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, 3929-3937 [2021-27233]

Download as PDF Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations affect the status of the notice-andcomment rulemaking commenced by the Vaccination and Testing ETS. See 29 U.S.C. 655(c)(3). Notwithstanding the withdrawal of the Vaccination and Testing ETS, OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID–19 in the workplace. khammond on DSKJM1Z7X2PROD with RULES II. Minor Revisions to § 1910.504 and § 1910.509 OSHA has removed the reference to § 1910.501 from the introductory text of the Mini Respiratory Protection requirements in § 1910.504 because the former section is now removed. The Mini Respiratory Protection Program section is retained, however, because it remains a requirement for respirator use under § 1910.502(f)(4). Similarly, OSHA has revised the incorporation-byreference list in § 1910.509 by removing the reference to § 1910.501(h) from § 1910.509(b)(5), as the incorporation by reference list now pertains only to documents incorporated by reference in § 1910.502. Because these minor revisions do not make any substantive change to the duties of employers, OSHA finds good cause that the opportunity for public comment on these revisions is unnecessary within the meaning of 5 U.S.C. 553(b)(B) and 29 U.S.C. 655(b). In addition, OSHA finds that public comment is impracticable in light of the need to provide clarity to the regulated community and to workers. III. State Plans The occupational safety and health programs run by the 28 States and U.S. territories with their own OSHAapproved occupational safety and health plans (State Plans) must be at least as effective as Federal OSHA’s program. This includes a requirement that, when Federal OSHA makes a program change that renders its program more effective, the State Plan must timely adopt a corresponding change in order to maintain a safety and health program that is at least as effective as Federal OSHA (29 CFR 1902.32(e); 29 CFR 1902.44(a)). However, where, as here, the Federal program change does not impose any new requirements or otherwise render the Federal program more effective, State Plans are not required to take any action. List of Subjects in 29 CFR Part 1910 COVID–19, Disease, Health facilities, Health, Healthcare, Incorporation by reference, Occupational health and safety, Public health, Reporting and recordkeeping requirements, VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 3929 Respirators, SARS–CoV–2, Vaccines, Viruses. ENVIRONMENTAL PROTECTION AGENCY Authority and Signature 40 CFR Part 52 Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210, authorized the preparation of this document pursuant to the following authorities: Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor’s Order 8–2020 (85 FR 58393 (Sept. 18, 2020)); 29 CFR part 1911; and 5 U.S.C. 553. [EPA–R03–OAR–2021–0531; FRL–9289–02– R3] Signed at Washington, DC, on January 21, 2022. Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health. For the reasons set forth in the preamble, part 1910 of title 29 of the Code of Federal Regulations is amended as follows: PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS Subpart U—COVID–19 1. The authority citation for subpart U continues to read as follows: ■ Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8–2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 553. § 1910.501 ■ [Removed and Reserved] 2. Remove and reserve § 1910.501 3. Amend § 1910.504 by revising paragraph (a) to read as follows: ■ § 1910.504 Program. Mini Respiratory Protection (a) Scope and application. This section applies only to respirator use in accordance with § 1910.502(f)(4). * * * * * 4. Amend § 1910.509 by revising paragraph (b)(5) to read as follows: ■ § 1910.509 Incorporation by reference. * * * * * (b) * * * (5) Isolation Guidance. COVID–19: Isolation If You Are Sick; Separate yourself from others if you have COVID–19, updated February 18, 2021, IBR approved for § 1910.502(l). * * * * * [FR Doc. 2022–01532 Filed 1–25–22; 8:45 am] BILLING CODE 4510–26–P PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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 23 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 23 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 25, 2022. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2021–0531. 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 SUMMARY: E:\FR\FM\26JAR1.SGM 26JAR1 3930 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch (3AD10), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2217. Mr. Burger can also be reached via electronic mail at burger.riley@epa.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES I. Background On August 24, 2021, EPA published a notice of proposed rulemaking (NPRM). 