Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 3437-3446 [2021-27231]

Download as PDF Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations * * * * * [FR Doc. 2022–01178 Filed 1–21–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2021–0380; FRL–9288–02– R3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. jspears on DSK121TN23PROD with RULES1 AGENCY: 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 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 & 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: I. Background On August 2, 2021, EPA published a notice of proposed rulemaking (NPRM). 86 FR 41426. In the NPRM, EPA SUMMARY: The Environmental Protection proposed approval of case-by-case Agency (EPA) is approving multiple RACT determinations or alternative state implementation plan (SIP) NOX emissions limits for sources at 24 revisions submitted by the facilities, as EPA found that the RACT Commonwealth of Pennsylvania. These controls for these sources met the CAA revisions were submitted by the RACT requirements for the 1997 and Pennsylvania Department of 2008 8-hour ozone NAAQS. These caseEnvironmental Protection (PADEP) to by-case RACT determinations or establish and require reasonably alternative NOX emissions limits for available control technology (RACT) for sources at these facilities were included 24 major volatile organic compound in PADEP’s May 7, 2020 SIP submission (VOC) and/or nitrogen oxide (NOX) on. As indicated in the NPRM, EPA emitting facilities pursuant to the views each facility as a separable SIP Commonwealth of Pennsylvania’s revision. conditionally approved RACT Under certain circumstances, states regulations. In this rule action, EPA is are required to submit SIP revisions to approving source-specific (also referred address RACT requirements for both to as case-by-case or CbC) RACT major sources of NOX and VOC and any determinations or alternative NOX source covered by control technique emissions limits for sources at 24 major guidelines (CTG), for each ozone NOX and VOC emitting facilities within NAAQS. Which NOX and VOC sources the Commonwealth submitted by in Pennsylvania are considered ‘‘major,’’ PADEP. These RACT evaluations were and are therefore subject to RACT, is submitted to meet RACT requirements dependent on the location of each for the 1997 and 2008 8-hour ozone source within the Commonwealth. national ambient air quality standards Sources located in nonattainment areas (NAAQS). EPA is approving these would be subject to the ‘‘major source’’ revisions to the Pennsylvania SIP in definitions established under the CAA accordance with the requirements of the based on the area’s current Clean Air Act (CAA) and EPA’s classification(s). In Pennsylvania, implementing regulations. sources located in any ozone DATES: This final rule is effective on nonattainment areas outside of February 23, 2022. moderate or above are subject to source ADDRESSES: EPA has established a thresholds of 50 tons per year (tpy) docket for this action under Docket ID because of the Ozone Transport Region Number EPA–R03–OAR–2021–0380. All (OTR) requirements in CAA section documents in the docket are listed on 184(b)(2). On May 16, 2016, PADEP submitted the https://www.regulations.gov a SIP revision addressing RACT for both website. Although listed in the index, the 1997 and 2008 8-hour ozone some information is not publicly NAAQS in Pennsylvania. PADEP’s May available, e.g., confidential business 16, 2016 SIP revision intended to information (CBI) or other information whose disclosure is restricted by statute. address certain outstanding non-CTG VOC RACT, VOC CTG RACT, and major Certain other material, such as source VOC and NOX RACT copyrighted material, is not placed on VerDate Sep<11>2014 17:35 Jan 21, 2022 Jkt 256001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 3437 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 as previously approved in 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 alternative NOX emissions limits. This rule is based on EPA’s review of one of these SIP revisions. 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 1 The RACT I Rule was approved by EPA into the Pennsylvania SIP on March 23, 1998. 63 FR 13789. Through this RACT II 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 final rule are subject to the presumptive RACT II provisions at issue in that Sierra Club decision. E:\FR\FM\24JAR1.SGM 24JAR1 3438 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations requirements for major sources in Pennsylvania subject to 25 Pa. Code 129.98 or 129.99. Among the Pennsylvania RACT SIP revisions submitted by PADEP were case-by-case RACT determinations and alternative NOX emissions limits for the existing emissions units at each of the major sources of NOX and/or VOC that required a source-specific RACT determination or alternative NOX emissions limits for major sources seeking such limits. In PADEP’s case-by-case RACT determinations, an evaluation was completed to determine if previously SIP-approved, case-by-case RACT emissions 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 In PADEP’s RACT determinations involving NOX averaging, an evaluation was completed to determine whether the aggregate NOX emissions emitted by the air contamination sources included in the facility-wide or system-wide NOX emissions averaging plan using a 30-day rolling average are greater than the NOX emissions that would be emitted by the group of included sources if each source complied with the applicable presumptive limitation in 25 Pa. Code 129.97 on a source-specific basis. Here, EPA is approving SIP revisions pertaining to case-by-case RACT requirements and/or alternative NOX emissions limits for sources at 24 major NOX and/or VOC emitting facilities in Pennsylvania, as summarized in Table 1 in this document. jspears on DSK121TN23PROD with RULES1 TABLE 1—TWENTY–FOUR MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO CASE-BY-CASE RACT II DETERMINATIONS UNDER THE 1997 AND 2008 8-HOUR OZONE NAAQS Major source (county) 1-Hour ozone RACT source? (RACT I) Major source pollutant (NOX and/or VOC) Anvil International, LLC (formerly Grinnell Corporation) (Lancaster). ArcelorMittal Plate LLC Conshohocken Plant (formerly Bethlehem Lukens Plate) (Montgomery). Braskem America Inc. Marcus Hook (formerly Epsilon Products Co.—Marcus Hook) (Delaware). Buck Co Inc. Quarryville (formerly Buck Company Inc) (Lancaster). Calumet Karns City Refining LLC (formerly Penreco—Karns City) (Butler). Clarion Bathware Marble (Clarion) Yes ................................................ VOC .............................................. Yes ................................................ NOX and VOC .............................. Yes ................................................ VOC .............................................. 23–00012 (3/2/2020). Yes ................................................ VOC .............................................. Yes ................................................ VOC .............................................. 36–05053 (4/1/2020). 10–027H (11/29/2018). No ................................................. VOC .............................................. Domtar Paper Company Johnsonburg Mill (formerly Willamette Industries, Johnsonburgh Mill) (Elk). Exelon Generation Company LLC Croydon Generating Station (formerly PECO Energy Co.— Croydon Generating Station) (Bucks). Georgia-Pacific Panel Products LLC Mt. Jewell MDF Plant (McKean). GE Transportation Grove City Engine (formerly GE Transportation Systems) (Mercer). GrafTech USA LLC St Marys (formerly The Carbide/Graphite Group, Inc) (Elk). Haysite Reinforced Plastics LLC Erie (Erie). INMETCO Ellwood City (formerly The International Metals Reclamation Co) (Lawrence). International Waxes Inc Farmers Valley (formerly Petrowax Refining) (McKean). Jeld Wen Fiber Division PA (Bradford). Mars Wrigley Confectionery US LLC Elizabethtown (Lancaster). Yes ................................................ NOX and VOC .............................. Yes ................................................ NOX ............................................... 09–00016 (4/11/2018). Yes ................................................ NOX and VOC .............................. 42–158R (1/2/2019). Yes ................................................ NOX and VOC .............................. 43–00196 (11/7/2019). Yes ................................................ VOC .............................................. 24–00012 (5/1/2019). No ................................................. VOC .............................................. Yes ................................................ NOX and VOC .............................. 25–00783 (7/24/2019). 37–00243 (12/6/2019). Yes ................................................ NOX and VOC .............................. 42–00011 (2/21/2020). Yes ................................................ NOX and VOC .............................. Yes ................................................ VOC .............................................. 08–00003 (9/21/2018). 36–05142 (7/18/2019). 3 While the prior SIP-approved RACT I permit will remain part of the SIP, this RACT II rule will VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 incorporate by reference the RACT II requirements through the RACT II permit and clarify the ongoing PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 RACT II permit (effective date) 36–05019 (2/1/2019). 46–00011 (1/26/2018). 16–00133 (12/19/2020). 24–00009 (2/25/2020). applicability of specific conditions in the RACT I permit. E:\FR\FM\24JAR1.SGM 24JAR1 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3439 TABLE 1—TWENTY–FOUR MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO CASE-BY-CASE RACT II DETERMINATIONS UNDER THE 1997 AND 2008 8-HOUR OZONE NAAQS—Continued Major source (county) 1-Hour ozone RACT source? (RACT I) Major source pollutant (NOX and/or VOC) Molded Fiber Glass Company Union City (formerly Molded Fiber Glass) (Erie). Monroe Energy LLC Trainer (formerly Conoco Phillips Company) (Delaware). Nova Chemicals Company Beaver (formerly Nova Chemicals, Inc.) (Beaver). Sasol Chemicals USA LLC (formerly Merisol Antioxidants LLC) (Venango). Silberline Manufacturing Company Lincoln Drive Plant (formerly Silberline Manufacturing Co) (Schuylkill). Superior Tube Company Lower Providence (formerly Superior Tube Company) (Montgomery). Victaulic Company Alburtis Facility (Lehigh). Victaulic Forks Facility (Northampton). Yes ................................................ VOC .............................................. 25–00035 (2/5/2020). Yes ................................................ NOX and VOC .............................. 23–00003 (6/5/2017). Yes ................................................ VOC .............................................. 04–00033 (4/2/2020). Yes ................................................ VOC .............................................. 61–00011 (2/16/2020). Yes ................................................ VOC .............................................. 54–00041 (3/16/2020). Yes ................................................ VOC .............................................. 46–00020 (2/5/2020). Unknown * ..................................... VOC .............................................. Unknown ** ................................... VOC .............................................. 39–00069 (10/24/2017). 