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, 3666-3673 [2021-27232]
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(3) EPA APPROVED MECKLENBURG COUNTY REGULATIONS—Continued
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Nitrogen Oxide Testing Methods.
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[FR Doc. 2022–01302 Filed 1–24–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0217; FRL–9290–02–
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.
AGENCY:
The Environmental Protection
Agency (EPA) is approving multiple
state implementation plan (SIP)
revisions submitted by the
Commonwealth of Pennsylvania. These
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
14 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 14 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
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SUMMARY:
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EPA approval date
6/1/2008
6/1/2008
6/1/2008
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
1/25/2022, [Insert
publication].
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citation of
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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 24, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–EPA–R03–OAR–2021–
0217. 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: Ms.
Gwendolyn Supplee, Permits Branch
(3AD10), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2763.
Ms. Supplee can also be reached via
electronic mail at supplee.gwendolyn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 2, 2021, EPA published a
notice of proposed rulemaking (NPRM).
86 FR 41421. In the NPRM, EPA
proposed approval of case-by-case
RACT determinations or alternative
NOX emissions limits for sources 14
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. PADEP
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submitted the SIP revisions for sources
at these facilities on May 7, 2020.
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
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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
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 that 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 not 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 14 major
NOX and/or VOC emitting facilities in
Pennsylvania, as summarized in Table 1
in this document.
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TABLE 1—FOURTEEN 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)
Dart Container Corporation of Pennsylvania—East
Lampeter (Lancaster).
Dart Container Corporation of Pennsylvania—Leola
(Lancaster).
Latrobe Specialty Metals—A Carpenter Co (Westmoreland).
ATI Flat Rolled Products Holdings, LLC (Westmoreland).
CONSOL Pennsylvania Coal Company, LLC
(Greene).
IPSCO
Koppel
Tubular
Corporation—IPSCO
Ambridge (Beaver).
IPSCO Koppel Tubular Corporation—IPSCO Koppel
(Beaver).
MarkWest Liberty Bluestone Plant (Butler) ..................
York Group Inc.—Black Bridge Rd (York) ...................
Omnova Solutions Inc—Jeannette Plant (Westmoreland).
Jessop Steel LLC—Washington Plant (Washington) ..
Kawneer Commercial Windows LLC (Butler) ..............
Tennessee Gas Pipeline Co., LLC, Marienville STA
307 (Forest).
Mack Truck—Macungie (Lehigh) .................................
Yes ...................................
VOC .................................
36–05117 (10/15/2020)
Yes ...................................
NOX and VOC ..................
36–05015 (03/30/2020)
Yes ...................................
NOX ..................................
65–00016 (02/26/2020)
Yes ...................................
NOX ..................................
65–00137
Yes ...................................
VOC .................................
30–00072L
No .....................................
NOX ..................................
04–00227
Yes ...................................
NOX and VOC ..................
04–00059 (03/16/2020)
No .....................................
Yes ...................................
Yes ...................................
VOC .................................
VOC .................................
VOC .................................
10–00368
67–05014C
65–00207 (02/06/2020)
Yes ...................................
Yes ...................................
Yes ...................................
NOX ..................................
VOC .................................
NOX and VOC ..................
63–00027 (03/11/2020)
10–00267 (03/04/2020)
27–015A (12/07/2018)
Yes ...................................
NOX and VOC ..................
39–00004 (04/03/2020)
1 The RACT I Rule was approved by EPA into the
Pennsylvania SIP on March 23, 1998. 63 FR 13789.
Through this rule, certain source-specific RACT I
requirements will be superseded by more stringent
requirements. See Section II of the preamble to this
final rule.
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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.
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RACT II permit
(effective date)
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.
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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–2021–0217.4 EPA is
incorporating by reference in the
Pennsylvania SIP, via the RACT II
permits, source-specific RACT
emissions limits and control measures
and 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 14
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
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.
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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 revisions should not
interfere with any applicable
requirements concerning attainment of
the NAAQS, reasonable further
progress, or other applicable
requirements under section 110(l) of the
CAA.
Other specific requirements of the
1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations and
alternative NOX emissions limits and
the rationale for EPA’s 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 three comments from
three commenters on the August 2, 2021
NPRM. 86 FR 41421. A summary of the
comments and EPA’s response are
discussed in this section. A copy of the
comments can be found in the docket
for this rule action.
Comment 1: The commenter claims
that for the Mack Truck—Macungie
facility to meet RACT II requirements,
an economic and technical feasibility
analysis must be conducted. The
commenter identifies that such an
analysis was not performed for sources
at this facility and also appears to claim
that compliance with CTGs is
insufficient to meet RACT requirements.
Therefore, the commenter states that
EPA must require a technical and
economic feasibility analysis for the
sources at Mack Truck before RACT can
be approved for this facility.
Response 1: Pennsylvania’s RACT II
regulations allow a source to meet
RACT II requirements by complying
with presumptive RACT requirements
under 25 Pa. Code 129.97, with CTGs
under 25 Pa. Code 129.96(a) and (b),
NOX averaging under 25 Pa. Code
129.98, or with a case-by-case limit in
accordance with 25 Pa. Code 129.99. A
technical and economic feasibility
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analysis is only required as part of the
case-by-case limit development process
required in section 129.99.
All of the sources at this facility are
required to meet either a CTG under 25
Pa. Code 129.52d or presumptive
requirements under 25 Pa. Code
129.97(c). Since all the sources at Mack
Truck are meeting either presumptive or
CTG requirements, a case-by-case
analysis is not required.
The commenter’s specific concern
appears to arise from EPA’s TSD where
EPA, in discussing the regulatory status
of the ‘‘G’’ Line (Source IDs 108 and
109) and the Final Spray Booth and
Oven (Source IDs 114 and 116),
identified that the typical technical and
economic feasibility analysis was not
conducted for these sources. However,
EPA, in that document, also
acknowledged that such an analysis was
not required for these sources because
they are now regulated under a CTG at
section 129.52d. Nevertheless, since
these sources were subject to previously
SIP-approved RACT I requirements,
PADEP had to ensure, pursuant to CAA
section 110(l), that the new CTG
requirements were at least as stringent
as the prior RACT I requirements.
Through an additional, source-specific
analysis, PADEP determined that the
newly established throughput limits for
Source IDs 108 and 109, combined with
compliance with the CTG’s solvent
content restrictions at 25 Pa. Code
129.52d, ensured that the RACT II limits
were more stringent than the RACT I
requirements. In order to ensure that
stringency, PADEP added the newly
established throughput limits to its
RACT II requirements for these sources.
For Source IDs 114 and 116, PADEP’s
110(l) analysis led it to retain the
existing RACT I requirements.
Accordingly, PADEP was not
performing a case-by-case determination
for these sources under section 129.99,
and a technical and economic feasibility
analysis was not required. For these
reasons, PADEP’s SIP revision for the
sources at Mack Truck meets RACT
requirements and is approvable.
Comment 2: In the first part of the
comment, the commenter states that the
TSD for Tennessee Gas Pipeline Co.,
LLC, Marienville STA 307 is confusing
and appears to be missing information
for Source ID 135. More specifically, the
commenter points to a listing of RACT
requirements within that section that
begins with Item #7 rather than Item #1.