86 FR 47270. In the NPRM, EPA proposed approval of case-by-case RACT determinations or alternative NOX emissions limits for sources at 23 facilities, as EPA found that the RACT controls for these sources met the CAA RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. These caseby-case RACT determinations or alternative NOX emissions limits for sources at these facilities were included in PADEP’s May 7, 2020 SIP submission. As indicated in the NPRM, EPA views each facility as a separable SIP revision. Under certain circumstances, states are required to submit SIP revisions to address RACT requirements for both major sources of NOX and VOC and any source covered by control technique guidelines (CTG), for each ozone NAAQS. Which NOX and VOC sources in Pennsylvania are considered ‘‘major,’’ and are therefore subject to RACT, is dependent on the location of each source within the Commonwealth. Sources located in nonattainment areas would be subject to the ‘‘major source’’ definitions established under the CAA based on the area’s current classification(s). In Pennsylvania, sources located in any ozone nonattainment areas outside of moderate or above are subject to source thresholds of 50 tons per year (tpy) because of the Ozone Transport Region (OTR) requirements in CAA section 184(b)(2). On May 16, 2016, PADEP submitted a SIP revision addressing RACT for both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEP’s May 16, 2016 SIP revision intended to address certain outstanding non-CTG VOC RACT, VOC CTG RACT, and major source VOC and NOX RACT requirements for both standards. The VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 SIP revision requested approval of Pennsylvania’s 25 Pa. Code 129.96–100, Additional RACT Requirements for Major Sources of NOX and VOCs (the ‘‘presumptive’’ RACT II rule). Prior to the adoption of the RACT II rule, Pennsylvania relied on the NOX and VOC control measures in 25 Pa. Code 129.92–95, Stationary Sources of NOX and VOCs, (the RACT I rule) to meet RACT for non-CTG major VOC sources and major NOX sources. The requirements of the RACT I rule remain as previously approved in Pennsylvania’s SIP and continue to be implemented as RACT.1 On September 26, 2017, PADEP submitted a letter, dated September 22, 2017, which committed to address various deficiencies identified by EPA in PADEP’s May 16, 2016 ‘‘presumptive’’ RACT II rule SIP revision. On May 9, 2019, EPA conditionally approved the RACT II rule based on the commitments PADEP made in its September 22, 2017 letter.2 84 FR 20274. In EPA’s final conditional approval, EPA noted that PADEP would be required to submit, for EPA’s approval, SIP revisions to address any facility-wide or system-wide NOX emissions averaging plans approved under 25 Pa. Code 129.98 and any caseby-case RACT determinations under 25 Pa. Code 129.99. PADEP committed to submitting these additional SIP revisions within 12 months of EPA’s final conditional approval (i.e., by May 9, 2020). Through multiple submissions between 2017 and 2020, PADEP has submitted to EPA for approval various SIP submissions to implement its RACT II case-by-case determinations and alternative NOX emissions limits. This rulemaking 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, 1 The RACT I Rule was approved by EPA into the Pennsylvania SIP on March 23, 1998. 63 FR 13789. Through this RACT II rule, certain source-specific RACT I requirements will be superseded by more stringent requirements. See Section II of the preamble to this final rule. 2 On August 27, 2020, the Third Circuit Court of Appeals issued a decision vacating EPA’s approval of three provisions of Pennsylvania’s presumptive RACT II rule applicable to certain coal-fired power plants. Sierra Club v. EPA, 972 F.3d 290 (3d Cir. 2020). None of the sources in this final rule are subject to the presumptive RACT II provisions at issue in that Sierra Club decision. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 whether the aggregate NOX emissions emitted by the air contamination sources included in the facility-wide or system-wide NOX emissions averaging plan using a 30-day rolling average are greater than the NOX emissions that would be emitted by the group of included sources if each source complied with the applicable presumptive limitation in 25 Pa. Code 129.97 on a source-specific basis. Here, EPA is approving SIP revisions pertaining to case-by-case RACT requirements and/or alternative NOX emissions limits for sources at 23 major NOX and/or VOC emitting facilities in Pennsylvania, as summarized in Table 1 in this document. 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. E:\FR\FM\26JAR1.SGM 26JAR1 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 3931 khammond on DSKJM1Z7X2PROD with RULES TABLE 1—TWENTY-THREE 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) AK Steel Corp (formerly Armco, Inc. Butler Operations Main Plant; Armco, Inc. Butler Operations Stainless Plant) (Butler). Allegheny and Tsingshan Stainless LLC, Midland Facility (formerly J & L Specialty Steel, Inc.