mon Valley 0051–I008a ...... Works Edgar Thomson Plant (formerly referenced as USX Corporation— Edgar Thomson Works). U.S. Steel Mon Valley 0050–OP16c .... Works—Irvin Plant (formerly referenced as USX, Inc.—Irvin Works). Neville Chemical Company 0060d ............... * Allegheny .......... * 11/30/20 ......... * 10/21/21, [insert Federal Register citation]. 52.2064(e)(1). Allegheny .......... 9/30/20 ........... 10/21/21, [insert Federal Register citation]. 52.2064(e)(2). Allegheny .......... 11/30/20 ......... 10/21/21, [insert Federal Register citation]. 52.2064(e)(3). Allegheny .......... 12/11/20 ......... 10/21/21, [insert Federal Register citation]. 52.2064(e)(7). Allegheny .......... 12/7/20 ........... 10/21/21, [insert Federal Register citation]. 52.2064(e)(8). Allegheny .......... 12/7/20 ........... 10/21/21, [insert Federal Register citation]. 52.2064(e)(9). Allegheny .......... 11/10/20 ......... 52.2064(e)(4). Allegheny .......... 11/30/20 ......... 10/21/21, [insert Federal Register citation]. 10/21/21, [insert Federal Register citation]. Pittsburgh Allegheny Co. Thermal, LTD. VerDate Sep<11>2014 16:29 Oct 20, 2021 0044–I001a ...... Jkt 256001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\21OCR1.SGM 21OCR1 Additional explanations/ §§ 52.2063 and 52.2064 citations 1 * * 52.2064(e)(5). Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations Name of source Universal Stainless & Alloy Products, Inc.. 1 Permit No. County State effective date 0027a ............... Allegheny .......... 2/20/20 ........... 10/21/21, [insert Federal Register citation]. Additional explanations/ §§ 52.2063 and 52.2064 citations 1 52.2064(e)(6). The cross-references that are not § 52.2064 are to material that pre-date the notebook format. For more information, see § 52.2063. * * * * * 3. Amend § 52.2064 by adding paragraph (e) to read as follows: ■ § 52.2064 EPA-approved Source-Specific Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX). * * * * * (e) Approval of source-specific RACT requirements for 2008 8-hour ozone national ambient air quality standards for the facilities listed in this paragraph are incorporated as specified. (Rulemaking Docket No. EPA–OAR– 2020–0575). (1) Bellefield Boiler Plant— Incorporating by reference Installation Permit No. 0047–I003a, issued on April 14, 2020 and amended on November 30, 2020 as redacted by ACHD, which supersedes RACT Enforcement Order No. 248, effective December 19, 1996, except for Conditions 1.2, 1.3, 1.4, 1.5 and 1.7A through E, which remain as RACT requirements. See also § 52.2063(c)(177)(i)(B)(3) for prior RACT approval. (2) Eastman Chemical Resins, Inc. Jefferson Site—Installation Permit No. 0058–I026 issued April 21, 2020, as redacted by ACHD, which supersedes Consent Order No. 257, issued on January 14, 1997, except for Conditions 1.1, 1.2, 1.3, 1.4, and 1.7, which remain as RACT requirements. The requirements of Enforcement Order No. 216, issued March 8, 1996, also continue to apply to identified sources that continue to operate. See also §§ 52.2063(c)(166)(i)(B)(2) and 52.2063(c)(166)(i)(B)(3), respectively, for prior RACT approval. jspears on DSK121TN23PROD with RULES1 EPA approval date 58225 VerDate Sep<11>2014 16:29 Oct 20, 2021 Jkt 256001 (3) Energy Center Pittsburgh LLC, North Shore Plant— Incorporating by reference Installation Permit No. 0022– I003a, issued on March 18, 2020 and amended on November 30, 2020, as redacted by ACHD. All permit conditions in the prior RACT Permit, CO No. 220, effective March 4, 1996, remain as RACT requirements. See also § 52.2063(d)(1)(o) for prior RACT approval. (4) Neville Chemical Company— Incorporating by reference Installation Permit No. 00060d issued September 28, 2015 and amended on November 10, 2020, as redacted by ACHD, which supersedes Consent Order No. 230, issued on December 13, 1996, except for Conditions 1.1, 1.3, 1.5, 1.6, 1.7. 1.9, and 1.10, which remain as RACT requirements. See also § 52.2063(c)(166)(i)(B)(4) for prior RACT approval. (5) Pittsburgh Allegheny County Thermal, Ltd—Incorporating by reference Permit No. 0044–I001a, issued on March 25, 2020 and amended on November 30, 2020, as redacted by ACHD. All permit conditions in the prior RACT Permit, CO No. 265, effective November 9, 1998, remain as RACT requirements. See also § 52.2063(c)(177)(i)(B)(8) for prior RACT approval. (6) Universal Stainless & Alloy Products, Inc.—Incorporating by reference Title V Operating Permit No. 0027a, issued on November 21, 2017 and amended on February 20, 2020, as redacted by ACHD, which supersedes Consent Order No. 241 issued on December 19, 1996, except for Conditions 1.1, 1.2, and 1.3, which PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(2) for prior RACT approval. (7) U.S. Steel Mon Valley Works Clairton Plant—Incorporating by reference Installation Permit No. 0052– I020b, revised and issued December 11, 2020, as redacted by ACHD, which supersedes RACT Consent Order No. 234, issued December 30, 1996, except for Conditions 1.1, 1.3, 1.4, 1.5, and 1.6, which remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(5) for prior RACT approval. (8) U.S. Steel Mon Valley Works Edgar Thompson Plant—Incorporating by reference Installation Permit 0051– I008a, revised and effective on (December 7, 2020), which supersedes the RACT Consent Order No. 235, issued December 30, 1996, except for Conditions 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7, which remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(6) for prior RACT approval. (9) U.S. Steel Mon Valley Works— Irvin Plant—Incorporating by reference Title V Operating Permit No. 0050– OP16c, issued on December 7, 2020, as redacted by ACHD, which supersedes RACT Consent Order No. 258, issued December 30, 1996, except for Conditions 1.1 and 1.2 and for Source ID P008 (No. 3 Five Stand Cold Reduction Mill) Condition 1.3, which remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(7) for prior RACT approval. [FR Doc. 2021–22570 Filed 10–20–21; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Rules and Regulations]
[Pages 58220-58225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22570]