48–0009 (10/24/2017). RACT II permit (effective date) jspears on DSK121TN23PROD with RULES1 * PADEP records indicate that Victaulic Company Alburtis Facility may have been subject to RACT I requirements because PADEP technical review memos and operating permits issued to the facility in the past reference RACT I requirements. However, in reviewing the facility’s files, PADEP could not produce a RACT I permit nor any files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the Pennsylvania SIP for Victaulic Alburtis. See PADEP comment and response document dated January 2020. ** PADEP records indicate that Victaulic Forks Facility may have been subject to RACT I requirements because PADEP technical review memos and operating permits issued to the facility in the past reference RACT I requirements. However, in reviewing the facility’s files, PADEP could not produce a RACT I permit nor any files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the Pennsylvania SIP for Victaulic Forks. See PADEP comment and response document dated January 2020. The case-by-case RACT determinations submitted by PADEP consist of an evaluation of all reasonably available controls at the time of evaluation for each affected emissions unit, resulting in a PADEP determination of what specific emissions limit or control measures satisfy RACT for that particular unit. The adoption of new, additional, or revised emissions 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 PADEP to the source. Similarly, PADEP’s determinations of alternative NOX emissions limits are included in RACT II permits. These RACT II permits have been submitted as part of the Pennsylvania RACT SIP revisions for EPA’s approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). The RACT II permits submitted by PADEP are listed in the last column of Table 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– VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 R03–OAR–2021–0380.4 EPA is incorporating by reference in the Pennsylvania SIP, via the RACT II permits, source-specific RACT emissions limits and control measures and/or alternative NOX emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions. B. EPA’s Final Action PADEP’s SIP revisions incorporate its determinations of source-specific RACT II controls for individual emission units at major sources of NOX and/or VOC in Pennsylvania, where those units are not covered by or cannot meet Pennsylvania’s presumptive RACT regulation or where included in a NOX emissions averaging plan. After thorough review and evaluation of the information provided by PADEP in its SIP revision submittals for sources at 24 major NOX and/or VOC emitting facilities in Pennsylvania, EPA found that: (1) PADEP’s case-by-case RACT determinations and conclusions 4 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 establish limits and/or controls on individual sources that are reasonable and appropriately considered technically and economically feasible controls; (2) PADEP’s determinations on alternative NOX emissions limits demonstrate that emissions under the averaging plan are equivalent to emissions if the individual sources were operating in accordance with the applicable presumptive limit; and (3) PADEP’s determinations are consistent with the CAA, EPA regulations, and applicable EPA guidance. PADEP, in its RACT II determinations, considered the prior source-specific RACT I requirements and, where more stringent, retained those RACT I requirements as part of its new RACT determinations. In the NPRM, EPA proposed to find that all the proposed revisions to previously SIPapproved RACT I 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. E:\FR\FM\24JAR1.SGM 24JAR1 3440 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS case-by-case RACT determinations and alternative NOX emissions limits 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. jspears on DSK121TN23PROD with RULES1 III. Public Comments and EPA Responses EPA received comments from three commenters on the August 2, 2021 NPRM. 86 FR 41426. 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: One commenter notes that where PADEP proposed annual limits as RACT, EPA has proposed approval of these limits as SIP strengthening measures rather than RACT provisions. The commenter asserts that if EPA cannot approve the provisions as RACT due to EPA’s policy of not approving limits with averaging times longer than 30 days, the annual limit determinations must be disapproved and remitted back to the state or EPA must explain how this long-term limit is acceptable. Response 1: While the commenter does not specify a particular EPA policy, EPA agrees that its existing guidance does highlight the need for emission controls that are reasonably consistent with protecting a short-term NAAQS such as ozone. In those cases where an emission limit for a RACT control can be quantified, EPA guidance states that averaging periods for such limits should be as short as practicable and in no case longer than 30 days.5 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. The establishment of case-by-case RACT requirements to reduce VOC and/or NOX emissions considers not only numeric emission limits, but also design and equipment specifications, operational and throughput constraints and work practice standards. In the SIP revisions in this final rule action, PADEP has followed its SIPapproved RACT process and evaluated the technical and economic feasibility of control strategies for various sources 5 See the January 20, 1984 EPA guidance memorandum titled ‘‘Averaging Times for Compliance with VOC Emission Limits—SIP Revision Policy.’’ VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 that required source-specific RACT requirements. While the commenter has not identified any specific objectionable source or annual limit, PADEP’s CbC determinations for sources at the 24 facilities at issue in this rule run the gamut of short-term emission limits, operational and throughput constraints, and work practice standards. Sometimes, the CbC determination is the retention of the prior RACT requirements. The CbC determinations also impose monitoring and recordkeeping requirements to ensure enforceability. In addition to these source-specific RACT requirements, PADEP has, for certain sources, added an annual limit to its CbC determination. These annual limits derive from either existing permit limits previously established under another regulatory authority or operating conditions utilized in conducting the economic feasibility portion of the RACT analysis. The annual limits help to ensure that the SIP requires the conditions under which PADEP analyzed RACT feasibility. PADEP included those annual limits in its SIP submittal to us, and EPA is incorporating those annual emission limits into the SIP not as RACT control limits but for the purpose of SIP strengthening.6 Courts have recognized EPA’s ability to approve such SIP strengthening measures. In Ass’n of Irritated Residents v. EPA, the court noted that the CAA generally provides states with the responsibility to meet air quality standards and to adopt emission limits, No. 19–71223 (9th Cir. August 26, 2021). See also 42 U.S.C. 7407(a), 7416. The court also reasoned that the CAA does not prohibit a state from establishing an emission limit so long as it is not less stringent than limits already in the SIP and is enforceable. Id. section 7416. The annual emissions limits established by PADEP here meet both criteria. As described above, the annual limits are an additional requirement imposed by PADEP to supplement its CbC RACT determinations. They are not less stringent and are enforceable. For these reasons, we consider the annual limits to be separate from RACT and will approve them into the SIP as strengthening measures. Comment 2: The commenter claims that EPA is required to disapprove the RACT permit limits for ArcelorMittal Plate LLC’s Conshohocken Plant (ArcelorMittal Conshohocken) because 6 See also EPA’s October 16, 2020 approval of other PADEP CbC SIP revisions for a discussion of SIP strengthening provisions. 85 FR 65706, 65709. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 ‘‘the emission limits are not sufficient enough to meet RACT requirements.’’ The commenter lists the following sources as having only ton per year limits or limits calculated on a rolling 12-month average or sum: Drever Furnace, Quench Furnace, Rose Annealing Furnace, Slab Heating Furnaces 1 and 2, and Temper Furnace. The commenter cites several documents, including EPA’s own rulemaking actions and guidance documents, that point to a 30-day averaging time for NOX RACT being appropriate for a short-term NAAQS such as the 8-hour ozone NAAQS as support for disapproving the annual limits and the 12-month averaging periods in the ArcelorMittal Conshohocken RACT II permit. In a second, yet related comment, the same commenter further claims that EPA cannot approve the 12-month averaging emission limits for sources at ArcelorMittal Conshohocken as ‘‘SIP strengthening’’ measures. The commenter notes that in EPA’s technical support document, it has identified these 12-month averaging limits as PADEP RACT limits and claims that EPA cannot now avoid disapproving these allegedly inadequate annual limits by calling them SIP strengthening measures. Additionally, the commenter claims that ‘‘it is possible to place shorter term limits, such as 30-day rolling averages’’ on the sources at ArcelorMittal Conshohocken. Response 2: The two comments received regarding EPA’s proposed approval of the annual limits in PADEP’s SIP revision for sources at ArcelorMittal Conshohocken’s facility specifically refer to the annual NOX emission limits included by PADEP in its CbC determinations for the five sources listed in the above comment that EPA is now approving and incorporating into the Pennsylvania SIP as ‘‘SIP strengthening’’ measures. For context, the NOX emission limits being incorporated as SIP strengthening measures for four of the five sources (Quench Furnace, Rose Annealing Furnace, Slab Heating Furnaces 1 and 2, and Temper Furnace) are existing NOX emission limits, which were previously incorporated into the Pennsylvania SIP for this facility. The annual NOX emission limit being incorporated with this rule action as a SIP strengthening measure for the fifth source, the Drever Furnace, is an existing permit limitation, which is not currently incorporated into the Pennsylvania SIP. As required under its SIP-approved RACT CbC process, PADEP conducted technical and, if applicable, economic feasibility analyses for all five sources at E:\FR\FM\24JAR1.SGM 24JAR1 jspears on DSK121TN23PROD with RULES1 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations ArcelorMittal Conshohocken pursuant to 25 Pa. Code 129.99, which in turn references the process outlined in 25 Pa. Code 129.92. In all five instances, no new controls were determined to be technically or economically feasible for the sources. For all five sources, the RACT II determinations EPA is approving include a fuel limitation (in thousand cubic feet per hour (Mcf/hr) calculated as a 12-month rolling sum); monthly fuel recordkeeping requirements; monthly and 12-month rolling sum NOX emissions calculations (using a designated emission factor in lb/Mcf fuel used); and a requirement to maintain and operate the source in accordance with manufacturer’s specifications and in accordance with good air pollution practices. In addition, PADEP also seeks to include in the SIP annual NOX emission limits.7 As discussed more fully in response to Comment 1, above of this preamble, states may propose additional emission limits to be included within its SIP, and EPA may approve such limits for a SIP so long as they are no less stringent. EPA views these as SIP strengthening measures. They help to ensure that the SIP requires the conditions under which PADEP analyzed RACT feasibility. The annual limits PADEP included for the five sources at ArcelorMittal Conshohocken derive from existing permit limits. Because these limits are being approved as SIP strengthening measures, rather than RACT limits, the rulemaking actions and guidance documents that commenter points to are irrelevant here. The commenter also makes a generalized claim that it is possible to limit the subject sources to a term shorter than 12-month averages. While the commenter’s claim that it is possible to have shorter term limits may be correct, a shorter-term limit is not required. PADEP chose to utilize existing annual limits established under another regulatory authority to add further limits to its RACT