The second portion of the comment
includes a claim that PADEP’s
conclusion was based only on a
technical feasibility analysis and should
have included an economic feasibility
analysis as well. For these reasons, the
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commenter asserts that EPA must either
reject or repropose the SIP revision for
Source 135.
Response 2: With respect to the first
part of the comment, the commenter
correctly identifies that the numbering
of the list of RACT requirements for
Source ID 135 (Engine A5C 3500 HP
Pipeline Compressor Engine
(Worthington ML–12)) contained in
PADEP’s Conclusions section of the
TSD is misleading. There is an error in
the numbering. It begins with Item #7
rather than Item #1. However, the
information in the listing is accurate
and complete. It summarizes all of the
RACT requirements being imposed on
Source ID 135. These RACT
requirements are also included in
PADEP’s Technical Review Memo of
RACT II Proposal and Plan Approval
and the Redacted Plan Approval, which
are both part of the docket for this rule.5
The commenter also claims that this
listing is confusing because it is set forth
without explanation or description.
However, the commenter is incorrect on
this point. PADEP’s Conclusions section
of the TSD specifically begins: ‘‘In
accordance with 25 Pa. Code 129.99,
PADEP has determined RACT for the
following source as follows, based on
the technical feasibility analysis
performed:’’ It then contains a narrative
description of the RACT I and II
requirements for Source 135 followed
by the listing in question. While the
misnumbering in the listing of RACT II
requirements may have been somewhat
confusing, EPA considers it an
inadvertent error. As the information in
the TSD and the docket was complete
and accurate, EPA believes the
information about PADEP’s RACT II
determination for Source ID 135 was
available for review by the public and
that there is no need to repropose the
SIP revision for Tennessee Gas Pipeline
Co., LLC, Marienville STA 307
(Marienville STA 307).
With respect to the second part of the
comment, EPA continues to find that
PADEP’s CbC RACT determination for
Source ID 135 is reasonable given the
results of its feasibility analysis.
Through the CbC analysis, PADEP
identified two potential control
technologies for use at this source.
Selective catalytic reduction (SCR) was
determined to be technically infeasible.
However, the second technology, low
emission combustion (LEC), was found
to be technically feasible. The
commenter is correct in identifying that
PADEP did not conduct an economic
feasibility analysis of this technology.
5 See
Final CBC RACT Submittal Letter 1, which
is part of the docket of this rule.
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Normally, an economic feasibility
analysis would be required at this stage,
but it was not required under the
circumstances for this source. Because
the company decided to install the LEC
technology and PADEP imposed it as a
RACT requirement, there was no need
to conduct a separate analysis on
economic feasibility. For these reasons,
PADEP’s SIP revision for Source 135 (at
Marienville STA 307) meets RACT
requirements and is approvable.
Comment 3: The commenter states
that EPA should not approve any of
these permits because commenter
claims that the RACT CbC
determinations are not achieving any
real reductions from these sources. The
commenter estimates that only two of
the 14 sources in this rule required
either emission reductions and/or the
installation of new control technologies.
The commenter requests that EPA take
another look at the sources to determine
whether existing controls could be
tightened or new controls be installed.
Response 3: As described in the
proposed rulemaking, Pennsylvania was
required through implementation of the
1997 and 2008 8-hour ozone NAAQS to
determine RACT II requirements for
major NOX and VOC emitting sources
within the Commonwealth. PADEP had
previously established CbC RACT
requirements under the 1979 1-hour
ozone NAAQS (RACT).6 PADEP
finalized its overall RACT II program,
and it was conditionally approved by
EPA.7 As required by Pennsylvania’s
RACT II regulations, PADEP conducted,
for sources seeking a CbC
determination, an analysis examining
what air pollution controls were
available for those individual sources to
determine the lowest emissions limit
that a particular source is capable of
meeting by the application of control
technology that is reasonably available
considering technologically and
economic feasibility.8
As described in its technical review
memoranda and related documents,
which are part of the docket for this
rule, PADEP evaluated the technical
and/or economic feasibility of various
control equipment for the individual
sources at the facilities included in this
rule and used these evaluations to
determine the RACT II requirements.
These determinations may or may not
have resulted in additional emission
6 40
CFR 52.2020(d)(1).
FR 20274 (May 9, 2019).
8 See December 9, 1976 memorandum from Roger
Strelow, Assistant Administrator for Air and Waste
Management, to Regional Administrators,
‘‘Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas,’’ and 44 FR
53762 (September 17, 1979).
7 84
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3669
reductions and/or installation of new
control technologies depending on the
outcome of the analyses, which were
based on the specific nature of each
individual source. For facilities subject
to RACT I, PADEP also considered the
prior RACT I requirements as
appropriate to ensure that the RACT II
requirements were as stringent as any
previously established standards. In
circumstances where the RACT I
requirements were more stringent, they
were retained and remain effective.
EPA recognizes that PADEP’s CbC
determinations at times resulted in only
a continuation of RACT I requirements,
but these determinations were made
after a thorough review of the available
control technology as demonstrated by
the detailed record, which is part of the
docket for this rule, submitted by
PADEP to support its SIP revisions. The
commenter’s estimate of how often
PADEP reduced an emission limit or
required the installation of new
technology is also misleading. Even
when PADEP’s CbC determination did
not result in a more stringent emission
limit or a new technology, PADEP
sometimes imposed other measures that
should lead to reduced emissions (e.g.,
more specific operating requirements at
the melt shops at IPSCO Koppel Tubular
Corporation and the revised VOC
control system for the spray booths at
the York Group, Inc).9 EPA continues to
conclude that PADEP’s CbC
determinations reasonably evaluated the
technical and economic feasibility of
potential controls for the sources
included in this rule as required by the
RACT II requirements and are
approvable.
IV. Final Action
EPA is approving case-by-case RACT
determinations and/or alternative NOX
emissions limits for 14 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
9 See Chapters 7 and 9 of EPA’s Technical
Support Document, dated June 2, 2021, which is
part of the docket for this rule.
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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
khammond on DSKJM1Z7X2PROD with RULES
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
10 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
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Jkt 256001
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 28, 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
14 facilities for the 1997 and 2008 8hour ozone NAAQS may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 ‘‘Consol
Pennsylvania Coal Company—Bailey
Prep Plant’’; ‘‘Latrobe Steel Company—
Latrobe’’; ‘‘(Allegheny Ludlum
Corporation) Jessop Steel Company—
Washington Plant’’; ‘‘Koppel Steel
Corporation—Koppel Plant’’; ‘‘Three
Rivers Aluminum Company (TRACO)’’;
‘‘GenCorp (Plastic Films Division)—
Jeannette Plant’’; ‘‘Koppel Steel
Corporation—Ambridge Plant’’;
‘‘Allegheny Ludlum Steel Corporation’’;
‘‘Mack Trucks, Inc’’; ‘‘Tennessee Gas
Pipeline Company—Howe Township’’;
‘‘York Group, Inc’’; and ‘‘Dart Container
Corporation’’.