—Midland Facility) (Beaver). Alumax Mill Products (Lancaster) .......................................... American Craft Brewery LLC (Lehigh) ................................... American Refining Group Inc (formerly American Refining Group, Inc) (McKean). American Zinc Recycling Corp (formerly Horsehead Resource Development Company, Inc) (Carbon). Appvion Operations, Inc. (Blair) ............................................. ArcelorMittal Steelton LLC (formerly Bethlehem Steel Corporation) (Dauphin). Carpenter Technology Corporation, Reading Plt (formerly Carpenter Technology Corporation—Reading Plant) (Berks). Chestnut Ridge Foam Inc (formerly Chestnut Ridge Foam, Inc.—Latrobe) (Westmoreland). East Penn Manufacturing Company, Inc., Battery Assembly (Berks). General Carbide Corporation (formerly General Carbide Corp) (Westmoreland). Lord Corp Saegertown (Crawford) ......................................... NLMK Pennsylvania LLC, Farrell Plt (formerly Caparo Steel Co.—Farrell) (Mercer). Omnova Solutions Inc.—Auburn Plant (formerly Gencorp, Inc) (Schuylkill). Pixelle Specialty Solutions LLC—Spring Grove Mill (York) ... Sonneborn LLC (formerly Crompton Corporation, Fairview Township; Witco Corp—Petrolia Facility) (Butler). Specialty Tires of America, Indiana Plant (formerly Specialty Tires of America, Inc) (Indiana). Standard Steel LLC (formerly Standard Steel Division of Freedom Forge Corp) (Mifflin). Tennessee Gas Pipeline Co., Mercer Station 219 (formerly Tennessee Gas Pipeline Company, Station 219) (Mercer). Truck Accessories Group Milton Plant (formerly Truck Accessories Group East) (Northumberland). United Refining Co (formerly United Refining Company) (Warren). Wheatland Tube Company (Mercer) ..................................... Yes .............................. NOX and VOC ............. 10–00001 (2/25/2020) Yes .............................. NOX and VOC ............. 04–00013 (2/24/2020) Yes .............................. Yes .............................. Yes .............................. NOX and VOC ............. NOX and VOC ............. NOX and VOC ............. Yes .............................. NOX ............................. 36–05014 (9/9/2019) 39–00006F (10/23/2019) 42–00004 (1/15/2020) and 42–004K (9/24/2019) 13–00001 (3/25/2019) Yes .............................. Yes .............................. NOX and VOC ............. NOX and VOC ............. 07–05001 (3/16/2020) 22–05012 (3/1/2020) Yes .............................. NOX and VOC ............. 06–05007 (3/10/2020) Yes .............................. VOC ............................. 65–00181 (1/22/2020) Yes .............................. NOX and VOC ............. 06–05069 (5/21/2019) Yes .............................. VOC ............................. 65–00622 (3/3/2020) Yes .............................. Yes .............................. VOC ............................. NOX and VOC ............. 20–00194 (4/12/2021) 43–00310 (1/22/2020) Yes .............................. VOC ............................. 54–00009 (6/26/2018) Yes .............................. Yes .............................. NOX and VOC ............. NOX and VOC ............. 67–05004 (4/1/2020) 10–037I (9/17/2019) Yes .............................. VOC ............................. 32–00065 (1/16/2019) Yes .............................. NOX and VOC ............. 44–05001 (8/16/2019) Yes .............................. NOX and VOC ............. 43–00272 (1/2/2019) Yes .............................. VOC ............................. 49–00020 (1/14/2020) Yes .............................. NOX and VOC ............. 62–00017 (2/6/2020) Yes .............................. NOX ............................. 43–00182 (3/26/2019) 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 VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 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–2021–0531.4 EPA is incorporating by reference in the Pennsylvania SIP, via the RACT II permits, source-specific RACT emissions limits and control measures 4 The RACT II permits included in the docket for this rule are redacted versions of the facilities’ federally enforceable permits. They reflect the specific RACT requirements being approved into the Pennsylvania SIP via this final action. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 RACT II permit (effective date) and/or alternative NOX emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions. B. EPA’s Final Action PADEP’s SIP revisions incorporate its determinations of source-specific RACT II controls for individual emission units at major sources of NOX and/or VOC in Pennsylvania, where those units are not covered by or cannot meet Pennsylvania’s presumptive RACT regulation or where included in a NOX emissions averaging plan. After thorough review and evaluation of the information provided by PADEP in its SIP revision submittals for sources at 23 major NOX and/or VOC emitting facilities in Pennsylvania, EPA found that: (1) PADEP’s case-by-case RACT E:\FR\FM\26JAR1.SGM 26JAR1 3932 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 SIPapproved RACT I requirements would result in equivalent or additional reductions of NOX and/or VOC emissions. The proposed revisions should not interfere with any applicable requirements concerning attainment of the NAAQS, reasonable further progress, or other applicable requirements under section 110(l) of the CAA. Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS case-by-case RACT determinations and alternative NOX emissions limits and the rationale for EPA’s proposed action are explained more thoroughly in the NPRM, and its associated technical support document (TSD), and will not be restated here. III. Public Comments and EPA Responses EPA received one comment on the August 24, 2021 NPRM. 86 FR 47270. A summary of the comment and EPA’s response are discussed in this section. A copy of the comment can be found in the docket for this rule action. Comment 1: The commenter, on behalf of Sonneborn LLC, requests that EPA, as part of this rule action, remove the previously approved, RACT I NOX emission limits for Boiler 7 (Source ID 034), Boiler 12 (Source ID 033), and Boiler 14 (Source ID 032) from the Pennsylvania SIP or confirm in writing that the RACT I NOX emission limits for the three sources are deleted from the Pennsylvania SIP by operation of law. The commenter asserts that removing the RACT I NOX emission limits for these three sources from the Pennsylvania SIP ‘‘will avoid conflicting SIP (and permit) limits that apply to the same sources.’’ The commenter asserts that the current NOX VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 emission limits for the three sources, which are complying with presumptive NOX RACT II, are more stringent than the previously approved RACT I NOX emission limits found in the Pennsylvania SIP. Response 1: As identified by the commenter, the RACT I NOX emission limits for Sonneborn’s Boilers 7, 12, and 14 were incorporated into the Pennsylvania SIP in 2001.5 The RACT I limits were contained in Plan Approval No. PA–10–037, effective June 27, 1995 (formerly Witco Corp, Petrolia Facility), which is part of the record for this docket. The RACT I emission limits were later modified in a subsequent SIP revision that was also incorporated into the SIP through Operating Permit No. OP–10–37, effective June 4, 2003 (formerly Crompton Corporation, Fairview Township). 69 FR 29444 (May 24, 2004).6 The RACT I NOX emission limits included in the SIP are as follows: • Boiler 7: 0.180 lb/MMBtu when burning natural gas; 7 0.40 lb/MMBtu when burning oil; 8 53.1 tpy 9 • Boiler 12: 10 0.180 lb/MMBtu when burning natural gas; 0.40 lb/MMBtu when burning oil; 40.9 tpy • Boiler 14: 11 0.180 lb/MMBtu; 32.3 tpy Under RACT II, PADEP established new presumptive RACT II limits for a variety of sources, which were approved by EPA and incorporated into the SIP on May 9, 2019. 84 FR 20274. Among the RACT II presumptive limits were those related to certain combustion sources. 25 Pa. Code 129.97(g). Sonneborn’s Boilers 7, 12, and 14 are now subject to the limits in these presumptive standards. 25 Pa. Code 129.97(g)(1)(i)– (iii). The commenter is correct that the 5 In the comment, the commenter states that the RACT I emission limits for the three boilers in question were incorporated into the SIP on August 21, 2001. 66 FR 43779, 43782. In order to clarify the record, EPA notes that the August 21, 2001 rulemaking referenced by the commenter was a direct final rule. When EPA received public comments on the rule, EPA withdrew the direct final rule and acted pursuant to a related proposed rulemaking that was noticed at the same time as the direct final rule. 66 FR 43822 (August 21, 2001). Subsequently, on October 17, 2001, EPA responded to the public comments and finalized its approval of the emission limits for the three boilers, which at that time were part of the Witco Corp, Petrolia Facility, a former owner of the Sonneborn facility. 66 FR 52705. 6 Permit OP–10–37, effective June 4, 2003, can be viewed at https://www.epa.gov/sips-pa/ pennsylvania-sip-source-specific-requirementcrompton-corporation-fairview-township. 7 OP–10–37, effective June 4, 2003, Condition 3 and PA–10–037, effective June 27, 1995, Condition 6. 8 OP–10–37, effective June 4, 2003, Condition 3. 9 PA–10–037, effective June 27, 1995, Condition 6. 10 Id. 11 Id. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 lb/MMBtu NOX emission limits applicable to Boilers 7, 12, and 14 under the presumptive NOX RACT II requirements are more stringent than the lb/MMBtu NOX emission limits currently found in the Pennsylvania SIP for these three sources, which were established under RACT I. The presumptive NOX RACT II limits are as follows: • Boiler 7: 0.10 lb/MMBtu when burning natural gas; 0.12 lb/MMBtu when burning distillate oil, • Boiler 12: 0.10 lb/MMBtu when burning natural gas; 0.20 lb/MMBtu when burning residual oil, and • Boiler 14: 0.10 lb/MMBtu.12 However, the RACT I NOX emission limits for these boilers, which are part of the SIP, also include annual (tpy) limits—(53.1 tpy—Boiler 7, 40.9 tpy— Boiler 12, and 32.3 tpy—Boiler 14).13 The new presumptive NOX RACT II requirements do not include any annual limits. They only establish lb/MMBtu emission limits for NOX. The commenter has not explained how the new presumptive RACT II limits are more stringent than these SIP-approved annual limits. EPA disagrees