determinations. As discussed above, the RACT II determinations for the sources at the facility include fuel limitations, monthly recordkeeping requirements, and a requirement to maintain and operate in accordance with manufacturer’s specifications. PADEP included those annual limits in its SIP submittal to us, and EPA is incorporating those annual emission limits into the SIP not as RACT control limits but for the purpose of SIP strengthening. As described above, the annual limits are an additional requirement imposed by PADEP to supplement its CbC RACT determinations. They are not less stringent and are enforceable. For these reasons, we consider the annual limits to be separate from RACT and will approve them into the SIP as strengthening measures. Comment 3: One commenter requested disapproval of the Exelon Generation Company, LLC Croydon Generating Station RACT determination. The commenter asserts that water injection and selective catalytic reduction (SCR) for the sources at this facility should have been found economically feasible and should have been considered when evaluating PADEP’s RACT submittal. Further, commenter supports this argument by noting that the neighboring states of New Jersey, New York, and Maryland have determined these controls feasible at similar cost effectiveness values. Response 3: For sources at this facility, water injection and SCR were found to have, respectively, NOX removal costs of $5,696 and $4,423 per ton of NOX controlled. PADEP utilizes a cost effectiveness threshold of $3,500 per ton of NOX controlled. Therefore, PADEP determined that neither technology was cost effective and, therefore, both were eliminated in the analysis as economically feasible controls. While other states may consider the cost effectiveness values for these identified controls reasonable, each state has discretion to determine what costs are considered reasonable when establishing RACT for sources located within their jurisdictions and must make and defend their determination on how to weigh these values in establishing RACT. In its RACT II rule development, Pennsylvania also reviewed examples of benchmarks used by other states: Wisconsin, $2,500 per ton NOX; Illinois, $2,500–$3,000 per ton NOX; Maryland, $3,500–$5,000 per ton NOX; Ohio, $5,000 per ton NOX; and New York, $5,000–$5,500 per ton NOX.8 In its conditional approval of Pennsylvania’s overall RACT II program, EPA found that PADEP’s cost effectiveness thresholds are reasonable and reflect control levels achieved by the application and consideration of available control technologies, after considering both the economic and technological circumstances of Pennsylvania’s own sources. See 84 FR 8 PADEP 7 See PADEP Technical Review Memos, dated October 27, 2016 and August 8, 2017 [revised January 18, 2018]. VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 Responses to Frequently Asked Questions, Final Rulemaking RACT Requirements for Major Sources of NOX and VOCs. October 20, 2016. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 3441 20274, 20286 (May 9, 2019).9 For these reasons EPA is finalizing the RACT determinations for the Exelon Generation Company, LLC Croydon Generating Station. IV. Final Action EPA is approving case-by-case RACT determinations and/or alternative NOX emissions limits for 24 sources in Pennsylvania, as required to meet obligations pursuant to the 1997 and 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 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 alternative NOX emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain major sources of VOC and NOX in Pennsylvania. 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.10 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: 9 See also EPA’s October 16, 2020 approval of other PADEP CbC SIP revisions for a discussion of PADEP’s cost effectiveness thresholds. 85 FR 65706, 65711. 10 62 FR 27968 (May 22, 1997). E:\FR\FM\24JAR1.SGM 24JAR1 3442 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations jspears on DSK121TN23PROD with RULES1 • 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 VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 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 March 25, 2022. 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 24 facilities for the 1997 and 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: December 8, 2021. Diana Esher, Acting Regional Administrator, Region III. For the reasons set out in the preamble, 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 ‘‘Superior Tube Company’’; ‘‘PECO Energy Co.— Croydon Generating Station’’; ‘‘Epsilon Products Co.—Marcus Hook’’; ‘‘Silberline Manufacturing Co’’; ‘‘Nova Chemicals, Inc. (formerly Arco Chemical Co.—Beaver Valley)’’; ‘‘Penreco—Karns City’’; ‘‘Bethlehem Lukens Plate’’; ‘‘GE Transportation Systems’’; ‘‘Grinnell Corporation’’; ■ PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 ‘‘Buck Company Inc’’; ‘‘Petrowax Refining’’; ‘‘Molded Fiber Glass’’; ‘‘The International Metals Reclamation Co’’; ‘‘Conoco Phillips Company’’; ‘‘Willamette Industries, Johnsonburgh Mill’’; ‘‘Merisol Antioxidants LLC’’; and ‘‘The Carbide/Graphite Group, Inc’’; and ■ b. Adding entries at the end of the table for ‘‘Anvil International, LLC (formerly referenced as Grinnell Corporation)’’; ‘‘ArcelorMittal Plate LLC Conshohocken Plant (formerly referenced as Bethlehem Lukens Plate)’’; ‘‘Braskem America Inc. Marcus Hook (formerly referenced as Epsilon Products Co.—Marcus Hook)’’; ‘‘Buck Co Inc. Quarryville (formerly referenced as Buck Company Inc)’’; ‘‘Calumet Karns City Refining LLC (formerly referenced as Penreco—Karns City)’’; ‘‘Clarion Bathware Marble’’; ‘‘Domtar Paper Company Johnsonburg Mill (formerly referenced as Willamette Industries, Johnsonburgh Mill)’’; ‘‘Exelon Generation Company LLC Croydon Generating Station (formerly referenced as PECO Energy Co.— Croydon Generating Station)’’; ‘‘GeorgiaPacific Panel Products LLC Mt. Jewell MDF Plant’’; ‘‘GE Transportation Grove City Engine (formerly referenced as GE Transportation Systems)’’; ‘‘GrafTech USA LLC St Marys (formerly referenced as The Carbide/Graphite Group, Inc)’’; ‘‘Haysite Reinforced Plastics LLC Erie’’; ‘‘INMETCO Ellwood City (formerly referenced as The International Metals Reclamation Co)’’; ‘‘International Waxes Inc Farmers Valley (formerly referenced as Petrowax Refining’’; ‘‘Jeld Wen Fiber Division PA’’; ‘‘Mars Wrigley Confectionery US LLC Elizabethtown’’; ‘‘Molded Fiber Glass Company Union City (formerly referenced as Molded Fiber Glass)’’; ‘‘Monroe Energy LLC Trainer (formerly referenced as Conoco Phillips Company)’’; ‘‘Nova Chemicals Company Beaver (formerly referenced as Nova Chemicals, Inc.)’’; ‘‘Sasol Chemicals USA LLC (formerly referenced as Merisol Antioxidants LLC)’’; ‘‘Silberline Manufacturing Company Lincoln Drive Plant (formerly referenced as Silberline Manufacturing Co)’’; ‘‘Superior Tube Company Lower Providence (formerly referenced as Superior Tube Company)’’; ‘‘Victaulic Company Alburtis Facility’’; and ‘‘Victaulic Forks Facility’’. The revisions and additions read as follows: § 52.2020 * Identification of plan. * * (d) * * * (1) * * * E:\FR\FM\24JAR1.SGM 24JAR1 * * 3443 jspears on DSK121TN23PROD with RULES1 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations Additional explanations/ §§ 52.2063 and 52.2064 citations 1 Name of source Permit No. County State effective date EPA approval date * Superior Tube Company ... * OP–46–0020 ........ * Montgomery ..... * 4/17/98 ........... * * 11/06/98, 63 FR 59884 ...... * See also 52.2064(g)(22). * PECO Energy Co.— Croydon Generating Station. * OP–09–0016A ..... * Bucks ................ * 12/20/96 ......... * * 12/15/00, 65 FR 78418 ...... * See also 52.2064(g)(8). * Epsilon Products Co.— Marcus Hook. * OP–23–0012 ........ * Delaware .......... * 2/15/96 ........... * * 12/15/00, 65 FR 78418 ...... * See also 52.2064(g)(3). * Silberline Manufacturing Co * OP–54–0041 ........ * Schuylkill .......... * 4/19/99 ........... * * 12/15/00, 65 FR 78418 ...... * See also 52.2064(g)(21). * Nova Chemicals, Inc. (formerly Arco Chemical Co.—Beaver Valley). * (OP)04–000–033 * Beaver .............. * 4/16/99 ........... 1/24/01 ........... * * 10/17/01, 66 FR 52705 ...... * See also 52.2064(g)(19). * Penreco—Karns City ......... * OP–10–0027 ........ * Butler ................ * 5/31/95 ........... * * 10/12/01, 66 FR 52044 ...... * See also 52.2064(g)(5). * Bethlehem Lukens Plate .... * P–46–0011 ........... * Montgomery ..... * 12/11/98 ......... * * 10/30/01, 66 FR 54691 ...... * See also 52.2064(g)(2). * GE Transportation Systems * OP–43–196 .......... * Mercer .............. * 5/16/01 ........... * * 3/31/05, 70 FR 16416 ........ * See also 52.2064(g)(10). * Grinnell Corporation ........... Buck Company Inc ............ * 36–2019 ............... 36–2035 ............... * Lancaster .......... Lancaster .......... * 6/30/95 ........... 8/1/95 ............. * * 3/31/05, 70 FR 16420 ........ 3/31/05, 70 FR 16420 ........ * See also 52.2064(g)(1). See also 52.2064(g)(4). * Petrowax Refining .............. * OP–42–110 .......... * McKean ............ * 3/4/96, 5/31/96 * * 3/31/05, 70 FR 16423 ........ * See also 52.2064(g)(14). * Molded Fiber Glass ........... * OP–25–035 .......... * Erie ................... * 7/30/99 ........... * * 11/1/05, 70 FR 65842 ........ * See also 52.2064(g)(17). * The International Metals Reclamation Co. * OP–37–243 .......... * Lawrence .......... * 8/9/00 ............. * * 3/31/06, 71 FR 16235 ........ * See also 52.2064(g)(13). * Conoco Phillips Company * OP–23–0003 ........ * Delaware .......... * 4/29/04 ........... * * 6/13/06, 71 FR 34011 ........ * See also 52.2064(g)(18). * Willamette Industries, Johnsonburgh Mill. * OP–24–009 .......... * Elk .................... * 5/23/95 ........... * * 6/13/06, 71 FR 34011 ........ * See also 52.2064(g)(7). * Merisol Antioxidants LLC ... * OP–61–00011 ...... * Venango ........... * 4/18/05 ........... * * 6/14/06, 71 FR 34259 ....... * See also 52.2064(g)(20). * The Carbide/Graphite Group, Inc. * OP–24–012 .......... * Elk .................... * 5/12/95 ........... * * 7/11/06, 71 FR 38993 ........ * See also 52.2064(g)(11). * * Anvil International, LLC 36–05019 ............. (formerly referenced as Grinnell Corporation). ArcelorMittal Plate LLC 46–00011 ............. Conshohocken Plant (formerly referenced as Bethlehem Lukens Plate). Braskem America Inc. 23–00012 ............. Marcus Hook (formerly referenced as Epsilon Products Co.—Marcus Hook). * Lancaster .......... * 2/1/19 ............. * 1/24/22, [insert Federal Register citation]. 52.2064(g)(1). Montgomery ..... 1/26/18 ........... 1/24/22, [insert Federal Register citation]. 52.2064(g)(2). Delaware .......... 3/2/20 ............. 1/24/22, [insert Federal Register citation]. 52.2064(g)(3). VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM 24JAR1 * * 3444 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations Permit No. County State effective date Buck Co Inc. Quarryville (formerly referenced as Buck Company Inc). Calumet Karns City Refining LLC (formerly referenced as Penreco— Karns City). Clarion Bathware Marble ... 36–05053 ............. Lancaster .......... 4/1/2020 ......... 1/24/22, [insert Federal Register citation]. 52.2064(g)(4). 10–027H .............. Butler ................ 11/29/18 ......... 1/24/22, [insert Federal Register citation]. 52.2064(g)(5). 16–00133 ............. Clarion .............. 12/19/20 ......... 52.2064(g)(6). 24–00009 ............. Elk .................... 2/25/2020 ....... 1/24/22, [insert Federal Register citation]. 1/24/22, [insert Federal Register citation]. 09–00016 ............. Bucks ................ 4/11/18 ........... 1/24/22, [insert Federal Register citation]. 52.2064(g)(8). 42–158R .............. McKean ............ 1/2/19 ............. 1/24/22, [insert Federal Register citation]. 52.2064(g)(9). 43–00196 ............. Mercer .............. 11/7/19 ........... 1/24/22, [insert Federal Register citation]. 52.2064(g)(10). 43–00196 ............. Elk .................... 