■ b. Adding the following entries at the
end of the table: ‘‘CONSOL PA Coal CO
LLC Bailey Prep Plt (formerly referenced
as Consol Pennsylvania Coal
Company—Bailey Prep Plant)’’;
‘‘Latrobe Specialty Metals—A Carpenter
Co (formerly referenced as Latrobe Steel
Company—Latrobe)’’; ‘‘Jessop Steel
LLC—Washington Plant [formerly
referenced as (Allegheny Ludlum
Corporation) Jessop Steel Company—
Washington Plant]’’; ‘‘IPSCO Koppel
Tubulars LLC—Koppel Plt (formerly
referenced as Koppel Steel
Corporation—Koppel Plant)’’; ‘‘Kawneer
Commercial Windows LLC—Cranberry
Twp [formerly referenced as Three
Rivers Aluminum Company (TRACO)]’’;
‘‘Omnova Solutions Inc—Jeannette
Plant [formerly referenced as GenCorp
(Plastic Films Division)—Jeannette
Plant]’’; ‘‘IPSCO Koppel Tubulars LLC—
Ambridge (formerly referenced as
Koppel Steel Corporation—Ambridge
Plant)’’; ‘‘ATI Flat Rolled Products
Holdings LLC—Vandergrift (formerly
■
E:\FR\FM\25JAR1.SGM
25JAR1
3671
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
referenced as Allegheny Ludlum Steel
Corporation)’’; ‘‘Mack Trucks, Inc.—
Macungie (formerly referenced as Mack
Trucks Inc.)’’; ‘‘Tennessee Gas Pipeline
Co., LLC, Marienville STA 307 (formerly
referenced as Tennessee Gas Pipeline
khammond on DSKJM1Z7X2PROD with RULES
Name of source
Company—Howe Township)’’; ‘‘York
Group Inc.—Black Bridge Rd’’; ‘‘Dart
Container Corporation—Leola’’; ‘‘Dart
Container Corporation—East Lampeter’’;
and ‘‘MarkWest Liberty Bluestone
Plant’’.
Permit No.
State
effective
date
County
The revisions and additions read as
follows:
§ 52.2020
*
Identification of plan.
*
*
(d) * * *
(1) * * *
*
EPA approval date
Additional explanations/
§§ 52.2063 and 52.2064
citations 1
*
*
*
Consol Pennsylvania Coal
OP–30–000–072 ....
Company—Bailey Prep Plant.
*
Greene ....................
3/23/1999
*
*
Latrobe Steel Company—Latrobe.
*
OP–65–000–016 ....
*
Westmoreland ........
12/22/1995
*
(Allegheny Ludlum Corporation) Jessop Steel Company—Washington Plant.
Koppel Steel Corporation—
Koppel Plant.
*
(OP)63–000–027 ....
*
Washington .............
3/26/1999
10/16/01, 66 FR
52522.
(OP)04–000–059 ....
Beaver ....................
3/23/2001
10/16/01, 66 FR
52522.
*
*
Three Rivers Aluminum Company (TRACO).
*
OP–10–267 ............
*
Butler ......................
3/1/2001
*
*
GenCorp (Plastic Films Division)—Jeannette Plant.
*
(OP)65–000–207 ....
*
Westmoreland ........
1/4/1996
*
Koppel Steel Corporation—
Ambridge Plant.
*
OP–04–000–227 ....
*
Beaver ....................
10/12/2000
*
*
Allegheny Ludlum Steel Corporation.
*
(OP–)65–000–137 ..
*
Westmoreland ........
5/17/1999
*
*
Mack Trucks, Inc .....................
*
OP–39–0004 ..........
*
Northampton ...........
5/31/1995
*
*
Tennessee Gas Pipeline Company—Howe Township.
*
OP–27–015 ............
*
Forest .....................
7/27/2000
*
*
York Group, Inc .......................
*
OP–67–2014 ..........
*
York ........................
7/3/1995
*
*
Dart Container Corporation .....
*
OP–36–2015 ..........
*
Lancaster ................
8/31/1995
*
*
CONSOL PA Coal CO LLC
Bailey Prep Plt (formerly referenced as Consol Pennsylvania Coal Company—Bailey Prep Plant).
Latrobe Specialty Metals—A
Carpenter Co (formerly referenced as Latrobe Steel
Company—Latrobe).
Jessop Steel LLC—Washington Plant [formerly referenced as (Allegheny
Ludlum Corporation) Jessop
Steel Company—Washington Plant].
*
30–00072L ..............
*
Greene ....................
3/12/2020
65–00016 ................
Westmoreland ........
02/26/2020
1/25/2022, [insert
Federal Register
citation].
52.2064(h)(2).
63–00027 ................
Westmoreland ........
03/11/2020
1/25/2022, [insert
Federal Register
citation].
52.2064(h)(3).
VerDate Sep<11>2014
*
*
17:40 Jan 24, 2022
Jkt 256001
PO 00000
Frm 00029
Fmt 4700
*
*
*
*
See also 52.2064(h)(1).
*
*
See also 52.2064(h)(2).
*
*
See also 52.2064(h)(3).
10/16/01, 66 FR
52517.
*
*
See also 52.2064(h)(4).
*
*
See also 52.2064(h)(5).
*
*
See also 52.2064(h)(6).
*
*
See also 52.2064(h)(7).
*
*
See also 52.2064(h)(8).
*
*
See also 52.2064(h)(9).
*
*
See also 52.2064(h)(10).
*
*
See also 52.2064(h)(11).
*
*
6/8/07, 72 FR 31749
*
See also 52.2064(h)(12).
*
*
1/25/2022, [insert
Federal Register
citation].
10/17/01, 66 FR
52695.
*
10/15/01, 66 FR
52322.
*
10/15/01, 66 FR
52317.
*
10/19/01, 66 FR
53090.
*
10/17/03, 68 FR
59741.
*
3/30/05, 70 FR
16118.
*
Sfmt 4700
*
08/6/01, 66 FR
40891.
3/31/05, 70 FR
16416.
E:\FR\FM\25JAR1.SGM
25JAR1
*
52.2064(h)(1).
3672
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
EPA approval date
Additional explanations/
§§ 52.2063 and 52.2064
citations 1
Permit No.
County
IPSCO Koppel Tubulars LLC—
Koppel Plt (formerly referenced as Koppel Steel
Corporation—Koppel Plant).
Kawneer Commercial Windows
LLC—Cranberry Twp [formerly referenced as Three
Rivers Aluminum Company
(TRACO)].
Omnova Solutions Inc—
Jeannette Plant [formerly referenced as GenCorp (Plastic
Films Division)—Jeannette
Plant].
IPSCO Koppel Tubulars LLC—
Ambridge (formerly referenced as Koppel Steel
Corporation—Ambridge
Plant).
ATI Flat Rolled Products Holdings LLC—Vandergrift (formerly referenced as Allegheny Ludlum Steel Corporation).
Mack Trucks, Inc.—Macungie
(formerly referenced as
Mack Trucks Inc.).
Tennessee Gas Pipeline Co.,
LLC, Marienville STA 307
(formerly referenced as Tennessee Gas Pipeline Company—Howe Township).
York Group Inc.—Black Bridge
Rd.
04–00059 ................
Beaver ....................
3/16/2020
1/25/2022, [insert
Federal Register
citation].