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

40 CFR Part 52

[EPA-R03-OAR-2020-0575; FRL-9061-02-R3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Reasonably Available Control Technology Determinations 
for Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 individual 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 rule 
action, EPA is only approving source-specific RACT determinations 
(``case-by-case'' or alternative NOX emissions limits) for 
sources at nine major NOX and VOC emitting facilities 
located in Allegheny County. These RACT evaluations were submitted to 
meet RACT requirements for the 2008 8-hour ozone national ambient air 
quality standard (NAAQS). EPA is approving these revisions to the 
Pennsylvania SIP in accordance with the requirements of the Clean Air 
Act (CAA) and EPA's implementing regulations.

DATES: This final rule is effective on November 22, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0575. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact

[[Page 58221]]

the person identified in the For Further Information Contact section 
for additional availability information.

FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch 
(3AD10), Air and Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2217. Mr. Burger can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 7, 2021, EPA published a notice of proposed rulemaking 
(NPRM). 86 FR 24564. In the NPRM, EPA proposed approval of case-by-case 
RACT determinations for sources at ten facilities in Allegheny County, 
as EPA found that that the RACT controls for these sources met the CAA 
RACT requirements for the 2008 ozone NAAQS. PADEP, on behalf of 
Allegheny County Health Department (ACHD), initially submitted 
revisions to its SIP to address case-by-case NOx and VOC RACT for these 
sources on May 7, 2020 and supplemented the submittal on February 9, 
2021.
    Under certain circumstances, states are required to submit SIP 
revisions to address RACT requirements for both major sources of 
NOX and VOC and any source covered by control technique 
guidelines (CTG) for each ozone NAAQS. 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 based on 
the area's current classification(s). In Pennsylvania, sources located 
in any ozone nonattainment areas outside of moderate or above are 
subject to the major source threshold of 50 tons per year (tpy) because 
of the Ozone Transport Region (OTR) requirements in CAA section 
184(b)(2).
    On May 16, 2016, PADEP submitted a SIP revision addressing RACT for 
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 source VOC and NOX RACT 
requirements 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 approved into 
Pennsylvania's SIP and continue to be implemented as RACT.\1\ On 
September 26, 2017, PADEP submitted a letter, dated September 22, 2017, 
which committed to address various deficiencies identified by EPA in 
PADEP's May 16, 2016 ``presumptive'' RACT II rule SIP revision.
---------------------------------------------------------------------------