5/1/19 ............. 1/24/22, [insert Federal Register citation]. 52.2064(g)(11). 25–00783 ............. Erie ................... 7/24/19 ........... 52.2064(g)(12). 37–00243 ............. Lawrence .......... 12/6/2019 ....... 1/24/22, [insert Federal Register citation]. 1/24/22, [insert Federal Register citation]. 42–00011 ............. McKean ............ 2/21/20 ........... 1/24/22, [insert Federal Register citation]. 52.2064(g)(14). 08–0003 ............... Bradford ............ 9/21/18 ........... 52.2064(g)(15). 36–05142 ............. Lancaster .......... 7/18/19 ........... 25–00035 ............. Erie ................... 2/5/2020 ......... 1/24/22, [insert Federal Register citation]. 1/24/22, [insert Federal Register citation]. 1/24/22, [insert Federal Register citation]. 23–00003 ............. Delaware .......... 6/5/17 ............. 1/24/22, [insert Federal Register citation]. 52.2064(g)(18). 004–00033 ........... Beaver .............. 4/2/20 ............. 1/24/22, [insert Federal Register citation]. 52.2064(g)(19). 61–00011 ............. Venango ........... 2/16/20 ........... 1/24/22, [insert Federal Register citation]. 52.2064(g)(20). 54–00041 ............. Schuylkill .......... 3/16/20 ........... 1/24/22, [insert Federal Register citation]. 52.2064(g)(21). 46–00020 ............. Montgomery ..... 2/5/20 ............. 1/24/22, [insert Federal Register citation]. 52.2064(g)(22). Domtar Paper Company Johnsonburg Mill (formerly referenced as Willamette Industries, Johnsonburgh Mill). Exelon Generation Company LLC Croydon Generating Station (formerly referenced as PECO Energy Co.—Croydon Generating Station). Georgia-Pacific Panel Products LLC Mt. Jewell MDF Plant. GE Transportation Grove City Engine (formerly referenced as GE Transportation Systems). GrafTech USA LLC St Marys (formerly referenced as The Carbide/ Graphite Group, Inc). Haysite Reinforced Plastics LLC Erie. INMETCO Ellwood City (formerly referenced as The International Metals Reclamation Co). International Waxes Inc Farmers Valley (formerly referenced as Petrowax Refining). Jeld Wen Fiber Division PA jspears on DSK121TN23PROD with RULES1 Additional explanations/ §§ 52.2063 and 52.2064 citations 1 Name of source Mars Wrigley Confectionery US LLC Elizabethtown. Molded Fiber Glass Company Union City (formerly referenced as Molded Fiber Glass). Monroe Energy LLC Trainer (formerly referenced as Conoco Phillips Company). Nova Chemicals Company Beaver (formerly referenced as Nova Chemicals, Inc.). Sasol Chemicals USA LLC (formerly referenced as Merisol Antioxidants LLC). Silberline Manufacturing Company Lincoln Drive Plant (formerly referenced as Silberline Manufacturing Co). Superior Tube Company Lower Providence (formerly referenced as Superior Tube Company). VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 EPA approval date E:\FR\FM\24JAR1.SGM 24JAR1 52.2064(g)(7). 52.2064(g)(13). 52.2064(g)(16). 52.2064(g)(17). Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations Name of source Permit No. County State effective date Victaulic Company Alburtis Facility. Victaulic Forks Facility ....... 39–00069 ............. Lehigh ............... 10/24/17 ......... 48–0009 ............... Northampton ..... 10/24/17 ......... 1 The 1/24/22, [insert Federal Register citation]. 1/24/22, [insert Federal Register citation]. Additional explanations/ §§ 52.2063 and 52.2064 citations 1 52.2064(g)(23). 52.2064(g)(24). 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 (g) 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). * jspears on DSK121TN23PROD with RULES1 EPA approval date 3445 * * * * (g) Approval of source-specific RACT requirements for 1997 and 2008 8-hour ozone national ambient air quality standards for the facilities listed in this paragraph (g) are incorporated as specified. (Rulemaking Docket No. EPA–OAR–2021–0380.) (1) Anvil International, LLC— Incorporating by reference Permit No. 36–05019, effective February 1, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 36–2019, effective June 30, 1995, remain as RACT requirements for Sources 501, 502, 503, and 196. See also § 52.2020(d)(1), for prior RACT approval. (2) ArcelorMittal Plate LLC Conshohocken Plant—Incorporating by reference Permit No. 46–00011, effective January 26, 2018, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–46–0011, effective December 11, 1998, remain as RACT requirements except for Conditions 8 and 9, which are superseded by the new permit. See also § 52.2063(c)(185)(i)(B)(2), for prior RACT approval. (3) Braskem America Inc. Marcus Hook—Incorporating by reference Permit No. 23–00012, effective March 2, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–23–0012, effective February 15, 1996, remain as RACT requirements. See also § 52.2063(c)(143)(i)(B)(25), for prior RACT approval. (4) Buck Co Inc. Quarryville— Incorporating by reference Permit No. 36–05053, effective April 1, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 36–2035, effective August 1, 1995, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 (5) Calumet Karns City Refining LLC—Incorporating by reference Permit No. 10–027H, issued November 29, 2018, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 10–027, issued May 31, 1995 are superseded except for Condition No. 4 for Boiler No. 1, which remains as a RACT requirement. See also § 52.2063(c)(177)(i)(B)(1), for prior RACT approval. (6) Clarion Bathware Marble— Incorporating by reference Permit No. 16–00133, effective February 19, 2020, as redacted by Pennsylvania. (7) Domtar Paper Company Johnsonburg Mill—Incorporating by reference Permit No. 24–00009, effective February 25, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–24–009, effective May 23, 1995, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. (8) Exelon Generation Company, LLC Croydon Generating Station— Incorporating by reference Permit No. 09–00016, effective April 11, 2018, as redacted by Pennsylvania, in addition to the prior RACT Permit No. OP–09– 0016A, issued December 20, 1996 which also remains as RACT requirements except for condition 9.A. See also § 52.2063(c)(143)(i)(B)(13), for prior RACT approval. (9) Georgia-Pacific Panel Products LLC Mount Jewell MDF—Incorporating by reference Permit No. 42–158R, effective January 2, 2019, as redacted by Pennsylvania. (10) GE Transportation Grove City Engine—Incorporating by reference Permit No. 43–00196, effective October 7, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–43–196, effective May 16, 2001, remain as RACT requirements except for Conditions 3 and 9. See also § 52.2020(d)(1), for prior RACT approval. (11) GrafTech USA LLC St Marys– Incorporating by reference Permit No. 24–00012, effective May 1, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 24–012, effective May 12, 1995 remain as RACT requirements. See also PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 § 52.2020(d)(1), for prior RACT approval. (12) Haysite Reinforced Plastics LLC Erie– Incorporating by reference Permit No. 25–00783, effective July 24, 2019, as redacted by Pennsylvania. (13) INMETCO Ellwood City— Incorporating by reference Permit No. 37–00243, effective December 6, 2019, as redacted by Pennsylvania, which supersedes the prior RACT I Permit No. OP–37–243, effective August 9, 2000, except for Condition 5 (but only to the extent Condition 5 incorporates the operation and maintenance requirements of Condition 6 of OP–37– 243, effective September 1, 1995, for the furnaces), which remains as a RACT requirement. See also § 52.2020(d)(1), for prior RACT approval. (14) International Waxes Inc Farmers Valley—Incorporating by reference Permit No.42–00011, effective February 21, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP–42–110, effective March 4, 1996, except for Conditions 8 and 9, which remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. (15) Jeld Wen Fiber Division PA— Incorporating by reference Permit No. 08–00003, effective September 21, 2018, as redacted by Pennsylvania. (16) Mars Wrigley Confectionery US LLC Elizabethtown—Incorporating by reference Permit No. 36–05142, effective July 18, 2019, as redacted by Pennsylvania. (17) Molded Fiber Glass Co Union City—Incorporating by reference Permit No. 25–00035, effective February 5, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–25–035, effective July 30, 1999, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. (18) Monroe Energy LLC Trainer— Incorporating by reference Permit No. 23–00003, effective June 5, 2017, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 23–0003, effective April 29, 2004, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. E:\FR\FM\24JAR1.SGM 24JAR1 3446 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations (19) Nova Chemicals Company Beaver—Incorporating by reference Permit No. 04–00033, issued April 2, 2020, as redacted by PADEP, which supersedes prior RACT Permit No. 04– 000333, issued April 16, 1999 and reissued January 24, 2001. See also § 52.2063(c)(173)(i)(B)(4), for prior RACT approval. (20) Sasol Chemicals USA LLC— Incorporating by reference Permit No. 61–00011, effective February 16, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 61–011, effective April 18, 2005, remain as RACT requirements, except for the bypass limitation in Condition 12 (applicable to Source 107, 314/340 Distillation Columns), which is superseded by the new permit. See also § 52.2020(d)(1), for prior RACT approval. (21) Silberline Manufacturing Company Lincoln Drive Plant– Incorporating by reference Permit No. 54–00041, effective March 16, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 54–0041, effective April 19, 1999, remain as RACT requirements. See also § 52.2063(c)(143)(i)(B)(44), for prior RACT approval. (22) Superior Tube Company Lower Providence—Incorporating by reference Permit No. 46–00020, effective February 5, 2020, as redacted by Pennsylvania, which supersedes the prior RACT I Permit No OP–46–0020, effective April 17, 1998, except for the facility-wide NOX emissions limit found in Condition 4 and Conditions 5, 10, 11, 13, 14, and 15, which remain as RACT requirements. See also § 52.2063(c)(136)(i)(B)(13), for prior RACT approval. (23) Victaulic Company Alburtis Facility—Incorporating by reference Permit No. 39–00069, effective October 24, 2017, as redacted by Pennsylvania. (24) Victaulic Forks Facility— Incorporating by reference Permit No. 48–00009, effective October 24, 2017, as redacted by Pennsylvania. [FR Doc. 2021–27231 Filed 1–21–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY jspears on DSK121TN23PROD with RULES1 40 CFR Part 180 [EPA–HQ–OPP–2021–0352; FRL–9419–01– OCSPP] Nitrapyrin; Pesticide Tolerances Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 16:18 Jan 21, 2022 Jkt 256001 ACTION: Final rule. This regulation establishes a tolerance for residues of nitrapyrin in or on cottonseed, crop subgroup 20C; cotton, gin byproducts; cotton, meal; rice, grain; and rice, straw. Corteva Agrosciences requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective January 24, 2022. Objections and requests for hearings must be received on or before March 25, 2022 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2021–0352, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (202) 566–0294. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is open to visitors by appointment only. For the latest status information on EPA/DC services and access, visit https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Anita Pease, Antimicrobials Division (7510P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: ADFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ current/title-40. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2021–0352 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before March 25, 2022. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2021–0352, by one of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/where-sendcomments-epa-dockets. Additional instructions on commenting or visiting the docket, along with more information about E:\FR\FM\24JAR1.SGM 24JAR1