52.2064(h)(4).
10–00267 ................
Butler ......................
3/04/2020
1/25/2022, [insert
Federal Register
citation].
52.2064(h)(5).
65–00207 ................
Westmoreland ........
2/06/2020
1/25/2022, [insert
Federal Register
citation].
52.2064(h)(6).
04–00227 ................
Beaver ....................
3/26/2020
1/25/2022, [insert
Federal Register
citation].
52.2064(h)(7).
65–00137 ................
Westmoreland ........
3/11/2020
1/25/2022, [insert
Federal Register
citation].
52.2064(h)(8).
39–00004 ................
Lehigh .....................
4/03/2020
52.2064(h)(9).
27–015A .................
Forest .....................
12/07/2018
1/25/2022, [insert
Federal Register
citation].
1/25/2022, [insert
Federal Register
citation].
67–05014C .............
York ........................
3/04/2020
52.2064(h)(11).
Dart Container Corporation—
Leola.
36–05015 ................
Lancaster ................
3/30/2020
Dart Container Corporation—
East Lampeter.
36–05117 ................
Lancaster ................
10/15/2020
MarkWest Liberty Bluestone
Plant.
10–00368 ................
Butler ......................
2/20/2020
1/25/2022, [insert
Federal Register
citation].
1/25/2022, [insert
Federal Register
citation].
1/25/2022, [insert
Federal Register
citation].
1/25/2022, [insert
Federal Register
citation].
1 The
52.2064(h)(10).
52.2064(h)(12).
52.2064(h)(13).
52.2064(h)(14).
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 (h) 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).
*
khammond on DSKJM1Z7X2PROD with RULES
State
effective
date
Name of source
*
*
*
*
(h) 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 (h) are incorporated as
specified. (Rulemaking Docket No.
EPA–R03–OAR–2021–0217.)
(1) CONSOL PA Coal CO LLC Bailey
Prep Plt—Incorporating by reference
Permit No. PA–30–00072L, issued
March 12, 2020, as redacted by
Pennsylvania, which supersedes the
prior RACT permit OP–30–000–072,
VerDate Sep<11>2014
17:40 Jan 24, 2022
Jkt 256001
issued March 23, 1999. See also
§ 52.2063(c)(149)(i)(B)(8) for prior RACT
approval.
(2) Latrobe Specialty Metals—A
Carpenter Co—Incorporating by
reference Permit No. 65–00016, issued
February 26, 2020, as redacted by
Pennsylvania, which supersedes the
prior RACT Permit No. 65–000–016,
issued December 22, 1995. See also
§ 52.2063(c)(158)(i)(B) for prior RACT
approval.
(3) Jessop Steel LLC—Washington
Plant—Incorporating by reference
Permit 63–00027 issued on March 11,
2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT
Permit No. 63–00027, effective October
31, 2001, remain as RACT requirements
except for conditions 5 and 6, which are
being superseded. See also
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
§ 52.2063(c)(163)(i)(B)(3) for prior RACT
approval.
(4) IPSCO Koppel Tubulars LLC—
Koppel Plt—Incorporating by reference
Permit No. 04–00059, issued March 16,
2020, as redacted by Pennsylvania,
which supersedes the prior RACT
permit no. 04–000–059, issued March
23, 2001. See also § 52.2063(c)(163)(i)(D)
for prior RACT approval.
(5) Kawneer Commercial Windows
LLC—Cranberry Twp—Incorporating by
reference Permit #10–00267 issued on
September 14, 2015, as amended on
March 4, 2020. The RACT I
requirements contained in TRACO
Operating Permit No. 10–267, issued on
March 1, 2001, remain in effect. See also
§ 52.2063(c)(170)(i)(B)(7) for prior RACT
approval.
(6) Omnova Solutions Inc—Jeannette
Plant—Incorporating by reference
E:\FR\FM\25JAR1.SGM
25JAR1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
Permit No. OP–65–000–207, issued
February 6, 2020, as redacted by
Pennsylvania. All permit requirements
of the prior RACT Permit No. OP–65–
000–207, effective January 4, 1996,
remain as RACT requirements except for
conditions 5, 6, 7 (mislabeled as
condition 5) 8 (mislabeled as condition
6), and 9 (mislabeled as condition 7),
which are being superseded. See also
§ 52.2063(c)(171)(i)(B) for prior RACT
approval.
(7) IPSCO Koppel Tubulars LLC—
Ambridge Incorporating by reference
Permit No. 04–00227, issued March 26,
2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT
Permit No. PA 04–000–227 issued on
October 12, 2000, remain as RACT
requirements. See also
§ 52.2063(c)(180)(i)(B) for prior RACT
approval.
(8) ATI Flat Rolled Products Holdings
LLC—Vandergrift—Incorporating by
reference Permit No. 65–00137, issued
March 11, 2020, as redacted by
Pennsylvania. All permit conditions in
the prior RACT Permit No. PA 65–000–
137 issued on May 17, 1999, remain as
RACT requirements. See also
§ 52.2063(c)(186)(i)(B)(1) for prior RACT
approval.
(9) Mack Truck—Macungie Title V
Operating permit no. 0039–00004,
issued December 30, 2015, as amended
April 3, 2020, which supersedes
Operating Permit No. 39–0004, issued
on May 31, 1995, except for Conditions
(4), (7) (C)2 through 9, (7) (E)4 through
9, and (8)(a). See also
§ 52.2063(c)(207)(i)(B)(1) for prior RACT
approval.
(10) Tennessee Gas Pipeline Co., LLC,
Marienville STA 307—Incorporating by
reference Permit No. 27–015A, issued
December 7, 2018, as redacted by
Pennsylvania. All permit conditions in
the prior RACT Permit No. PA 27–015
issued on July 27, 2000, are superseded
by RACT II requirements except for
Source ID 136. For Source ID 136, the
presumptive RACT II limit is less
stringent than the RACT I limit;
therefore, the RACT I limit has been
retained for Source ID 136. See also
§ 52.2020(d)(1) for prior RACT approval.
(11) York Group Inc.—Black Bridge
Rd.—Incorporating by reference Permit
No. 67–05014C, issued March 4, 2020,
as redacted by Pennsylvania, which
supersedes the prior RACT permit no.
67–2014, issued July 5, 1995, See also
§ 52.2020(d)(1) for prior RACT approval.
(12) Dart Container Corporation—
Leola—Incorporating by reference
Permit No. 36–05015, issued March 30,
2020,as redacted by Pennsylvania.
Requirements of the prior RACT Permit
No. OP–36–2015, effective August 31,
VerDate Sep<11>2014
15:49 Jan 24, 2022
Jkt 256001
1995, remain as RACT requirements
except for permit condition 7 for the
flexographic presses, which are no
longer in operation. See also
§ 52.2020(d)(1) for prior RACT approval.
(13) Dart Container Corporation—East
Lampeter—Incorporating by reference
Permit No. 36–05117, effective March 3,
2020, as redacted by Pennsylvania.
(14) MarkWest Liberty Bluestone–
Incorporating by reference Permit No.
10–00368, issued February 20, 2020, as
redacted by Pennsylvania.