with the commenter’s request that the NOX emission limits (either the lb/MMBtu or the annual limits) for Boilers 7, 12, and 14 established under RACT I should be removed from the SIP or deleted from the SIP by operation of law. EPA can only approve or disapprove what has been formally submitted by a state. As the court recognized in Concerned Citizens of Bridesburg, a state has the primary control over the terms to be included in its SIP and EPA’s authority to reject a SIP submittal is limited. Concerned Citizens of Bridesburg v. EPA, 836 F. 2d 777 (3rd Cir. 1987). EPA must approve a SIP revision if it meets the general requirements of CAA section 7410(a)(2). Id. The SIP revision for Sonneborn submitted by PADEP to EPA on May 7, 2020 primarily seeks to add case-by-case RACT II requirements for three sources at the facility (not Boilers 7, 12, and 14). In response to an EPA comment during the state public comment period questioning the status of the facility’s RACT I limits, PADEP specifically stated that the ‘‘RACT I requirements will remain in effect and will remain in the facility’s operating permit. No requirement removed is proposed. The most stringent requirements are always enforced whenever any redundancy occurs.’’ 14 12 25 Pa. Code 129.97(g)(1)(i)–(iii). Plan Approval 10–037I, which is part of the record for this docket. 14 See PADEP Memo, ‘‘10–037H, Plan Approval Draft, Comments of RACT Proposal, dated 06/28/ 13 See E:\FR\FM\26JAR1.SGM 26JAR1 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations The choice of what to propose for inclusion in the Pennsylvania SIP is under the control of PADEP. EPA can only act upon what has been formally submitted to it by the state. In this circumstance, PADEP’s SIP revision for Sonneborn included new case-by-case RACT II determinations for several sources for incorporation into the Pennsylvania SIP with an explicit statement that all RACT I requirements would be retained. PADEP’s SIP submittal for the facility is consistent with Pennsylvania’s RACT program and the CAA and is approvable. Therefore, EPA will finalize its approval of the SIP revision for Sonneborn as proposed. Should PADEP wish to address the commenter’s concerns over the continued inclusion of RACT I requirements for Sonneborn in the SIP, PADEP would need to submit to EPA another SIP revision in the future, proposing to remove the prior, less stringent RACT I NOX emission limits for Boilers 7, 12, and 14 from the Pennsylvania SIP. If PADEP does submit such a SIP revision in the future, it would be subject to an evaluation under CAA section 110(l), which prohibits EPA from approving any SIP revisions that would interfere with applicable requirements concerning attainment, reasonable further progress, or other CAA requirements. khammond on DSKJM1Z7X2PROD with RULES IV. Final Action EPA is approving case-by-case RACT determinations and/or alternative NOX emissions limits for 23 sources in Pennsylvania, as required to meet obligations pursuant to the 1997 and 2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP. V. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of source-specific RACT determinations and alternative NOX emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain major sources of VOC and NOX in Pennsylvania. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been 2018, Sonneborn, LLC—Petrolia Facility, Petrolia Borough/Fairfield Township, Butler County,’’ dated July 25, 2018, which is part of the record for this docket. VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 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.15 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 15 62 PO 00000 FR 27968 (May 22, 1997). Frm 00013 Fmt 4700 Sfmt 4700 3933 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 23 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).) 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. E:\FR\FM\26JAR1.SGM 26JAR1 3934 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 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 ‘‘Caparo Steel Co.—Farrell’’; ‘‘Carpenter Technology Corp.—Reading Plant’’; ‘‘Chestnut Ridge Foam, Inc.—Latrobe’’; ‘‘J & L Specialty Steel, Inc.—Midland Facility’’; ‘‘Witco Corp.—Petrolia Facility’’; ‘‘Armco, Inc. Butler Operations Main Plant’’; ‘‘Armco, Inc. Butler Operations Stainless Plant’’; ‘‘General Carbide Corp’’; ‘‘Bethlehem Steel Corporation’’; ‘‘Horsehead Resource Development Company, Inc’’; ‘‘Crompton Corporation, Fairview Township’’; ‘‘Tennessee Gas Pipeline Company, Station 219’’; ‘‘Specialty Tires of America, Inc’’; ‘‘Truck Accessories Group East’’; ‘‘Standard ■ khammond on DSKJM1Z7X2PROD with RULES Name of source Steel Division of Freedom Forge Corp’’; ‘‘United Refining Company’’ (Permit No. OP–62–017); ‘‘Wheatland Tube Company’’; ‘‘American Refining Group, Inc’’; and ‘‘Gencorp, Inc’’; ■ b. Adding entries at the end of the table for ‘‘AK Steel Corp (formerly referenced as Armco, Inc. Butler Operations Main Plant; Armco, Inc. Butler Operations Stainless Plant)’’; ‘‘Allegheny and Tsingshan Stainless LLC, Midland Facility (formerly referenced as J & L Specialty Steel, Inc.