    \1\ The RACT I Rule was approved by EPA into the Pennsylvania 
SIP on March 23, 1998. 63 FR 13789. Through this rule, certain 
source-specific RACT I requirements will be superseded by more 
stringent requirements. See Section II of the preamble to this Final 
Rule.
---------------------------------------------------------------------------

    On May 9, 2019, EPA conditionally approved the RACT II rule based 
on the commitments PADEP made in its September 22, 2017 letter.\2\ 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 NOX emissions 
averaging plans 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 (i.e., by May 9, 2020). 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 NOX averaging plan limits. This 
rulemaking is based on EPA's review of one of these SIP submissions.
---------------------------------------------------------------------------

    \2\ On August 27, 2020, the Third Circuit Court of Appeals 
issued a decision vacating EPA's approval of three provisions of 
Pennsylvania's presumptive RACT II rule applicable to certain coal-
fired power plants. Sierra Club v. EPA, 972 F.3d 290 (3d Cir. 2020). 
None of the sources in this rule are subject to the three 
presumptive RACT II provisions at issue in that Sierra Club 
decision.
---------------------------------------------------------------------------

    The SIP revisions in this action only establish 2008 8-hour ozone 
NAAQS RACT requirements. Applicable RACT requirements under the CAA for 
sources located in Allegheny County for the 1997 8-hour ozone NAAQS 
were previously satisfied. See 78 FR 34584 (June 10, 2013).

II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    To satisfy a requirement from EPA's May 9, 2019 conditional 
approval, PADEP submitted to EPA SIP revisions addressing alternative 
NOX emissions limits and/or case-by-case RACT requirements 
for major sources in Pennsylvania subject to 25 Pa. Code 129.98 or 
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. PADEP's submission included SIP revisions pertaining 
to case-by-case RACT determinations for the existing emissions units at 
each of the major sources of NOX and/or VOC that required a 
case-by-case RACT determination.
    In the case-by-case RACT determinations submitted by PADEP on 
behalf of ACHD, an evaluation was completed to determine if previously 
SIP-approved, case-by-case RACT emission limits or operational controls 
(herein referred to as RACT I and contained in RACT I permits) were 
more stringent than the new RACT II presumptive or case-by-case 
requirements. If more stringent, the RACT I requirements will continue 
to apply to the applicable source. If the new case-by-case RACT II 
requirements are more stringent than the RACT I requirements, then the 
RACT II requirements will supersede the prior RACT I requirements.\3\
---------------------------------------------------------------------------

    \3\ While the prior SIP-approved RACT I permit will remain part 
of the SIP, this RACT II rule will incorporate by reference the RACT 
II requirements through the RACT II permit and clarify the ongoing 
applicability of specific conditions in the RACT I permit.
---------------------------------------------------------------------------

    Here, EPA is approving SIP revisions pertaining to case-by-case 
RACT requirements for sources at nine major NOX and/or VOC 
emitting facilities in Allegheny County, as summarized in Table 1 in 
this document.\4\
---------------------------------------------------------------------------

    \4\ In its May 7, 2021 proposed rulemaking, EPA had proposed 
approval of SIP revisions pertaining to case-by-case RACT 
requirements for sources at ten major NOX and/or VOC 
emitting facilities in Allegheny County. At this time, EPA is only 
approving such SIP revisions at nine of those facilities and is not 
taking final action on the SIP revision related to the PPG 
Industries Inc. Springdale Plant.

[[Page 58222]]