[FR Doc. 2021–27232 Filed 1–24–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0677; FRL–9276–02–
R4]
Air Plan Approval; South Carolina;
Catawba Indian Nation Portion of the
Charlotte-Gastonia-Rock Hill Area
Limited Maintenance Plan for the 1997
8-Hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to a
approve state implementation plan (SIP)
revision submitted by the State of South
Carolina, through the Department of
Health and Environmental Control
(DHEC), via a letter dated July 7, 2020.
The SIP revision includes the 1997 8hour ozone national ambient air quality
standards (NAAQS) Limited
Maintenance Plan (LMP) for the
Catawba Indian Nation portion
(hereinafter referred to as the Catawba
Area) of the Charlotte-Gastonia-Rock
Hill NC-SC 1997 8-hour ozone
maintenance area (hereinafter referred
to as the Charlotte NC-SC 1997 8-hour
NAAQS Area). The Charlotte NC-SC
1997 8-hour NAAQS Area is comprised
of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union, and a
portion of Iredell County (i.e., Davidson
and Coddle Creek Townships) in North
Carolina and a portion of York County,
South Carolina, which includes the
Catawba Area. EPA is finalizing
approval of the Catawba Area LMP
because it provides for the maintenance
of the 1997 8-hour ozone NAAQS
within the Catawba Area through the
end of the second 10-year portion of the
maintenance period. The effect of this
action would be to make certain
commitments related to maintenance of
the 1997 8-hour ozone NAAQS in the
SUMMARY:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
3673
Catawba Area federally enforceable as
part of the South Carolina SIP.
DATES: This rule is effective February
24, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0677. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9029. Ms. Spann can also be
reached via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act
(CAA or Act), EPA is approving the
Catawba Area LMP for the 1997 8-hour
ozone NAAQS, adopted by DHEC on
July 7, 2020, and submitted by DHEC as
a revision to the South Carolina SIP
under a letter dated July 7, 2020.1 In
2004, the Charlotte NC-SC 1997 8-hour
NAAQS Area, which includes the
Catawba Area, was designated as
nonattainment for the 1997 8-hour
ozone NAAQS. Subsequently, in 2012,
after a clean data determination 2 and
EPA’s approval of a maintenance plan,
the South Carolina portion of the
Charlotte NC-SC 1997 8-hour NAAQS
1 EPA received the SIP submission on July 10,
2020.
2 See 77 FR 13493 (March 7, 2012).
E:\FR\FM\25JAR1.SGM
25JAR1
]]>Agencies
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3666-3673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27232]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0217; FRL-9290-02-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 14 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 14 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 24, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-EPA-R03-OAR-2021-0217. 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: Ms. Gwendolyn Supplee, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2763. Ms. Supplee 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 41421. In the NPRM, EPA proposed approval of case-by-case
RACT determinations or alternative NOX emissions limits for
sources 14 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. PADEP submitted the SIP revisions for sources at these
facilities on May 7, 2020.
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
[[Page 3667]]
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.
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\1\ The RACT I Rule was approved by EPA into the Pennsylvania
SIP on March 23, 1998. 63 FR 13789. Through this rule, certain
source-specific RACT I requirements will be superseded by more
stringent requirements. See Section II of the preamble to this final
rule.
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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.
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\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.
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II. Summary of SIP Revision and EPA Analysis
A. Summary of SIP Revision
To satisfy a requirement from EPA's May 9, 2019 conditional
approval, PADEP submitted to EPA SIP revisions addressing alternative
NOX emissions limits and/or case-by-case RACT requirements
for major sources in Pennsylvania subject to 25 Pa. Code 129.98 or
129.99. Among the 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\
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\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.
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In PADEP's RACT determinations involving NOX averaging,
an evaluation was completed to determine that 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 not 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 14 major NOX and/or VOC emitting facilities
in Pennsylvania, as summarized in Table 1 in this document.
Table 1--Fourteen 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
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Major source
Major source (county) 1-Hour ozone RACT pollutant (NOX and/or RACT II permit (effective
source? (RACT I) VOC) date)
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Dart Container Corporation of Yes................... VOC.................. 36-05117 (10/15/2020)
Pennsylvania--East Lampeter
(Lancaster).
Dart Container Corporation of Yes................... NOX and VOC.......... 36-05015 (03/30/2020)
Pennsylvania--Leola (Lancaster).
Latrobe Specialty Metals--A Yes................... NOX.................. 65-00016 (02/26/2020)
Carpenter Co (Westmoreland).
ATI Flat Rolled Products Holdings, Yes................... NOX.................. 65-00137
LLC (Westmoreland).
CONSOL Pennsylvania Coal Company, Yes................... VOC.................. 30-00072L
LLC (Greene).
IPSCO Koppel Tubular Corporation-- No.................... NOX.................. 04-00227
IPSCO Ambridge (Beaver).
IPSCO Koppel Tubular Corporation-- Yes................... NOX and VOC.......... 04-00059 (03/16/2020)
IPSCO Koppel (Beaver).
MarkWest Liberty Bluestone Plant No.................... VOC.................. 10-00368
(Butler).
York Group Inc.--Black Bridge Rd Yes................... VOC.................. 67-05014C
(York).
Omnova Solutions Inc--Jeannette Yes................... VOC.................. 65-00207 (02/06/2020)
Plant (Westmoreland).
Jessop Steel LLC--Washington Plant Yes................... NOX.................. 63-00027 (03/11/2020)
(Washington).
Kawneer Commercial Windows LLC Yes................... VOC.................. 10-00267 (03/04/2020)
(Butler).
Tennessee Gas Pipeline Co., LLC, Yes................... NOX and VOC.......... 27-015A (12/07/2018)
Marienville STA 307 (Forest).
Mack Truck--Macungie (Lehigh)...... Yes................... NOX and VOC.......... 39-00004 (04/03/2020)
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[[Page 3668]]
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-2021-0217.\4\ EPA is incorporating by reference in the
Pennsylvania SIP, via the RACT II permits, source-specific RACT
emissions limits and control measures and alternative NOX
emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain
major sources of NOX and VOC emissions.
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\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.
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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 14 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
revisions should not interfere with any applicable requirements
concerning attainment of the NAAQS, reasonable further progress, or
other applicable requirements under section 110(l) of the CAA.
Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations and alternative NOX
emissions limits and the rationale for EPA's 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 three comments from three commenters on the August 2,
2021 NPRM. 86 FR 41421. A summary of the comments and EPA's response
are discussed in this section. A copy of the comments can be found in
the docket for this rule action.
Comment 1: The commenter claims that for the Mack Truck--Macungie
facility to meet RACT II requirements, an economic and technical
feasibility analysis must be conducted. The commenter identifies that
such an analysis was not performed for sources at this facility and
also appears to claim that compliance with CTGs is insufficient to meet
RACT requirements. Therefore, the commenter states that EPA must
require a technical and economic feasibility analysis for the sources
at Mack Truck before RACT can be approved for this facility.
Response 1: Pennsylvania's RACT II regulations allow a source to
meet RACT II requirements by complying with presumptive RACT
requirements under 25 Pa. Code 129.97, with CTGs under 25 Pa. Code
129.96(a) and (b), NOX averaging under 25 Pa. Code 129.98,
or with a case-by-case limit in accordance with 25 Pa. Code 129.99. A
technical and economic feasibility analysis is only required as part of
the case-by-case limit development process required in section 129.99.