—Midland Facility)’’; ‘‘Alumax Mill Products’’; ‘‘American Craft Brewery LLC’’; ‘‘American Refining Group Inc (formerly referenced as American Refining Group, Inc)’’; ‘‘American Zinc Recycling Corp (formerly referenced as Horsehead Resource Development Company, Inc)’’; ‘‘Appvion Operations, Inc.’’; ‘‘ArcelorMittal Steelton LLC (formerly referenced as Bethlehem Steel Corporation)’’; ‘‘Carpenter Technology Corporation, Reading Plt (formerly referenced as Carpenter Technology Corporation—Reading Plant)’’; ‘‘Chestnut Ridge Foam Inc (formerly referenced as Chestnut Ridge Foam, Inc.—Latrobe)’’; ‘‘East Penn Manufacturing Company, Inc., Battery Assembly’’; ‘‘General Carbide Corporation (formerly referenced as General Carbide Corp)’’; ‘‘Lord Corp Permit No. County State effective date Saegertown’’; ‘‘NLMK Pennsylvania LLC, Farrell Plt (formerly referenced as Caparo Steel Co.—Farrell)’’; ‘‘Omnova Solutions Inc.—Auburn Plant (formerly referenced as Gencorp, Inc)’’; ‘‘Pixelle Specialty Solutions LLC—Spring Grove Mill’’; ‘‘Sonneborn LLC (formerly referenced as Crompton Corporation, Fairview Township; Witco Corp— Petrolia Facility)’’; ‘‘Specialty Tires of America, Indiana Plant (formerly referenced as Specialty Tires of America, Inc)’’; ‘‘Standard Steel LLC (formerly referenced as Standard Steel Division of Freedom Forge Corp)’’; ‘‘Tennessee Gas Pipeline Co., Mercer Station 219 (formerly referenced as Tennessee Gas Pipeline Company, Station 219)’’; ‘‘Truck Accessories Group Milton Plant (formerly referenced as Truck Accessories Group East)’’; and ‘‘United Refining Co (formerly referenced as United Refining Company)’’; and ■ c. Adding an additional entry at the end of the table for ‘‘Wheatland Tube Company’’. 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 * Caparo Steel Co.—Farrell ............... * * * * OP–43–285 ............. Mercer ..................... 11/3/95 ................. * 12/20/96, 61 FR 67229 ......... * See also 52.2064(i)(14); 52.2037(g). * Carpenter Technology Corp.— Reading Plant. * * * * OP–06–1007 ........... Berks ....................... 9/27/96 ................. * 4/18/97, 62 FR 19049 ........... * See also 52.2064(i)(9). * Chestnut Ridge Foam, Inc.—Latrobe. * * * * (OP)65–000–181 ..... Westmoreland ......... 12/29/95 ............... * 10/17/01, 66 FR 52695 ......... * See also 52.2064(i)(10). * J & L Specialty Steel, Inc.—Midland Facility. * * * * (OP)04–000–013 ..... Beaver ..................... 3/23/01 ................. * 10/16/01, 66 FR 52511 ......... * See also 52.2064(i)(2). * Witco Corp.—Petrolia Facility .......... * * * * PA–10–037 .............. Butler ....................... 6/27/95 ................. * 10/17/01, 66 FR 52705 ......... * See also 52.2064(i)(17). * Armco, Inc. Butler Operations Main Plant. Armco, Inc. Butler Operations Stainless Plant. * * * * PA–10–001M ........... Butler ....................... 2/23/96 ................. * 10/15/01, 66 FR 52338 ......... * See also 52.2064(i)(1). PA–10–001S ........... 2/23/96 ................. 10/15/01, 66 FR 52338 ......... See also 52.2064(i)(1). * General Carbide Corp ..................... * * * * (OP)65–000–622 ..... Westmoreland ......... 12/29/95 ............... * 10/17/01, 66 FR 52700 ......... * See also 52.2064(i)(12). * Bethlehem Steel Corporation .......... * * * * OP–22–02012 ......... Dauphin ................... 4/9/99 ................... * 5/23/02, 67 FR 36108 ........... * See also 52.2064(i)(8). * Horsehead Resource Development Company, Inc. * * * * OP–13–0001 ........... Carbon .................... 5/16/95 ................. * 4/1/03, 68 FR 15661 ............. * See also 52.2064(i)(6). VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 PO 00000 Butler ....................... Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\26JAR1.SGM 26JAR1 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations Name of source County State effective date EPA approval date Additional explanations/ §§ 52.2063 and 52.2064 citations 1 * Crompton Corporation, Fairview Township. * * * * OP–10–037 ............. Butler ....................... 6/4/03 ................... * 5/25/04, 69 FR 29444 ........... * See also 52.2064(i)(17). * Tennessee Gas Pipeline Company, Station 219. * * * * OP–43–0272 ........... Mercer ..................... 4/7/99 ................... * 10/27/04, 69 FR 62585 ......... * See also 52.2064(i)(20). * Specialty Tires of America, Inc ....... Truck Accessories Group East ........ * * * * 32–000–065 ............ Indiana .................... 1/6/00 ................... OP–49–0005 ........... Northumberland ...... 3/26/99 ................. * 3/29/05, 70 FR 15774 ........... 3/29/05, 70 FR 15774 ........... * See also 52.2064(i)(18). See also 52.2064(i)(21). * Standard Steel Division of Freedom Forge Corp. * * * * 44–2001 .................. Mifflin ....................... 5/31/95 ................. * 3/30/05, 70 FR 16118 ........... * See also 52.2064(i)(19). * United Refining Company ............... * * * * OP–62–017 ............. Warren .................... 