 Table 1--Nine Major NOX and/or VOC Emitting Facilities in Allegheny County Subject to Source-Specific Ract II Determinations Under the 1997 and 2008 8-
                                                                    Hour Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        1997 8-hour ozone RACT source?    Major source pollutant  (NOX and/
            Major source                           (RACT I)                            or VOC)                     RACT II permit (effective date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bellefield Boiler Plant (formerly     Yes...............................  NOX..............................  0047-I003a (11/30/20).
 Bellefield Boiler Plant--
 Pittsburgh).
Eastman Chemical Resins, Inc          Yes...............................  VOC..............................  0058-I026a (9/30/20).
 Jefferson Site (formerly Hercules,
 Inc.--West Elizabeth).
Energy Center Pittsburgh LLC North    Yes...............................  NOX..............................  0022-I003a (11/30/20).
 Shore Plant (formerly NRG Energy
 Center).
Neville Chemical Company............  Yes...............................  VOC..............................  0060d (11/10/20).
Pittsburgh Allegheny Co. Thermal,     Yes...............................  NOX..............................  0044-I001a (11/30/20).
 LTD.
Universal Stainless & Alloy           Yes...............................  NOX..............................  0027a (2/20/20).
 Products, Inc.
U.S. Steel Mon Valley Works Clairton  Yes...............................  VOC and NOX......................  0052-I020b (12/11/20).
 Plant (formerly U.S. Steel (USX
 Corporation)--Clairton Works).
U.S. Steel Mon Valley Works Edgar     Yes...............................  VOC and NOX......................  0051-I008a (12/7/20).
 Thomson Plant (formerly USX
 Corporation--Edgar Thomson Works).
U.S. Steel Mon Valley Works--Irvin    Yes...............................  VOC and NOX......................  0050-OP16c (12/7/20).
 Plant (formerly USX, Inc.--Irvin
 Works).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 emission limit or control 
measures satisfy RACT for that particular unit. The adoption of new, 
additional, or revised emission limits or control measures to existing 
SIP-approved RACT I requirements were specified as requirements in new 
or revised Federally enforceable permits (hereafter RACT II permits) 
issued by ACHD to the source. These RACT II permits have been submitted 
as part of the Pennsylvania RACT SIP revisions for EPA's approval into 
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 1 of this 
preamble, along with the permit effective date, and are part of the 
docket for this rule, which is available online at https://www.regulations.gov, Docket No. EPA-R03-OAR-2020-0575.\5\ EPA is 
incorporating by reference in the Pennsylvania SIP, via the RACT II 
permits, source-specific RACT emission limits and control measures 
under the 2008 8-hour ozone NAAQS for certain major sources of 
NOX and VOC emissions.
---------------------------------------------------------------------------

    \5\ The RACT II permits included in the docket for this rule are 
redacted versions of the facilities' Federally enforceable permits. 
They reflect the specific RACT requirements being approved into the 
Pennsylvania SIP via this final action.
---------------------------------------------------------------------------

B. EPA's Final Action

    PADEP's SIP revisions incorporate ACHD's determinations of source-
specific RACT II controls for individual emission units at major 
sources of NOX and/or VOC in Allegheny County, where those 
units are not covered by or cannot meet Pennsylvania's presumptive RACT 
regulation. After thorough review and evaluation of the information 
provided by ACHD in the SIP revision submittals for sources at nine 
major NOX and/or VOC emitting facilities in Allegheny 
County, EPA found that (1) ACHD's case-by-case RACT determinations and 
conclusions establish limits and/or controls on individual sources that 
are reasonable and appropriately considered technically and 
economically feasible controls and (2) ACHD's determinations are 
consistent with the CAA, EPA regulations, and applicable EPA guidance.
    ACHD, in its RACT II determinations, considered the prior source-
specific RACT requirements and, where more stringent, retained those 
prior RACT requirements as part of its new RACT determinations. In the 
NPRM, EPA proposed to find that all the proposed revisions to 
previously SIP-approved RACT requirements would result in equivalent or 
additional reductions of NOX and/or VOC emissions. The 
proposed revisions should not interfere with any applicable 
requirements concerning attainment of the NAAQS, reasonable further 
progress, or other applicable requirements under section 110(l) of the 
CAA.
    Other specific requirements of the 2008 8-hour ozone NAAQS case-by-
case RACT determinations and the rationale for EPA's proposed action 
are explained more thoroughly in the NPRM, and its associated technical 
support document (TSD), and will not be restated here.

III. Public Comments and EPA Responses

    EPA received comments from three commenters on the May 7, 2021 
NPRM. 86 FR 24564. A summary of the comments and EPA's responses are 
discussed in this section. A copy of the comments can be found in the 
docket for this rule action.
    Comment 1: Two commenters indicated that the permit for U.S Steel 
Mon Valley Works--Clairton listed in the table of the document should 
be Permit No. 0052-I020b effective, December 11, 2021 rather than 
Permit No., 0052-I020a effective, December 7, 2021.
    Response 1: EPA agrees with commenters and has corrected the permit 
number and effective date indicated in the tables of this preamble.
    Comment 2: One commenter identified that there is an appeal of the 
RACT II permit for the PPG Springdale facility pending before ACHD's 
Hearing Officer and, therefore, requested EPA not take final action on 
the SIP revision.
    Response 2: EPA is not taking final action on the PPG Springdale 
RACT determination at this time and will act on this SIP revision in a 
later rulemaking. EPA will respond to the comment at that time.