Agencies

[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3437-3446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27231]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0380; FRL-9288-02-R3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Reasonably Available Control Technology Determinations 
for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National 
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 24 major volatile organic compound (VOC) and/or nitrogen oxide 
(NOX) emitting facilities pursuant to the Commonwealth of 
Pennsylvania's conditionally approved RACT regulations. In this rule 
action, EPA is approving source-specific (also referred to as case-by-
case or CbC) RACT determinations or alternative NOX 
emissions limits for sources at 24 major NOX and VOC 
emitting facilities within the Commonwealth submitted by PADEP. These 
RACT evaluations were submitted to meet RACT requirements for the 1997 
and 2008 8-hour ozone national ambient air quality standards (NAAQS). 
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 February 23, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0380. 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 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 & 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 August 2, 2021, EPA published a notice of proposed rulemaking 
(NPRM). 86 FR 41426. In the NPRM, EPA proposed approval of case-by-case 
RACT determinations or alternative NOX emissions limits for 
sources at 24 facilities, as EPA found that the RACT controls for these 
sources met the CAA RACT requirements for the 1997 and 2008 8-hour 
ozone NAAQS. These case-by-case RACT determinations or alternative 
NOX emissions limits for sources at these facilities were 
included in PADEP's May 7, 2020 SIP submission on. As indicated in the 
NPRM, EPA views each facility as a separable SIP revision.
    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 source thresholds 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 as previously approved in 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 RACT II 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 alternative NOX emissions limits. This 
rule is based on EPA's review of one of these SIP revisions.
---------------------------------------------------------------------------

    \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 final rule are subject to the 
presumptive RACT II provisions at issue in that Sierra Club 
decision.
---------------------------------------------------------------------------

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

[[Page 3438]]

requirements for major sources in Pennsylvania subject to 25 Pa. Code 
129.98 or 129.99. Among the Pennsylvania RACT SIP revisions submitted 
by PADEP were case-by-case RACT determinations and alternative 
NOX emissions limits for the existing emissions units at 
each of the major sources of NOX and/or VOC that required a 
source-specific RACT determination or alternative NOX 
emissions limits for major sources seeking such limits.
    In PADEP's case-by-case RACT determinations, an evaluation was 
completed to determine if previously SIP-approved, case-by-case RACT 
emissions 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.
---------------------------------------------------------------------------

    In PADEP's RACT determinations involving NOX averaging, 
an evaluation was completed to determine whether the aggregate 
NOX emissions emitted by the air contamination sources 
included in the facility-wide or system-wide NOX emissions 
averaging plan using a 30-day rolling average are greater than the 
NOX emissions that would be emitted by the group of included 
sources if each source complied with the applicable presumptive 
limitation in 25 Pa. Code 129.97 on a source-specific basis.
    Here, EPA is approving SIP revisions pertaining to case-by-case 
RACT requirements and/or alternative NOX emissions limits 
for sources at 24 major NOX and/or VOC emitting facilities 
in Pennsylvania, as summarized in Table 1 in this document.

Table 1--Twenty-Four Major NOX and/or VOC Sources in Pennsylvania Subject to Case-by-Case Ract II Determinations
                                   Under the 1997 and 2008 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                          1-Hour ozone RACT      Major source pollutant       RACT II permit
        Major source (county)              source? (RACT I)         (NOX and/or VOC)         (effective date)
----------------------------------------------------------------------------------------------------------------
Anvil International, LLC (formerly     Yes....................  VOC....................  36-05019
 Grinnell Corporation) (Lancaster).                                                      (2/1/2019).
ArcelorMittal Plate LLC Conshohocken   Yes....................  NOX and VOC............  46-00011
 Plant (formerly Bethlehem Lukens                                                        (1/26/2018).
 Plate) (Montgomery).
Braskem America Inc. Marcus Hook       Yes....................  VOC....................  23-00012
 (formerly Epsilon Products Co.--                                                        (3/2/2020).
 Marcus Hook) (Delaware).
Buck Co Inc. Quarryville (formerly     Yes....................  VOC....................  36-05053
 Buck Company Inc) (Lancaster).                                                          (4/1/2020).
Calumet Karns City Refining LLC        Yes....................  VOC....................  10-027H
 (formerly Penreco--Karns City)                                                          (11/29/2018).
 (Butler).
Clarion Bathware Marble (Clarion)....  No.....................  VOC....................  16-00133
                                                                                         (12/19/2020).
Domtar Paper Company Johnsonburg Mill  Yes....................  NOX and VOC............  24-00009
 (formerly Willamette Industries,                                                        (2/25/2020).
 Johnsonburgh Mill) (Elk).
Exelon Generation Company LLC Croydon  Yes....................  NOX....................  09-00016
 Generating Station (formerly PECO                                                       (4/11/2018).
 Energy Co.--Croydon Generating
 Station) (Bucks).
Georgia-Pacific Panel Products LLC     Yes....................  NOX and VOC............  42-158R
 Mt. Jewell MDF Plant (McKean).                                                          (1/2/2019).
GE Transportation Grove City Engine    Yes....................  NOX and VOC............  43-00196
 (formerly GE Transportation Systems)                                                    (11/7/2019).
 (Mercer).
GrafTech USA LLC St Marys (formerly    Yes....................  VOC....................  24-00012
 The Carbide/Graphite Group, Inc)                                                        (5/1/2019).
 (Elk).
Haysite Reinforced Plastics LLC Erie   No.....................  VOC....................  25-00783
 (Erie).                                                                                 (7/24/2019).
INMETCO Ellwood City (formerly The     Yes....................  NOX and VOC............  37-00243
 International Metals Reclamation Co)                                                    (12/6/2019).
 (Lawrence).
International Waxes Inc Farmers        Yes....................  NOX and VOC............  42-00011
 Valley (formerly Petrowax Refining)                                                     (2/21/2020).
 (McKean).
Jeld Wen Fiber Division PA (Bradford)  Yes....................  NOX and VOC............  08-00003
                                                                                         (9/21/2018).
Mars Wrigley Confectionery US LLC      Yes....................  VOC....................  36-05142
 Elizabethtown (Lancaster).                                                              (7/18/2019).

[[Page 3439]]

 
Molded Fiber Glass Company Union City  Yes....................  VOC....................  25-00035
 (formerly Molded Fiber Glass) (Erie).                                                   (2/5/2020).
Monroe Energy LLC Trainer (formerly    Yes....................  NOX and VOC............  23-00003
 Conoco Phillips Company) (Delaware).                                                    (6/5/2017).
Nova Chemicals Company Beaver          Yes....................  VOC....................  04-00033
 (formerly Nova Chemicals, Inc.)                                                         (4/2/2020).
 (Beaver).
Sasol Chemicals USA LLC (formerly      Yes....................  VOC....................  61-00011
 Merisol Antioxidants LLC) (Venango).                                                    (2/16/2020).
Silberline Manufacturing Company       Yes....................  VOC....................  54-00041
 Lincoln Drive Plant (formerly                                                           (3/16/2020).
 Silberline Manufacturing Co)
 (Schuylkill).
Superior Tube Company Lower            Yes....................  VOC....................  46-00020
 Providence (formerly Superior Tube                                                      (2/5/2020).
 Company) (Montgomery).
Victaulic Company Alburtis Facility    Unknown *..............  VOC....................  39-00069
 (Lehigh).                                                                               (10/24/2017).
Victaulic Forks Facility               Unknown **.............  VOC....................  48-0009
 (Northampton).                                                                          (10/24/2017).
----------------------------------------------------------------------------------------------------------------
* PADEP records indicate that Victaulic Company Alburtis Facility may have been subject to RACT I requirements
  because PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
  requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
  files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
  Pennsylvania SIP for Victaulic Alburtis. See PADEP comment and response document dated January 2020.
** PADEP records indicate that Victaulic Forks Facility may have been subject to RACT I requirements because
  PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
  requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
  files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
  Pennsylvania SIP for Victaulic Forks. See PADEP comment and response document dated January 2020.

    The case-by-case RACT determinations submitted by PADEP consist of 
an evaluation of all reasonably available controls at the time of 
evaluation for each affected emissions unit, resulting in a PADEP 
determination of what specific emissions limit or control measures 
satisfy RACT for that particular unit. The adoption of new, additional, 
or revised emissions 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 PADEP to the source. Similarly, PADEP's determinations of 
alternative NOX emissions limits are included in RACT II 
permits. These RACT II permits have been submitted as part of the 
Pennsylvania RACT SIP revisions for EPA's approval in the Pennsylvania 
SIP under 40 CFR 52.2020(d)(1). The RACT II permits submitted by PADEP 
are listed in the last column of Table 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-2021-0380.\4\ EPA is incorporating by reference in the 
Pennsylvania SIP, via the RACT II permits, source-specific RACT 
emissions limits and control measures and/or alternative NOX 
emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain 
major sources of NOX and VOC emissions.
---------------------------------------------------------------------------

    \4\ 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 its determinations of source-
specific RACT II controls for individual emission units at major 
sources of NOX and/or VOC in Pennsylvania, where those units 
are not covered by or cannot meet Pennsylvania's presumptive RACT 
regulation or where included in a NOX emissions averaging 
plan. After thorough review and evaluation of the information provided 
by PADEP in its SIP revision submittals for sources at 24 major 
NOX and/or VOC emitting facilities in Pennsylvania, EPA 
found that: (1) PADEP'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; (2) PADEP's determinations on 
alternative NOX emissions limits demonstrate that emissions 
under the averaging plan are equivalent to emissions if the individual 
sources were operating in accordance with the applicable presumptive 
limit; and (3) PADEP's determinations are consistent with the CAA, EPA 
regulations, and applicable EPA guidance.
    PADEP, in its RACT II determinations, considered the prior source-
specific RACT I requirements and, where more stringent, retained those 
RACT I 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 I 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.