All of the sources at this facility are required to meet either a
CTG under 25 Pa. Code 129.52d or presumptive requirements under 25 Pa.
Code 129.97(c). Since all the sources at Mack Truck are meeting either
presumptive or CTG requirements, a case-by-case analysis is not
required.
The commenter's specific concern appears to arise from EPA's TSD
where EPA, in discussing the regulatory status of the ``G'' Line
(Source IDs 108 and 109) and the Final Spray Booth and Oven (Source IDs
114 and 116), identified that the typical technical and economic
feasibility analysis was not conducted for these sources. However, EPA,
in that document, also acknowledged that such an analysis was not
required for these sources because they are now regulated under a CTG
at section 129.52d. Nevertheless, since these sources were subject to
previously SIP-approved RACT I requirements, PADEP had to ensure,
pursuant to CAA section 110(l), that the new CTG requirements were at
least as stringent as the prior RACT I requirements. Through an
additional, source-specific analysis, PADEP determined that the newly
established throughput limits for Source IDs 108 and 109, combined with
compliance with the CTG's solvent content restrictions at 25 Pa. Code
129.52d, ensured that the RACT II limits were more stringent than the
RACT I requirements. In order to ensure that stringency, PADEP added
the newly established throughput limits to its RACT II requirements for
these sources. For Source IDs 114 and 116, PADEP's 110(l) analysis led
it to retain the existing RACT I requirements. Accordingly, PADEP was
not performing a case-by-case determination for these sources under
section 129.99, and a technical and economic feasibility analysis was
not required. For these reasons, PADEP's SIP revision for the sources
at Mack Truck meets RACT requirements and is approvable.
Comment 2: In the first part of the comment, the commenter states
that the TSD for Tennessee Gas Pipeline Co., LLC, Marienville STA 307
is confusing and appears to be missing information for Source ID 135.
More specifically, the commenter points to a listing of RACT
requirements within that section that begins with Item #7 rather than
Item #1. The second portion of the comment includes a claim that
PADEP's conclusion was based only on a technical feasibility analysis
and should have included an economic feasibility analysis as well. For
these reasons, the
[[Page 3669]]
commenter asserts that EPA must either reject or repropose the SIP
revision for Source 135.
Response 2: With respect to the first part of the comment, the
commenter correctly identifies that the numbering of the list of RACT
requirements for Source ID 135 (Engine A5C 3500 HP Pipeline Compressor
Engine (Worthington ML-12)) contained in PADEP's Conclusions section of
the TSD is misleading. There is an error in the numbering. It begins
with Item #7 rather than Item #1. However, the information in the
listing is accurate and complete. It summarizes all of the RACT
requirements being imposed on Source ID 135. These RACT requirements
are also included in PADEP's Technical Review Memo of RACT II Proposal
and Plan Approval and the Redacted Plan Approval, which are both part
of the docket for this rule.\5\ The commenter also claims that this
listing is confusing because it is set forth without explanation or
description. However, the commenter is incorrect on this point. PADEP's
Conclusions section of the TSD specifically begins: ``In accordance
with 25 Pa. Code 129.99, PADEP has determined RACT for the following
source as follows, based on the technical feasibility analysis
performed:'' It then contains a narrative description of the RACT I and
II requirements for Source 135 followed by the listing in question.
While the misnumbering in the listing of RACT II requirements may have
been somewhat confusing, EPA considers it an inadvertent error. As the
information in the TSD and the docket was complete and accurate, EPA
believes the information about PADEP's RACT II determination for Source
ID 135 was available for review by the public and that there is no need
to repropose the SIP revision for Tennessee Gas Pipeline Co., LLC,
Marienville STA 307 (Marienville STA 307).
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\5\ See Final CBC RACT Submittal Letter 1, which is part of the
docket of this rule.
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With respect to the second part of the comment, EPA continues to
find that PADEP's CbC RACT determination for Source ID 135 is
reasonable given the results of its feasibility analysis. Through the
CbC analysis, PADEP identified two potential control technologies for
use at this source. Selective catalytic reduction (SCR) was determined
to be technically infeasible. However, the second technology, low
emission combustion (LEC), was found to be technically feasible. The
commenter is correct in identifying that PADEP did not conduct an
economic feasibility analysis of this technology. Normally, an economic
feasibility analysis would be required at this stage, but it was not
required under the circumstances for this source. Because the company
decided to install the LEC technology and PADEP imposed it as a RACT
requirement, there was no need to conduct a separate analysis on
economic feasibility. For these reasons, PADEP's SIP revision for
Source 135 (at Marienville STA 307) meets RACT requirements and is
approvable.
Comment 3: The commenter states that EPA should not approve any of
these permits because commenter claims that the RACT CbC determinations
are not achieving any real reductions from these sources. The commenter
estimates that only two of the 14 sources in this rule required either
emission reductions and/or the installation of new control
technologies. The commenter requests that EPA take another look at the
sources to determine whether existing controls could be tightened or
new controls be installed.
Response 3: As described in the proposed rulemaking, Pennsylvania
was required through implementation of the 1997 and 2008 8-hour ozone
NAAQS to determine RACT II requirements for major NOX and
VOC emitting sources within the Commonwealth. PADEP had previously
established CbC RACT requirements under the 1979 1-hour ozone NAAQS
(RACT).\6\ PADEP finalized its overall RACT II program, and it was
conditionally approved by EPA.\7\ As required by Pennsylvania's RACT II
regulations, PADEP conducted, for sources seeking a CbC determination,
an analysis examining what air pollution controls were available for
those individual sources to determine the lowest emissions limit that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technologically and
economic feasibility.\8\
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\6\ 40 CFR 52.2020(d)(1).
\7\ 84 FR 20274 (May 9, 2019).
\8\ See December 9, 1976 memorandum from Roger Strelow,
Assistant Administrator for Air and Waste Management, to Regional
Administrators, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas,'' and 44 FR 53762 (September
17, 1979).
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As described in its technical review memoranda and related
documents, which are part of the docket for this rule, PADEP evaluated
the technical and/or economic feasibility of various control equipment
for the individual sources at the facilities included in this rule and
used these evaluations to determine the RACT II requirements. These
determinations may or may not have resulted in additional emission
reductions and/or installation of new control technologies depending on
the outcome of the analyses, which were based on the specific nature of
each individual source. For facilities subject to RACT I, PADEP also
considered the prior RACT I requirements as appropriate to ensure that
the RACT II requirements were as stringent as any previously
established standards. In circumstances where the RACT I requirements
were more stringent, they were retained and remain effective.
EPA recognizes that PADEP's CbC determinations at times resulted in
only a continuation of RACT I requirements, but these determinations
were made after a thorough review of the available control technology
as demonstrated by the detailed record, which is part of the docket for
this rule, submitted by PADEP to support its SIP revisions. The
commenter's estimate of how often PADEP reduced an emission limit or
required the installation of new technology is also misleading. Even
when PADEP's CbC determination did not result in a more stringent
emission limit or a new technology, PADEP sometimes imposed other
measures that should lead to reduced emissions (e.g., more specific
operating requirements at the melt shops at IPSCO Koppel Tubular
Corporation and the revised VOC control system for the spray booths at
the York Group, Inc).\9\ EPA continues to conclude that PADEP's CbC
determinations reasonably evaluated the technical and economic
feasibility of potential controls for the sources included in this rule
as required by the RACT II requirements and are approvable.