5/31/95, 11/14/96 * 3/31/05, 70 FR 16423 ........... * See also 52.2064(i)(22). * Wheatland Tube Company .............. * * * * OP–43–182 ............. Mercer ..................... 7/26/95 ................. * 8/24/05, 70 FR 49496 ........... * See also 52.2064(i)(23). * American Refining Group, Inc ......... * * * * OP–42–004 ............. McKean ................... 11/23/98 ............... * 6/14/06, 71 FR 34259 ........... * See also 52.2064(i)(5). * Gencorp, Inc .................................... * * * * 54–0009 .................. Schuylkill ................. 5/31/96 ................. * 6/14/06, 71 FR 34259 ........... * See also 52.2064(i)(15). * AK Steel Corp (formerly referenced as Armco, Inc. Butler Operations Main Plant; Armco, Inc. Butler Operations Stainless Plant). Allegheny and Tsingshan Stainless LLC, Midland Facility (formerly referenced as J & L Specialty Steel, Inc.—Midland Facility). Alumax Mill Products ....................... * * * * 10–00001 ................ Butler ....................... 2/25/20 ................. * 1/26/22, [insert Federal Register citation]. * 52.2064(i)(1). 04–00013 ................ Beaver ..................... 2/24/20 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(2). 36–05014 ................ Lancaster ................ 9/9/19 ................... 39–00006F .............. Lehigh ..................... 10/23/19 ............... American Refining Group Inc (formerly referenced as American Refining Group, Inc). American Zinc Recycling Corp (formerly referenced as Horsehead Resource Development Company, Inc). Appvion Operations, Inc. ................. 42–00004, 42–004K McKean ................... 1/15/20, 9/24/19 ... 1/26/22, [insert Federal Register citation]. 1/26/22, [insert Federal Register citation]. 1/26/22, [insert Federal Register citation]. 52.2064(i)(3). American Craft Brewery LLC .......... 13–00001 ................ Carbon .................... 3/25/19 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(6). 07–05001 ................ Blair ......................... 3/16/20 ................. 52.2064(i)(7). 22–05012 ................ Dauphin ................... 3/1/20 ................... 1/26/22, [insert Federal Register citation]. 1/26/22, [insert Federal Register citation]. 06–05007 ................ Berks ....................... 3/10/20 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(9). 65–00181 ................ Westmoreland ......... 1/22/20 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(10). 06–05069 ................ Berks ....................... 5/21/2019 ............. 52.2064(i)(11). 65–00622 ................ Westmoreland ......... 3/3/20 ................... 1/26/22, [insert Federal Register citation]. 1/26/22, [insert Federal Register citation]. 20–00194 ................ Crawford .................. 4/12/21 ................. 43–00310 ................ Mercer ..................... 1/22/20 ................. 54–00009 ................ Schuylkill ................. 67–05004 ................ ArcelorMittal Steelton LLC (formerly referenced as Bethlehem Steel Corporation). Carpenter Technology Corporation, Reading Plt (formerly referenced as Carpenter Technology Corporation—Reading Plant). Chestnut Ridge Foam Inc (formerly referenced as Chestnut Ridge Foam, Inc.—Latrobe). East Penn Manufacturing Company, Inc., Battery Assembly. General Carbide Corporation (formerly referenced as General Carbide Corp). Lord Corp Saegertown .................... khammond on DSKJM1Z7X2PROD with RULES Permit No. 3935 NLMK Pennsylvania LLC, Farrell Plt (formerly referenced as Caparo Steel Co.—Farrell). Omnova Solutions Inc.—Auburn Plant (formerly referenced as Gencorp, Inc). Pixelle Specialty Solutions LLC— Spring Grove Mill. Sonneborn LLC (formerly referenced as Crompton Corporation, Fairview Township; Witco Corp—Petrolia Facility). Specialty Tires of America, Indiana Plant (formerly referenced as Specialty Tires of America, Inc). VerDate Sep<11>2014 15:49 Jan 25, 2022 52.2064(i)(4). 52.2064(i)(5). 52.2064(i)(8). 52.2064(i)(12). 1/26/22, [insert Federal Register citation]. 1/26/22, [insert Federal Register citation]. 52.2064(i)(13). 6/26/18 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(15). York ......................... 4/1/20 ................... 52.2064(i)(16). 10–037I ................... Butler ....................... 9/17/19 ................. 1/26/22, [insert Federal Register citation]. 1/26/22, [insert Federal Register citation]. 32–00065 ................ Indiana .................... 1/16/19 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(18). Jkt 256001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\26JAR1.SGM 26JAR1 52.2064(i)(14). 52.2064(i)(17). 3936 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations Permit No. County State effective date EPA approval date Standard Steel LLC (formerly referenced as Standard Steel Division of Freedom Forge Corp). Tennessee Gas Pipeline Co., Mercer Station 219 (formerly referenced as Tennessee Gas Pipeline Company, Station 219). Truck Accessories Group Milton Plant (formerly referenced as Truck Accessories Group East). United Refining Co (formerly referenced as United Refining Company). Wheatland Tube Company .............. 