[[Page 3440]]

    Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS 
case-by-case RACT determinations and alternative NOX 
emissions limits 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 August 2, 2021 
NPRM. 86 FR 41426. 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: One commenter notes that where PADEP proposed annual 
limits as RACT, EPA has proposed approval of these limits as SIP 
strengthening measures rather than RACT provisions. The commenter 
asserts that if EPA cannot approve the provisions as RACT due to EPA's 
policy of not approving limits with averaging times longer than 30 
days, the annual limit determinations must be disapproved and remitted 
back to the state or EPA must explain how this long-term limit is 
acceptable.
    Response 1: While the commenter does not specify a particular EPA 
policy, EPA agrees that its existing guidance does highlight the need 
for emission controls that are reasonably consistent with protecting a 
short-term NAAQS such as ozone. In those cases where an emission limit 
for a RACT control can be quantified, EPA guidance states that 
averaging periods for such limits should be as short as practicable and 
in no case longer than 30 days.\5\
---------------------------------------------------------------------------

    \5\ See the January 20, 1984 EPA guidance memorandum titled 
``Averaging Times for Compliance with VOC Emission Limits--SIP 
Revision Policy.''
---------------------------------------------------------------------------

    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. The establishment 
of case-by-case RACT requirements to reduce VOC and/or NOX 
emissions considers not only numeric emission limits, but also design 
and equipment specifications, operational and throughput constraints 
and work practice standards.
    In the SIP revisions in this final rule action, PADEP has followed 
its SIP-approved RACT process and evaluated the technical and economic 
feasibility of control strategies for various sources that required 
source-specific RACT requirements. While the commenter has not 
identified any specific objectionable source or annual limit, PADEP's 
CbC determinations for sources at the 24 facilities at issue in this 
rule run the gamut of short-term emission limits, operational and 
throughput constraints, and work practice standards. Sometimes, the CbC 
determination is the retention of the prior RACT requirements. The CbC 
determinations also impose monitoring and recordkeeping requirements to 
ensure enforceability. In addition to these source-specific RACT 
requirements, PADEP has, for certain sources, added an annual limit to 
its CbC determination. These annual limits derive from either existing 
permit limits previously established under another regulatory authority 
or operating conditions utilized in conducting the economic feasibility 
portion of the RACT analysis. The annual limits help to ensure that the 
SIP requires the conditions under which PADEP analyzed RACT 
feasibility. PADEP included those annual limits in its SIP submittal to 
us, and EPA is incorporating those annual emission limits into the SIP 
not as RACT control limits but for the purpose of SIP strengthening.\6\
---------------------------------------------------------------------------

    \6\ See also EPA's October 16, 2020 approval of other PADEP CbC 
SIP revisions for a discussion of SIP strengthening provisions. 85 
FR 65706, 65709.
---------------------------------------------------------------------------

    Courts have recognized EPA's ability to approve such SIP 
strengthening measures. In Ass'n of Irritated Residents v. EPA, the 
court noted that the CAA generally provides states with the 
responsibility to meet air quality standards and to adopt emission 
limits, No. 19-71223 (9th Cir. August 26, 2021). See also 42 U.S.C. 
7407(a), 7416. The court also reasoned that the CAA does not prohibit a 
state from establishing an emission limit so long as it is not less 
stringent than limits already in the SIP and is enforceable. Id. 
section 7416. The annual emissions limits established by PADEP here 
meet both criteria. As described above, the annual limits are an 
additional requirement imposed by PADEP to supplement its CbC RACT 
determinations. They are not less stringent and are enforceable. For 
these reasons, we consider the annual limits to be separate from RACT 
and will approve them into the SIP as strengthening measures.
    Comment 2: The commenter claims that EPA is required to disapprove 
the RACT permit limits for ArcelorMittal Plate LLC's Conshohocken Plant 
(ArcelorMittal Conshohocken) because ``the emission limits are not 
sufficient enough to meet RACT requirements.'' The commenter lists the 
following sources as having only ton per year limits or limits 
calculated on a rolling 12-month average or sum: Drever Furnace, Quench 
Furnace, Rose Annealing Furnace, Slab Heating Furnaces 1 and 2, and 
Temper Furnace. The commenter cites several documents, including EPA's 
own rulemaking actions and guidance documents, that point to a 30-day 
averaging time for NOX RACT being appropriate for a short-
term NAAQS such as the 8-hour ozone NAAQS as support for disapproving 
the annual limits and the 12-month averaging periods in the 
ArcelorMittal Conshohocken RACT II permit.
    In a second, yet related comment, the same commenter further claims 
that EPA cannot approve the 12-month averaging emission limits for 
sources at ArcelorMittal Conshohocken as ``SIP strengthening'' 
measures. The commenter notes that in EPA's technical support document, 
it has identified these 12-month averaging limits as PADEP RACT limits 
and claims that EPA cannot now avoid disapproving these allegedly 
inadequate annual limits by calling them SIP strengthening measures. 
Additionally, the commenter claims that ``it is possible to place 
shorter term limits, such as 30-day rolling averages'' on the sources 
at ArcelorMittal Conshohocken.
    Response 2: The two comments received regarding EPA's proposed 
approval of the annual limits in PADEP's SIP revision for sources at 
ArcelorMittal Conshohocken's facility specifically refer to the annual 
NOX emission limits included by PADEP in its CbC 
determinations for the five sources listed in the above comment that 
EPA is now approving and incorporating into the Pennsylvania SIP as 
``SIP strengthening'' measures. For context, the NOX 
emission limits being incorporated as SIP strengthening measures for 
four of the five sources (Quench Furnace, Rose Annealing Furnace, Slab 
Heating Furnaces 1 and 2, and Temper Furnace) are existing 
NOX emission limits, which were previously incorporated into 
the Pennsylvania SIP for this facility. The annual NOX 
emission limit being incorporated with this rule action as a SIP 
strengthening measure for the fifth source, the Drever Furnace, is an 
existing permit limitation, which is not currently incorporated into 
the Pennsylvania SIP.
    As required under its SIP-approved RACT CbC process, PADEP 
conducted technical and, if applicable, economic feasibility analyses 
for all five sources at

[[Page 3441]]

ArcelorMittal Conshohocken pursuant to 25 Pa. Code 129.99, which in 
turn references the process outlined in 25 Pa. Code 129.92. In all five 
instances, no new controls were determined to be technically or 
economically feasible for the sources. For all five sources, the RACT 
II determinations EPA is approving include a fuel limitation (in 
thousand cubic feet per hour (Mcf/hr) calculated as a 12-month rolling 
sum); monthly fuel recordkeeping requirements; monthly and 12-month 
rolling sum NOX emissions calculations (using a designated 
emission factor in lb/Mcf fuel used); and a requirement to maintain and 
operate the source in accordance with manufacturer's specifications and 
in accordance with good air pollution practices. In addition, PADEP 
also seeks to include in the SIP annual NOX emission 
limits.\7\
---------------------------------------------------------------------------

    \7\ See PADEP Technical Review Memos, dated October 27, 2016 and 
August 8, 2017 [revised January 18, 2018].
---------------------------------------------------------------------------

    As discussed more fully in response to Comment 1, above of this 
preamble, states may propose additional emission limits to be included 
within its SIP, and EPA may approve such limits for a SIP so long as 
they are no less stringent. EPA views these as SIP strengthening 
measures. They help to ensure that the SIP requires the conditions 
under which PADEP analyzed RACT feasibility. The annual limits PADEP 
included for the five sources at ArcelorMittal Conshohocken derive from 
existing permit limits. Because these limits are being approved as SIP 
strengthening measures, rather than RACT limits, the rulemaking actions 
and guidance documents that commenter points to are irrelevant here.
    The commenter also makes a generalized claim that it is possible to 
limit the subject sources to a term shorter than 12-month averages. 
While the commenter's claim that it is possible to have shorter term 
limits may be correct, a shorter-term limit is not required. PADEP 
chose to utilize existing annual limits established under another 
regulatory authority to add further limits to its RACT determinations. 
As discussed above, the RACT II determinations for the sources at the 
facility include fuel limitations, monthly recordkeeping requirements, 
and a requirement to maintain and operate in accordance with 
manufacturer's specifications.
    PADEP included those annual limits in its SIP submittal to us, and 
EPA is incorporating those annual emission limits into the SIP not as 
RACT control limits but for the purpose of SIP strengthening. As 
described above, the annual limits are an additional requirement 
imposed by PADEP to supplement its CbC RACT determinations. They are 
not less stringent and are enforceable. For these reasons, we consider 
the annual limits to be separate from RACT and will approve them into 
the SIP as strengthening measures.
    Comment 3: One commenter requested disapproval of the Exelon 
Generation Company, LLC Croydon Generating Station RACT determination. 
The commenter asserts that water injection and selective catalytic 
reduction (SCR) for the sources at this facility should have been found 
economically feasible and should have been considered when evaluating 
PADEP's RACT submittal. Further, commenter supports this argument by 
noting that the neighboring states of New Jersey, New York, and 
Maryland have determined these controls feasible at similar cost 
effectiveness values.
    Response 3: For sources at this facility, water injection and SCR 
were found to have, respectively, NOX removal costs of 
$5,696 and $4,423 per ton of NOX controlled. PADEP utilizes 
a cost effectiveness threshold of $3,500 per ton of NOX 
controlled. Therefore, PADEP determined that neither technology was 
cost effective and, therefore, both were eliminated in the analysis as 
economically feasible controls.
    While other states may consider the cost effectiveness values for 
these identified controls reasonable, each state has discretion to 
determine what costs are considered reasonable when establishing RACT 
for sources located within their jurisdictions and must make and defend 
their determination on how to weigh these values in establishing RACT. 
In its RACT II rule development, Pennsylvania also reviewed examples of 
benchmarks used by other states: Wisconsin, $2,500 per ton 
NOX; Illinois, $2,500-$3,000 per ton NOX; 
Maryland, $3,500-$5,000 per ton NOX; Ohio, $5,000 per ton 
NOX; and New York, $5,000-$5,500 per ton NOX.\8\
---------------------------------------------------------------------------

    \8\ PADEP Responses to Frequently Asked Questions, Final 
Rulemaking RACT Requirements for Major Sources of NOX and 
VOCs. October 20, 2016.
---------------------------------------------------------------------------

    In its conditional approval of Pennsylvania's overall RACT II 
program, EPA found that PADEP's cost effectiveness thresholds are 
reasonable and reflect control levels achieved by the application and 
consideration of available control technologies, after considering both 
the economic and technological circumstances of Pennsylvania's own 
sources. See 84 FR 20274, 20286 (May 9, 2019).\9\ For these reasons EPA 
is finalizing the RACT determinations for the Exelon Generation 
Company, LLC Croydon Generating Station.
---------------------------------------------------------------------------

    \9\ See also EPA's October 16, 2020 approval of other PADEP CbC 
SIP revisions for a discussion of PADEP's cost effectiveness 
thresholds. 85 FR 65706, 65711.
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving case-by-case RACT determinations and/or 
alternative NOX emissions limits for 24 sources in 
Pennsylvania, as required to meet obligations pursuant to the 1997 and 
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 
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 alternative NOX emissions 
limits under the 1997 and 2008 8-hour ozone NAAQS for certain major 
sources of VOC and NOX in Pennsylvania. 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.\10\
---------------------------------------------------------------------------