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\9\ See Chapters 7 and 9 of EPA's Technical Support Document,
dated June 2, 2021, which is part of the docket for this rule.
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IV. Final Action
EPA is approving case-by-case RACT determinations and/or
alternative NOX emissions limits for 14 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
[[Page 3670]]
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\
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\10\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 28, 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 14 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 ``Consol Pennsylvania Coal Company--Bailey Prep
Plant''; ``Latrobe Steel Company--Latrobe''; ``(Allegheny Ludlum
Corporation) Jessop Steel Company--Washington Plant''; ``Koppel Steel
Corporation--Koppel Plant''; ``Three Rivers Aluminum Company (TRACO)'';
``GenCorp (Plastic Films Division)--Jeannette Plant''; ``Koppel Steel
Corporation--Ambridge Plant''; ``Allegheny Ludlum Steel Corporation'';
``Mack Trucks, Inc''; ``Tennessee Gas Pipeline Company--Howe
Township''; ``York Group, Inc''; and ``Dart Container Corporation''.
0
b. Adding the following entries at the end of the table: ``CONSOL PA
Coal CO LLC Bailey Prep Plt (formerly referenced as Consol Pennsylvania
Coal Company--Bailey Prep Plant)''; ``Latrobe Specialty Metals--A
Carpenter Co (formerly referenced as Latrobe Steel Company--Latrobe)'';
``Jessop Steel LLC--Washington Plant [formerly referenced as (Allegheny
Ludlum Corporation) Jessop Steel Company--Washington Plant]''; ``IPSCO
Koppel Tubulars LLC--Koppel Plt (formerly referenced as Koppel Steel
Corporation--Koppel Plant)''; ``Kawneer Commercial Windows LLC--
Cranberry Twp [formerly referenced as Three Rivers Aluminum Company
(TRACO)]''; ``Omnova Solutions Inc--Jeannette Plant [formerly
referenced as GenCorp (Plastic Films Division)--Jeannette Plant]'';
``IPSCO Koppel Tubulars LLC--Ambridge (formerly referenced as Koppel
Steel Corporation--Ambridge Plant)''; ``ATI Flat Rolled Products
Holdings LLC--Vandergrift (formerly
[[Page 3671]]
referenced as Allegheny Ludlum Steel Corporation)''; ``Mack Trucks,
Inc.--Macungie (formerly referenced as Mack Trucks Inc.)''; ``Tennessee
Gas Pipeline Co., LLC, Marienville STA 307 (formerly referenced as
Tennessee Gas Pipeline Company--Howe Township)''; ``York Group Inc.--
Black Bridge Rd''; ``Dart Container Corporation--Leola''; ``Dart
Container Corporation--East Lampeter''; and ``MarkWest Liberty
Bluestone Plant''.
The revisions and additions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. County effective EPA approval date Additional explanations/Sec. Sec.
date 52.2063 and 52.2064 citations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Consol Pennsylvania Coal Company-- OP-30-000-072....... Greene.............. 3/23/1999 08/6/01, 66 FR 40891 See also 52.2064(h)(1).
Bailey Prep Plant.
* * * * * * *
Latrobe Steel Company--Latrobe... OP-65-000-016....... Westmoreland........ 12/22/1995 10/16/01, 66 FR See also 52.2064(h)(2).
52517.
* * * * * * *
(Allegheny Ludlum Corporation) (OP)63-000-027...... Washington.......... 3/26/1999 10/16/01, 66 FR See also 52.2064(h)(3).
Jessop Steel Company--Washington 52522.
Plant.
Koppel Steel Corporation--Koppel (OP)04-000-059...... Beaver.............. 3/23/2001 10/16/01, 66 FR See also 52.2064(h)(4).
Plant. 52522.
* * * * * * *
Three Rivers Aluminum Company OP-10-267........... Butler.............. 3/1/2001 10/17/01, 66 FR See also 52.2064(h)(5).
(TRACO). 52695.
* * * * * * *
GenCorp (Plastic Films Division)-- (OP)65-000-207...... Westmoreland........ 1/4/1996 10/15/01, 66 FR See also 52.2064(h)(6).
Jeannette Plant. 52322.
* * * * * * *
Koppel Steel Corporation-- OP-04-000-227....... Beaver.............. 10/12/2000 10/15/01, 66 FR See also 52.2064(h)(7).
Ambridge Plant. 52317.
* * * * * * *
Allegheny Ludlum Steel (OP-)65-000-137..... Westmoreland........ 5/17/1999 10/19/01, 66 FR See also 52.2064(h)(8).
Corporation. 53090.
* * * * * * *
Mack Trucks, Inc................. OP-39-0004.......... Northampton......... 5/31/1995 10/17/03, 68 FR See also 52.2064(h)(9).
59741.
* * * * * * *
Tennessee Gas Pipeline Company-- OP-27-015........... Forest.............. 7/27/2000 3/30/05, 70 FR 16118 See also 52.2064(h)(10).
Howe Township.
* * * * * * *
York Group, Inc.................. OP-67-2014.......... York................ 7/3/1995 3/31/05, 70 FR 16416 See also 52.2064(h)(11).
* * * * * * *
Dart Container Corporation....... OP-36-2015.......... Lancaster........... 8/31/1995 6/8/07, 72 FR 31749. See also 52.2064(h)(12).
* * * * * * *
CONSOL PA Coal CO LLC Bailey Prep 30-00072L........... Greene.............. 3/12/2020 1/25/2022, [insert 52.2064(h)(1).
Plt (formerly referenced as Federal Register
Consol Pennsylvania Coal citation].
Company--Bailey Prep Plant).
Latrobe Specialty Metals--A 65-00016............ Westmoreland........ 02/26/2020 1/25/2022, [insert 52.2064(h)(2).
Carpenter Co (formerly Federal Register
referenced as Latrobe Steel citation].
Company--Latrobe).
Jessop Steel LLC--Washington 63-00027............ Westmoreland........ 03/11/2020 1/25/2022, [insert 52.2064(h)(3).
Plant [formerly referenced as Federal Register
(Allegheny Ludlum Corporation) citation].
Jessop Steel Company--Washington
Plant].
[[Page 3672]]
IPSCO Koppel Tubulars LLC--Koppel 04-00059............ Beaver.............. 3/16/2020 1/25/2022, [insert 52.2064(h)(4).
Plt (formerly referenced as Federal Register
Koppel Steel Corporation--Koppel citation].
Plant).
Kawneer Commercial Windows LLC-- 10-00267............ Butler.............. 3/04/2020 1/25/2022, [insert 52.2064(h)(5).
Cranberry Twp [formerly Federal Register
referenced as Three Rivers citation].
Aluminum Company (TRACO)].
Omnova Solutions Inc--Jeannette 65-00207............ Westmoreland........ 2/06/2020 1/25/2022, [insert 52.2064(h)(6).