IV. Final Action

    EPA is approving case-by-case RACT determinations for sources at 
nine major NOX and VOC emitting facilities in Allegheny 
County, as required to meet obligations pursuant to the 2008 8-hour 
ozone NAAQS, as revisions to the Pennsylvania SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes

[[Page 58223]]

incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations and NOx averaging plan limits under the 
1997 and 2008 8-hour ozone NAAQS for certain major sources of VOC and 
NOX in Allegheny County. 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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully Federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rule of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\6\
---------------------------------------------------------------------------

    \6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    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 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 20, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action approving Pennsylvania's NOX and VOC RACT 
requirements for nine facilities for the 2008 8-hour ozone NAAQS may 
not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

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: October 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (d)(1) is amended by:
0
a. Revising the entries for ``Hercules, Inc.--West Elizabeth'' (Permit 
No. E.O.-216); ``Hercules, Inc.--West Elizabeth'' (Permit No. CO-257); 
``Neville Chemical Company''; ``Universal Stainless & Alloy Products, 
Inc''; ``U.S. Steel (USX Corporation.)--Clairton Works)''; ``USX 
Corporation--Edgar Thomson Works''; ``USX, Inc.--Irvin Works''; 
``Bellefield Boiler Plant--Pittsburgh''; and ``Pittsburgh Allegheny 
County Thermal, Ltd''; ``NRG Energy Center (formerly Pittsburgh Thermal 
Limited Partnership)'';
0
b. Adding entries, in the following order, at the end of the table for 
``Bellefield Boiler Plant (formerly referenced as Bellefield Boiler 
Plant--Pittsburgh) ''; ``Eastman Chemical Resins, Inc. Jefferson Site 
(formerly referenced as Hercules, Inc.--West Elizabeth)''; ``Energy 
Center Pittsburgh LLC North Shore Plant (formerly referenced as NRG 
Energy Center)''; ``U.S. Steel Mon Valley Works Clairton Plant 
(formerly referenced as U.S. Steel (USX Corporation)--Clairton 
Works)''; ``U.S. Steel Mon Valley Works Edgar Thomson Plant (formerly 
referenced as USX Corporation--Edgar Thomson Works)''; and ``U.S. Steel 
Mon Valley Works--Irvin Plant (formerly referenced as USX, Inc.--Irvin 
Works)''; ``Neville Chemical Company''; ``Pittsburgh Allegheny Co. 
Thermal, LTD''; and

[[Page 58224]]

``Universal Stainless & Alloy Products, Inc.''.
    The revisions and additions read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Additional
                                                                                                                                      explanations/Sec.
          Name of source                   Permit No.                  County            State effective date    EPA approval date    Sec.   52.2063 and
                                                                                                                                      52.2064 citations
                                                                                                                                             \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Hercules, Inc.--West Elizabeth...  EO-216...................  Allegheny...............  3/8/96................  10/16/01, 66 FR      See also
                                                                                                                 52506.               52.2064(e)(2).
Hercules, Inc.--West Elizabeth...  CO-257...................  Allegheny...............  1/14/97 11/1/99.......  10/16/01, 66 FR      See also
                                                                                                                 52506.               52.2064(e)(2).
Neville Chemical Company.........  CO-230...................  Allegheny...............  12/13/96..............  10/16/01, 66 FR      See also
                                                                                                                 52506.               52.2064(e)(4).
 
                                                                      * * * * * * *
Universal Stainless & Alloy        CO-241...................  Allegheny...............  12/19/96..............  10/16/01, 66 FR      See also
 Products, Inc.                                                                                                  52511.               52.2064(e)(6).
 
                                                                      * * * * * * *
U.S. Steel (USX Corporation.)--    CO-234...................  Allegheny...............  12/30/96..............  10/16/01, 66 FR      See also
 Clairton Works.                                                                                                 52511.               52.2064(e)(7).
USX Corporation--Edgar Thomson     CO-235...................  Allegheny...............  12/30/96..............  10/16/01, 66 FR      See also
 Works.                                                                                                          52511.               52.2064(e)(8).
USX, Inc.--Irvin Works...........  CO-258...................  Allegheny...............  12/30/96..............  10/16/01, 66 FR      See also
                                                                                                                 52511.               52.2064(e)(9).
 