    \10\ 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:

[[Page 3442]]

     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 March 25, 2022. 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 24 facilities for the 1997 and 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: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons set out in the preamble, 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 ``Superior Tube Company''; ``PECO Energy Co.--
Croydon Generating Station''; ``Epsilon Products Co.--Marcus Hook''; 
``Silberline Manufacturing Co''; ``Nova Chemicals, Inc. (formerly Arco 
Chemical Co.--Beaver Valley)''; ``Penreco--Karns City''; ``Bethlehem 
Lukens Plate''; ``GE Transportation Systems''; ``Grinnell 
Corporation''; ``Buck Company Inc''; ``Petrowax Refining''; ``Molded 
Fiber Glass''; ``The International Metals Reclamation Co''; ``Conoco 
Phillips Company''; ``Willamette Industries, Johnsonburgh Mill''; 
``Merisol Antioxidants LLC''; and ``The Carbide/Graphite Group, Inc''; 
and
0
b. Adding entries at the end of the table for ``Anvil International, 
LLC (formerly referenced as Grinnell Corporation)''; ``ArcelorMittal 
Plate LLC Conshohocken Plant (formerly referenced as Bethlehem Lukens 
Plate)''; ``Braskem America Inc. Marcus Hook (formerly referenced as 
Epsilon Products Co.--Marcus Hook)''; ``Buck Co Inc. Quarryville 
(formerly referenced as Buck Company Inc)''; ``Calumet Karns City 
Refining LLC (formerly referenced as Penreco--Karns City)''; ``Clarion 
Bathware Marble''; ``Domtar Paper Company Johnsonburg Mill (formerly 
referenced as Willamette Industries, Johnsonburgh Mill)''; ``Exelon 
Generation Company LLC Croydon Generating Station (formerly referenced 
as PECO Energy Co.--Croydon Generating Station)''; ``Georgia-Pacific 
Panel Products LLC Mt. Jewell MDF Plant''; ``GE Transportation Grove 
City Engine (formerly referenced as GE Transportation Systems)''; 
``GrafTech USA LLC St Marys (formerly referenced as The Carbide/
Graphite Group, Inc)''; ``Haysite Reinforced Plastics LLC Erie''; 
``INMETCO Ellwood City (formerly referenced as The International Metals 
Reclamation Co)''; ``International Waxes Inc Farmers Valley (formerly 
referenced as Petrowax Refining''; ``Jeld Wen Fiber Division PA''; 
``Mars Wrigley Confectionery US LLC Elizabethtown''; ``Molded Fiber 
Glass Company Union City (formerly referenced as Molded Fiber Glass)''; 
``Monroe Energy LLC Trainer (formerly referenced as Conoco Phillips 
Company)''; ``Nova Chemicals Company Beaver (formerly referenced as 
Nova Chemicals, Inc.)''; ``Sasol Chemicals USA LLC (formerly referenced 
as Merisol Antioxidants LLC)''; ``Silberline Manufacturing Company 
Lincoln Drive Plant (formerly referenced as Silberline Manufacturing 
Co)''; ``Superior Tube Company Lower Providence (formerly referenced as 
Superior Tube Company)''; ``Victaulic Company Alburtis Facility''; and 
``Victaulic Forks Facility''.
    The revisions and additions read as follows:


Sec.  52.2020   Identification of plan.

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

[[Page 3443]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Additional
                                                                                                                                      explanations/Sec.
         Name of source                   Permit No.                   County            State effective date    EPA approval date    Sec.   52.2063 and
                                                                                                                                      52.2064 citations
                                                                                                                                             \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Superior Tube Company...........  OP-46-0020................  Montgomery..............  4/17/98...............  11/06/98, 63 FR      See also
                                                                                                                 59884.               52.2064(g)(22).
 
                                                                      * * * * * * *
PECO Energy Co.--Croydon          OP-09-0016A...............  Bucks...................  12/20/96..............  12/15/00, 65 FR      See also
 Generating Station.                                                                                             78418.               52.2064(g)(8).
 
                                                                      * * * * * * *
Epsilon Products Co.--Marcus      OP-23-0012................  Delaware................  2/15/96...............  12/15/00, 65 FR      See also
 Hook.                                                                                                           78418.               52.2064(g)(3).
 
                                                                      * * * * * * *
Silberline Manufacturing Co.....  OP-54-0041................  Schuylkill..............  4/19/99...............  12/15/00, 65 FR      See also
                                                                                                                 78418.               52.2064(g)(21).
 
                                                                      * * * * * * *
Nova Chemicals, Inc. (formerly    (OP)04-000-033............  Beaver..................  4/16/99...............  10/17/01, 66 FR      See also
 Arco Chemical Co.--Beaver                                                              1/24/01...............   52705.               52.2064(g)(19).
 Valley).
 
                                                                      * * * * * * *
Penreco--Karns City.............  OP-10-0027................  Butler..................  5/31/95...............  10/12/01, 66 FR      See also
                                                                                                                 52044.               52.2064(g)(5).
 
                                                                      * * * * * * *
Bethlehem Lukens Plate..........  P-46-0011.................  Montgomery..............  12/11/98..............  10/30/01, 66 FR      See also
                                                                                                                 54691.               52.2064(g)(2).
 
                                                                      * * * * * * *
GE Transportation Systems.......  OP-43-196.................  Mercer..................  5/16/01...............  3/31/05, 70 FR       See also
                                                                                                                 16416.               52.2064(g)(10).
 
                                                                      * * * * * * *
Grinnell Corporation............  36-2019...................  Lancaster...............  6/30/95...............  3/31/05, 70 FR       See also
                                                                                                                 16420.               52.2064(g)(1).
Buck Company Inc................  36-2035...................  Lancaster...............  8/1/95................  3/31/05, 70 FR       See also
                                                                                                                 16420.               52.2064(g)(4).
 
                                                                      * * * * * * *
Petrowax Refining...............  OP-42-110.................  McKean..................  3/4/96, 5/31/96.......  3/31/05, 70 FR       See also
                                                                                                                 16423.               52.2064(g)(14).
 
                                                                      * * * * * * *
Molded Fiber Glass..............  OP-25-035.................  Erie....................  7/30/99...............  11/1/05, 70 FR       See also
                                                                                                                 65842.               52.2064(g)(17).
 
                                                                      * * * * * * *
The International Metals          OP-37-243.................  Lawrence................  8/9/00................  3/31/06, 71 FR       See also
 Reclamation Co.                                                                                                 16235.               52.2064(g)(13).
 
                                                                      * * * * * * *
Conoco Phillips Company.........  OP-23-0003................  Delaware................  4/29/04...............  6/13/06, 71 FR       See also
                                                                                                                 34011.               52.2064(g)(18).
 
                                                                      * * * * * * *
Willamette Industries,            OP-24-009.................  Elk.....................  5/23/95...............  6/13/06, 71 FR       See also
 Johnsonburgh Mill.                                                                                              34011.               52.2064(g)(7).
 
                                                                      * * * * * * *
Merisol Antioxidants LLC........  OP-61-00011...............  Venango.................  4/18/05...............  6/14/06, 71 FR       See also
                                                                                                                 34259.               52.2064(g)(20).
 
                                                                      * * * * * * *
The Carbide/Graphite Group, Inc.  OP-24-012.................  Elk.....................  5/12/95...............  7/11/06, 71 FR       See also
                                                                                                                 38993.               52.2064(g)(11).
 
                                                                      * * * * * * *
Anvil International, LLC          36-05019..................  Lancaster...............  2/1/19................  1/24/22, [insert     52.2064(g)(1).
 (formerly referenced as                                                                                         Federal Register
 Grinnell Corporation).                                                                                          citation].
ArcelorMittal Plate LLC           46-00011..................  Montgomery..............  1/26/18...............  1/24/22, [insert     52.2064(g)(2).
 Conshohocken Plant (formerly                                                                                    Federal Register
 referenced as Bethlehem Lukens                                                                                  citation].
 Plate).
Braskem America Inc. Marcus Hook  23-00012..................  Delaware................  3/2/20................  1/24/22, [insert     52.2064(g)(3).
 (formerly referenced as Epsilon                                                                                 Federal Register
 Products Co.--Marcus Hook).                                                                                     citation].

[[Page 3444]]