Plant [formerly referenced as Federal Register
GenCorp (Plastic Films citation].
Division)--Jeannette Plant].
IPSCO Koppel Tubulars LLC-- 04-00227............ Beaver.............. 3/26/2020 1/25/2022, [insert 52.2064(h)(7).
Ambridge (formerly referenced as Federal Register
Koppel Steel Corporation-- citation].
Ambridge Plant).
ATI Flat Rolled Products Holdings 65-00137............ Westmoreland........ 3/11/2020 1/25/2022, [insert 52.2064(h)(8).
LLC--Vandergrift (formerly Federal Register
referenced as Allegheny Ludlum citation].
Steel Corporation).
Mack Trucks, Inc.--Macungie 39-00004............ Lehigh.............. 4/03/2020 1/25/2022, [insert 52.2064(h)(9).
(formerly referenced as Mack Federal Register
Trucks Inc.). citation].
Tennessee Gas Pipeline Co., LLC, 27-015A............. Forest.............. 12/07/2018 1/25/2022, [insert 52.2064(h)(10).
Marienville STA 307 (formerly Federal Register
referenced as Tennessee Gas citation].
Pipeline Company--Howe Township).
York Group Inc.--Black Bridge Rd. 67-05014C........... York................ 3/04/2020 1/25/2022, [insert 52.2064(h)(11).
Federal Register
citation].
Dart Container Corporation--Leola 36-05015............ Lancaster........... 3/30/2020 1/25/2022, [insert 52.2064(h)(12).
Federal Register
citation].
Dart Container Corporation--East 36-05117............ Lancaster........... 10/15/2020 1/25/2022, [insert 52.2064(h)(13).
Lampeter. Federal Register
citation].
MarkWest Liberty Bluestone Plant. 10-00368............ Butler.............. 2/20/2020 1/25/2022, [insert 52.2064(h)(14).
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 (h) 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).
* * * * *
(h) 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 (h) are incorporated as specified. (Rulemaking
Docket No. EPA-R03-OAR-2021-0217.)
(1) CONSOL PA Coal CO LLC Bailey Prep Plt--Incorporating by
reference Permit No. PA-30-00072L, issued March 12, 2020, as redacted
by Pennsylvania, which supersedes the prior RACT permit OP-30-000-072,
issued March 23, 1999. See also Sec. 52.2063(c)(149)(i)(B)(8) for
prior RACT approval.
(2) Latrobe Specialty Metals--A Carpenter Co--Incorporating by
reference Permit No. 65-00016, issued February 26, 2020, as redacted by
Pennsylvania, which supersedes the prior RACT Permit No. 65-000-016,
issued December 22, 1995. See also Sec. 52.2063(c)(158)(i)(B) for
prior RACT approval.
(3) Jessop Steel LLC--Washington Plant--Incorporating by reference
Permit 63-00027 issued on March 11, 2020, as redacted by Pennsylvania.
All permit conditions in the prior RACT Permit No. 63-00027, effective
October 31, 2001, remain as RACT requirements except for conditions 5
and 6, which are being superseded. See also Sec.
52.2063(c)(163)(i)(B)(3) for prior RACT approval.
(4) IPSCO Koppel Tubulars LLC--Koppel Plt--Incorporating by
reference Permit No. 04-00059, issued March 16, 2020, as redacted by
Pennsylvania, which supersedes the prior RACT permit no. 04-000-059,
issued March 23, 2001. See also Sec. 52.2063(c)(163)(i)(D) for prior
RACT approval.
(5) Kawneer Commercial Windows LLC--Cranberry Twp--Incorporating by
reference Permit #10-00267 issued on September 14, 2015, as amended on
March 4, 2020. The RACT I requirements contained in TRACO Operating
Permit No. 10-267, issued on March 1, 2001, remain in effect. See also
Sec. 52.2063(c)(170)(i)(B)(7) for prior RACT approval.
(6) Omnova Solutions Inc--Jeannette Plant--Incorporating by
reference
[[Page 3673]]
Permit No. OP-65-000-207, issued February 6, 2020, as redacted by
Pennsylvania. All permit requirements of the prior RACT Permit No. OP-
65-000-207, effective January 4, 1996, remain as RACT requirements
except for conditions 5, 6, 7 (mislabeled as condition 5) 8 (mislabeled
as condition 6), and 9 (mislabeled as condition 7), which are being
superseded. See also Sec. 52.2063(c)(171)(i)(B) for prior RACT
approval.
(7) IPSCO Koppel Tubulars LLC--Ambridge Incorporating by reference
Permit No. 04-00227, issued March 26, 2020, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. PA 04-
000-227 issued on October 12, 2000, remain as RACT requirements. See
also Sec. 52.2063(c)(180)(i)(B) for prior RACT approval.
(8) ATI Flat Rolled Products Holdings LLC--Vandergrift--
Incorporating by reference Permit No. 65-00137, issued March 11, 2020,
as redacted by Pennsylvania. All permit conditions in the prior RACT
Permit No. PA 65-000-137 issued on May 17, 1999, remain as RACT
requirements. See also Sec. 52.2063(c)(186)(i)(B)(1) for prior RACT
approval.
(9) Mack Truck--Macungie Title V Operating permit no. 0039-00004,
issued December 30, 2015, as amended April 3, 2020, which supersedes
Operating Permit No. 39-0004, issued on May 31, 1995, except for
Conditions (4), (7) (C)2 through 9, (7) (E)4 through 9, and (8)(a). See
also Sec. 52.2063(c)(207)(i)(B)(1) for prior RACT approval.
(10) Tennessee Gas Pipeline Co., LLC, Marienville STA 307--
Incorporating by reference Permit No. 27-015A, issued December 7, 2018,
as redacted by Pennsylvania. All permit conditions in the prior RACT
Permit No. PA 27-015 issued on July 27, 2000, are superseded by RACT II
requirements except for Source ID 136. For Source ID 136, the
presumptive RACT II limit is less stringent than the RACT I limit;
therefore, the RACT I limit has been retained for Source ID 136. See
also Sec. 52.2020(d)(1) for prior RACT approval.
(11) York Group Inc.--Black Bridge Rd.--Incorporating by reference
Permit No. 67-05014C, issued March 4, 2020, as redacted by
Pennsylvania, which supersedes the prior RACT permit no. 67-2014,
issued July 5, 1995, See also Sec. 52.2020(d)(1) for prior RACT
approval.
(12) Dart Container Corporation--Leola--Incorporating by reference
Permit No. 36-05015, issued March 30, 2020,as redacted by Pennsylvania.
Requirements of the prior RACT Permit No. OP-36-2015, effective August
31, 1995, remain as RACT requirements except for permit condition 7 for
the flexographic presses, which are no longer in operation. See also
Sec. 52.2020(d)(1) for prior RACT approval.
(13) Dart Container Corporation--East Lampeter--Incorporating by
reference Permit No. 36-05117, effective March 3, 2020, as redacted by
Pennsylvania.
(14) MarkWest Liberty Bluestone- Incorporating by reference Permit
No. 10-00368, issued February 20, 2020, as redacted by Pennsylvania.
[FR Doc. 2021-27232 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P