                                                                      * * * * * * *
Bellefield Boiler Plant--          EO-248...................  Allegheny...............  12/19/96..............  10/12/01, 66 FR      See also
 Pittsburgh.                                                                                                     52044.               52.2064(e)(1).
 
                                                                      * * * * * * *
Pittsburgh Allegheny County        CO-265...................  Allegheny...............  11/9/98...............  10/12/01, 66 FR      See also
 Thermal, Ltd.                                                                                                   52044.               52.2064(e)(5).
 
                                                                      * * * * * * *
NRG Energy Center (formerly        CO220....................  Allegheny...............  3/4/96................  05/11/06, 71 FR      See also
 Pittsburgh Thermal Limited                                                                                      27394.               52.2064(e)(3).
 Partnership).
 
                                                                      * * * * * * *
Bellefield Boiler Plant (formerly  0047-I003a...............  Allegheny...............  11/30/20..............  10/21/21, [insert    52.2064(e)(1).
 referenced as Bellefield Boiler                                                                                 Federal Register
 Plant--Pittsburgh).                                                                                             citation].
Eastman Chemical Resins, Inc.      0058-I026a...............  Allegheny...............  9/30/20...............  10/21/21, [insert    52.2064(e)(2).
 Jefferson Site (formerly                                                                                        Federal Register
 referenced as Hercules, Inc.--                                                                                  citation].
 West Elizabeth).
Energy Center Pittsburgh LLC       0022-I003a...............  Allegheny...............  11/30/20..............  10/21/21, [insert    52.2064(e)(3).
 North Shore Plant (formerly                                                                                     Federal Register
 referenced as NRG Energy Center).                                                                               citation].
U.S. Steel Mon Valley Works        0052-I020b...............  Allegheny...............  12/11/20..............  10/21/21, [insert    52.2064(e)(7).
 Clairton Plant (formerly                                                                                        Federal Register
 referenced as U.S. Steel (USX                                                                                   citation].
 Corporation)--Clairton Works).
U.S. Steel Mon Valley Works Edgar  0051-I008a...............  Allegheny...............  12/7/20...............  10/21/21, [insert    52.2064(e)(8).
 Thomson Plant (formerly                                                                                         Federal Register
 referenced as USX Corporation--                                                                                 citation].
 Edgar Thomson Works).
U.S. Steel Mon Valley Works--      0050-OP16c...............  Allegheny...............  12/7/20...............  10/21/21, [insert    52.2064(e)(9).
 Irvin Plant (formerly referenced                                                                                Federal Register
 as USX, Inc.--Irvin Works).                                                                                     citation].
Neville Chemical Company.........  0060d....................  Allegheny...............  11/10/20..............  10/21/21, [insert    52.2064(e)(4).
                                                                                                                 Federal Register
                                                                                                                 citation].
Pittsburgh Allegheny Co. Thermal,  0044-I001a...............  Allegheny...............  11/30/20..............  10/21/21, [insert    52.2064(e)(5).
 LTD.                                                                                                            Federal Register
                                                                                                                 citation].

[[Page 58225]]

 
Universal Stainless & Alloy        0027a....................  Allegheny...............  2/20/20...............  10/21/21, [insert    52.2064(e)(6).
 Products, Inc..                                                                                                 Federal Register
                                                                                                                 citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The cross-references that are not Sec.   52.2064 are to material that pre-date the notebook format. For more information, see Sec.   52.2063.

* * * * *

0
3. Amend Sec.  52.2064 by adding paragraph (e) to read as follows:


Sec.  52.2064   EPA-approved Source-Specific Reasonably Available 
Control Technology (RACT) for Volatile Organic Compounds (VOC) and 
Oxides of Nitrogen (NOX).