 
Buck Co Inc. Quarryville          36-05053..................  Lancaster...............  4/1/2020..............  1/24/22, [insert     52.2064(g)(4).
 (formerly referenced as Buck                                                                                    Federal Register
 Company Inc).                                                                                                   citation].
Calumet Karns City Refining LLC   10-027H...................  Butler..................  11/29/18..............  1/24/22, [insert     52.2064(g)(5).
 (formerly referenced as                                                                                         Federal Register
 Penreco--Karns City).                                                                                           citation].
Clarion Bathware Marble.........  16-00133..................  Clarion.................  12/19/20..............  1/24/22, [insert     52.2064(g)(6).
                                                                                                                 Federal Register
                                                                                                                 citation].
Domtar Paper Company Johnsonburg  24-00009..................  Elk.....................  2/25/2020.............  1/24/22, [insert     52.2064(g)(7).
 Mill (formerly referenced as                                                                                    Federal Register
 Willamette Industries,                                                                                          citation].
 Johnsonburgh Mill).
Exelon Generation Company LLC     09-00016..................  Bucks...................  4/11/18...............  1/24/22, [insert     52.2064(g)(8).
 Croydon Generating Station                                                                                      Federal Register
 (formerly referenced as PECO                                                                                    citation].
 Energy Co.--Croydon Generating
 Station).
Georgia-Pacific Panel Products    42-158R...................  McKean..................  1/2/19................  1/24/22, [insert     52.2064(g)(9).
 LLC Mt. Jewell MDF Plant.                                                                                       Federal Register
                                                                                                                 citation].
GE Transportation Grove City      43-00196..................  Mercer..................  11/7/19...............  1/24/22, [insert     52.2064(g)(10).
 Engine (formerly referenced as                                                                                  Federal Register
 GE Transportation Systems).                                                                                     citation].
GrafTech USA LLC St Marys         43-00196..................  Elk.....................  5/1/19................  1/24/22, [insert     52.2064(g)(11).
 (formerly referenced as The                                                                                     Federal Register
 Carbide/Graphite Group, Inc).                                                                                   citation].
Haysite Reinforced Plastics LLC   25-00783..................  Erie....................  7/24/19...............  1/24/22, [insert     52.2064(g)(12).
 Erie.                                                                                                           Federal Register
                                                                                                                 citation].
INMETCO Ellwood City (formerly    37-00243..................  Lawrence................  12/6/2019.............  1/24/22, [insert     52.2064(g)(13).
 referenced as The International                                                                                 Federal Register
 Metals Reclamation Co).                                                                                         citation].
International Waxes Inc Farmers   42-00011..................  McKean..................  2/21/20...............  1/24/22, [insert     52.2064(g)(14).
 Valley (formerly referenced as                                                                                  Federal Register
 Petrowax Refining).                                                                                             citation].
Jeld Wen Fiber Division PA......  08-0003...................  Bradford................  9/21/18...............  1/24/22, [insert     52.2064(g)(15).
                                                                                                                 Federal Register
                                                                                                                 citation].
Mars Wrigley Confectionery US     36-05142..................  Lancaster...............  7/18/19...............  1/24/22, [insert     52.2064(g)(16).
 LLC Elizabethtown.                                                                                              Federal Register
                                                                                                                 citation].
Molded Fiber Glass Company Union  25-00035..................  Erie....................  2/5/2020..............  1/24/22, [insert     52.2064(g)(17).
 City (formerly referenced as                                                                                    Federal Register
 Molded Fiber Glass).                                                                                            citation].
Monroe Energy LLC Trainer         23-00003..................  Delaware................  6/5/17................  1/24/22, [insert     52.2064(g)(18).
 (formerly referenced as Conoco                                                                                  Federal Register
 Phillips Company).                                                                                              citation].
Nova Chemicals Company Beaver     004-00033.................  Beaver..................  4/2/20................  1/24/22, [insert     52.2064(g)(19).
 (formerly referenced as Nova                                                                                    Federal Register
 Chemicals, Inc.).                                                                                               citation].
Sasol Chemicals USA LLC           61-00011..................  Venango.................  2/16/20...............  1/24/22, [insert     52.2064(g)(20).
 (formerly referenced as Merisol                                                                                 Federal Register
 Antioxidants LLC).                                                                                              citation].
Silberline Manufacturing Company  54-00041..................  Schuylkill..............  3/16/20...............  1/24/22, [insert     52.2064(g)(21).
 Lincoln Drive Plant (formerly                                                                                   Federal Register
 referenced as Silberline                                                                                        citation].
 Manufacturing Co).
Superior Tube Company Lower       46-00020..................  Montgomery..............  2/5/20................  1/24/22, [insert     52.2064(g)(22).
 Providence (formerly referenced                                                                                 Federal Register
 as Superior Tube Company).                                                                                      citation].

[[Page 3445]]

 
Victaulic Company Alburtis        39-00069..................  Lehigh..................  10/24/17..............  1/24/22, [insert     52.2064(g)(23).
 Facility.                                                                                                       Federal Register
                                                                                                                 citation].
Victaulic Forks Facility........  48-0009...................  Northampton.............  10/24/17..............  1/24/22, [insert     52.2064(g)(24).
                                                                                                                 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 (g) 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).

* * * * *
    (g) Approval of source-specific RACT requirements for 1997 and 2008 
8-hour ozone national ambient air quality standards for the facilities 
listed in this paragraph (g) are incorporated as specified. (Rulemaking 
Docket No. EPA-OAR-2021-0380.)
    (1) Anvil International, LLC--Incorporating by reference Permit No. 
36-05019, effective February 1, 2020, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. 36-2019, effective June 
30, 1995, remain as RACT requirements for Sources 501, 502, 503, and 
196. See also Sec.  52.2020(d)(1), for prior RACT approval.
    (2) ArcelorMittal Plate LLC Conshohocken Plant--Incorporating by 
reference Permit No. 46-00011, effective January 26, 2018, as redacted 
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
46-0011, effective December 11, 1998, remain as RACT requirements 
except for Conditions 8 and 9, which are superseded by the new permit. 
See also Sec.  52.2063(c)(185)(i)(B)(2), for prior RACT approval.
    (3) Braskem America Inc. Marcus Hook--Incorporating by reference 
Permit No. 23-00012, effective March 2, 2020, as redacted by 
Pennsylvania. All permit conditions in the prior RACT Permit No. OP-23-
0012, effective February 15, 1996, remain as RACT requirements. See 
also Sec.  52.2063(c)(143)(i)(B)(25), for prior RACT approval.
    (4) Buck Co Inc. Quarryville--Incorporating by reference Permit No. 
36-05053, effective April 1, 2020, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. 36-2035, effective 
August 1, 1995, remain as RACT requirements. See also Sec.  
52.2020(d)(1), for prior RACT approval.
    (5) Calumet Karns City Refining LLC--Incorporating by reference 
Permit No. 10-027H, issued November 29, 2018, as redacted by 
Pennsylvania. All permit conditions in the prior RACT Permit No. 10-
027, issued May 31, 1995 are superseded except for Condition No. 4 for 
Boiler No. 1, which remains as a RACT requirement. See also Sec.  
52.2063(c)(177)(i)(B)(1), for prior RACT approval.
    (6) Clarion Bathware Marble--Incorporating by reference Permit No. 
16-00133, effective February 19, 2020, as redacted by Pennsylvania.
    (7) Domtar Paper Company Johnsonburg Mill--Incorporating by 
reference Permit No. 24-00009, effective February 25, 2020, as redacted 
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
24-009, effective May 23, 1995, remain as RACT requirements. See also 
Sec.  52.2020(d)(1), for prior RACT approval.
    (8) Exelon Generation Company, LLC Croydon Generating Station--
Incorporating by reference Permit No. 09-00016, effective April 11, 
2018, as redacted by Pennsylvania, in addition to the prior RACT Permit 
No. OP-09-0016A, issued December 20, 1996 which also remains as RACT 
requirements except for condition 9.A. See also Sec.  
52.2063(c)(143)(i)(B)(13), for prior RACT approval.
    (9) Georgia-Pacific Panel Products LLC Mount Jewell MDF--
Incorporating by reference Permit No. 42-158R, effective January 2, 
2019, as redacted by Pennsylvania.
    (10) GE Transportation Grove City Engine--Incorporating by 
reference Permit No. 43-00196, effective October 7, 2019, as redacted 
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
43-196, effective May 16, 2001, remain as RACT requirements except for 
Conditions 3 and 9. See also Sec.  52.2020(d)(1), for prior RACT 
approval.
    (11) GrafTech USA LLC St Marys- Incorporating by reference Permit 
No. 24-00012, effective May 1, 2019, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. 24-012, effective May 
12, 1995 remain as RACT requirements. See also Sec.  52.2020(d)(1), for 
prior RACT approval.
    (12) Haysite Reinforced Plastics LLC Erie- Incorporating by 
reference Permit No. 25-00783, effective July 24, 2019, as redacted by 
Pennsylvania.
    (13) INMETCO Ellwood City--Incorporating by reference Permit No. 
37-00243, effective December 6, 2019, as redacted by Pennsylvania, 
which supersedes the prior RACT I Permit No. OP-37-243, effective 
August 9, 2000, except for Condition 5 (but only to the extent 
Condition 5 incorporates the operation and maintenance requirements of 
Condition 6 of OP-37-243, effective September 1, 1995, for the 
furnaces), which remains as a RACT requirement. See also Sec.  
52.2020(d)(1), for prior RACT approval.
    (14) International Waxes Inc Farmers Valley--Incorporating by 
reference Permit No.42-00011, effective February 21, 2020, as redacted 
by Pennsylvania, which supersedes the prior RACT Permit No. OP-42-110, 
effective March 4, 1996, except for Conditions 8 and 9, which remain as 
RACT requirements. See also Sec.  52.2020(d)(1), for prior RACT 
approval.
    (15) Jeld Wen Fiber Division PA--Incorporating by reference Permit 
No. 08-00003, effective September 21, 2018, as redacted by 
Pennsylvania.
    (16) Mars Wrigley Confectionery US LLC Elizabethtown--Incorporating 
by reference Permit No. 36-05142, effective July 18, 2019, as redacted 
by Pennsylvania.
    (17) Molded Fiber Glass Co Union City--Incorporating by reference 
Permit No. 25-00035, effective February 5, 2020, as redacted by 
Pennsylvania. All permit conditions in the prior RACT Permit No. OP-25-
035, effective July 30, 1999, remain as RACT requirements. See also 
Sec.  52.2020(d)(1), for prior RACT approval.
    (18) Monroe Energy LLC Trainer--Incorporating by reference Permit 
No. 23-00003, effective June 5, 2017, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. 23-0003, effective April 
29, 2004, remain as RACT requirements. See also Sec.  52.2020(d)(1), 
for prior RACT approval.

[[Page 3446]]

    (19) Nova Chemicals Company Beaver--Incorporating by reference 
Permit No. 04-00033, issued April 2, 2020, as redacted by PADEP, which 
supersedes prior RACT Permit No. 04-000333, issued April 16, 1999 and 
reissued January 24, 2001. See also Sec.  52.2063(c)(173)(i)(B)(4), for 
prior RACT approval.
    (20) Sasol Chemicals USA LLC--Incorporating by reference Permit No. 
61-00011, effective February 16, 2020, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. 61-011, effective April 
18, 2005, remain as RACT requirements, except for the bypass limitation 
in Condition 12 (applicable to Source 107, 314/340 Distillation 
Columns), which is superseded by the new permit. See also Sec.  
52.2020(d)(1), for prior RACT approval.
    (21) Silberline Manufacturing Company Lincoln Drive Plant- 
Incorporating by reference Permit No. 54-00041, effective March 16, 
2020, as redacted by Pennsylvania. All permit conditions in the prior 
RACT Permit No. 54-0041, effective April 19, 1999, remain as RACT 
requirements. See also Sec.  52.2063(c)(143)(i)(B)(44), for prior RACT 
approval.
    (22) Superior Tube Company Lower Providence--Incorporating by 
reference Permit No. 46-00020, effective February 5, 2020, as redacted 
by Pennsylvania, which supersedes the prior RACT I Permit No OP-46-
0020, effective April 17, 1998, except for the facility-wide 
NOX emissions limit found in Condition 4 and Conditions 5, 
10, 11, 13, 14, and 15, which remain as RACT requirements. See also 
Sec.  52.2063(c)(136)(i)(B)(13), for prior RACT approval.
    (23) Victaulic Company Alburtis Facility--Incorporating by 
reference Permit No. 39-00069, effective October 24, 2017, as redacted 
by Pennsylvania.
    (24) Victaulic Forks Facility--Incorporating by reference Permit 
No. 48-00009, effective October 24, 2017, as redacted by Pennsylvania.

[FR Doc. 2021-27231 Filed 1-21-22; 8:45 am]
BILLING CODE 6560-50-P
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