* * * * *
    (e) Approval of source-specific RACT requirements for 2008 8-hour 
ozone national ambient air quality standards for the facilities listed 
in this paragraph are incorporated as specified. (Rulemaking Docket No. 
EPA-OAR-2020-0575).
    (1) Bellefield Boiler Plant--Incorporating by reference 
Installation Permit No. 0047-I003a, issued on April 14, 2020 and 
amended on November 30, 2020 as redacted by ACHD, which supersedes RACT 
Enforcement Order No. 248, effective December 19, 1996, except for 
Conditions 1.2, 1.3, 1.4, 1.5 and 1.7A through E, which remain as RACT 
requirements. See also Sec.  52.2063(c)(177)(i)(B)(3) for prior RACT 
approval.
    (2) Eastman Chemical Resins, Inc. Jefferson Site--Installation 
Permit No. 0058-I026 issued April 21, 2020, as redacted by ACHD, which 
supersedes Consent Order No. 257, issued on January 14, 1997, except 
for Conditions 1.1, 1.2, 1.3, 1.4, and 1.7, which remain as RACT 
requirements. The requirements of Enforcement Order No. 216, issued 
March 8, 1996, also continue to apply to identified sources that 
continue to operate. See also Sec. Sec.  52.2063(c)(166)(i)(B)(2) and 
52.2063(c)(166)(i)(B)(3), respectively, for prior RACT approval.
    (3) Energy Center Pittsburgh LLC, North Shore Plant-- Incorporating 
by reference Installation Permit No. 0022-I003a, issued on March 18, 
2020 and amended on November 30, 2020, as redacted by ACHD. All permit 
conditions in the prior RACT Permit, CO No. 220, effective March 4, 
1996, remain as RACT requirements. See also Sec.  52.2063(d)(1)(o) for 
prior RACT approval.
    (4) Neville Chemical Company--Incorporating by reference 
Installation Permit No. 00060d issued September 28, 2015 and amended on 
November 10, 2020, as redacted by ACHD, which supersedes Consent Order 
No. 230, issued on December 13, 1996, except for Conditions 1.1, 1.3, 
1.5, 1.6, 1.7. 1.9, and 1.10, which remain as RACT requirements. See 
also Sec.  52.2063(c)(166)(i)(B)(4) for prior RACT approval.
    (5) Pittsburgh Allegheny County Thermal, Ltd--Incorporating by 
reference Permit No. 0044-I001a, issued on March 25, 2020 and amended 
on November 30, 2020, as redacted by ACHD. All permit conditions in the 
prior RACT Permit, CO No. 265, effective November 9, 1998, remain as 
RACT requirements. See also Sec.  52.2063(c)(177)(i)(B)(8) for prior 
RACT approval.
    (6) Universal Stainless & Alloy Products, Inc.--Incorporating by 
reference Title V Operating Permit No. 0027a, issued on November 21, 
2017 and amended on February 20, 2020, as redacted by ACHD, which 
supersedes Consent Order No. 241 issued on December 19, 1996, except 
for Conditions 1.1, 1.2, and 1.3, which remain as RACT requirements. 
See also Sec.  52.2063(c)(172)(i)(B)(2) for prior RACT approval.
    (7) U.S. Steel Mon Valley Works Clairton Plant--Incorporating by 
reference Installation Permit No. 0052-I020b, revised and issued 
December 11, 2020, as redacted by ACHD, which supersedes RACT Consent 
Order No. 234, issued December 30, 1996, except for Conditions 1.1, 
1.3, 1.4, 1.5, and 1.6, which remain as RACT requirements. See also 
Sec.  52.2063(c)(172)(i)(B)(5) for prior RACT approval.
    (8) U.S. Steel Mon Valley Works Edgar Thompson Plant--Incorporating 
by reference Installation Permit 0051-I008a, revised and effective on 
(December 7, 2020), which supersedes the RACT Consent Order No. 235, 
issued December 30, 1996, except for Conditions 1.1, 1.3, 1.4, 1.5, 
1.6, and 1.7, which remain as RACT requirements. See also Sec.  
52.2063(c)(172)(i)(B)(6) for prior RACT approval.
    (9) U.S. Steel Mon Valley Works--Irvin Plant--Incorporating by 
reference Title V Operating Permit No. 0050-OP16c, issued on December 
7, 2020, as redacted by ACHD, which supersedes RACT Consent Order No. 
258, issued December 30, 1996, except for Conditions 1.1 and 1.2 and 
for Source ID P008 (No. 3 Five Stand Cold Reduction Mill) Condition 
1.3, which remain as RACT requirements. See also Sec.  
52.2063(c)(172)(i)(B)(7) for prior RACT approval.

[FR Doc. 2021-22570 Filed 10-20-21; 8:45 am]
BILLING CODE 6560-50-P
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