44–05001 ................ Mifflin ....................... 8/16/19 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(19). 43–00272 ................ Mercer ..................... 1/2/19 ................... 1/26/22, [insert Federal Register citation]. 52.2064(i)(20). 49–00020 ................ Northumberland ...... 1/14/20 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(21). 62–00017 ................ Warren .................... 2/6/20 ................... 1/26/22, [insert Federal Register citation]. 52.2064(i)(22). 43–00182 ................ Mercer ..................... 3/26/19 ................. 1/26/22, [insert Federal Register citation]. 52.2064(i)(23). 1 The cross-references that are not § 52.2064 are to material that pre-date the notebook format. For more information, see § 52.2063. * * * * * 3. Amend § 52.2064 by adding paragraph (i) 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 Additional explanations/ §§ 52.2063 and 52.2064 citations 1 Name of source * * * * (i) 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 (i) are incorporated as specified. (Rulemaking Docket No. EPA–OAR–2021–0531.) (1) AK Steel Corp—Incorporating by reference Permit No. 10–00001, effective February 25, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Plan Approvals Nos. PA– 10–001M and PA–10–001S, effective February 23, 1996, except for Conditions #4 (annual stack testing requirement for the #3 Baghouse only), #10, and #15 (as it relates to Boiler #10 only) in Plan Approval No. PA–10– 001M. See also § 52.2063(c)(175)(i)(B) and (C), for prior RACT approvals. (2) Allegheny and Tsingshan Stainless LLC, Midland Facility—Incorporating by reference Permit No. 04–00013, effective February 24, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP–04–000–013, effective March 23, 2001. See also § 52.2063(c)(172)(i)(B)(10), for prior RACT approval. (3) Alumax Mill Products— Incorporating by reference Permit No. 36–05014, effective September 9, 2019, as redacted by Pennsylvania. (4) American Craft Brewery LLC— Incorporating by reference Permit No. 39–00006F, effective October 23, 2019, as redacted by Pennsylvania. (5) American Refining Group Inc— Incorporating by reference Permit No. 42–00004, effective January 15, 2020, and Plan Approval No. 42–004K, effective September 24, 2019, as VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–42–004, effective November 23, 1998, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. (6) American Zinc Recycling Corp— Incorporating by reference Permit No. 13–00001, effective March 25, 2019, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP–13–00001, effective May 16, 1995. See also § 52.2063(c)(196)(i)(B)(3), for prior RACT approval. (7) Appvion Operations, Inc.— Incorporating by reference Permit No. 07–05001, effective March 16, 2020, as redacted by Pennsylvania. (8) ArcelorMittal Steelton LLC— Incorporating by reference Permit No. 22–05012, effective March 1, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 22–02012, effective April 9, 1999, remain as RACT requirements except for Conditions 9–15 and for Condition 20 as it relates to Boilers #2 and #5, Soaking Pit Batteries #1–#3, and the 20’’ Mill Reheat Furnace. See also § 52.2063(c)(191), for prior RACT approval. (9) Carpenter Technology Corporation, Reading Plt—Incorporating by reference Permit No. 06–05007, revised March 10, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 06–1007, issued September 27, 1996, except as modified by Section E, Source Group 23 Condition No. 001 in Permit No. 06– 05007, referenced above, which remains as a RACT requirement. (10) Chestnut Ridge Foam Inc— Incorporating by reference Permit No. 65–00181, effective January 22, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP–65–000–181, effective December 29, 1995, except for Condition 8, which remains a RACT requirement. See also PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 § 52.2063(c)(170)(i)(B)(4), for prior RACT approval. (11) East Penn Manufacturing Company, Inc.—Incorporating by reference Permit No. 06–05069, revised May 21, 2019, as redacted by Pennsylvania. (12) General Carbide Corporation— Incorporating by reference Permit No. 65–00622, effective March 3, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–65–000–622, effective December 29, 1995, remain as RACT requirements. See also § 52.2063(c)(178)(i)(B)(6), for prior RACT approval. (13) Lord Corp Saegertown— Incorporating by reference Permit No. 20–00194, effective April 12, 2021, as redacted by Pennsylvania. (14) NLMK Pennsylvania LLC, Farrell Plt—Incorporating by reference Permit No. 43–00310, issued January 22, 2020 as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 43–285, effective November 3, 1995. See also § 52.2063(c)(113)(i)(B)(1), for prior RACT approval. (15) Omnova Solutions Inc.—Auburn Plant—Incorporating by reference Permit No. 54–00009, issued June 26, 2018, as redacted by PADEP. All permit conditions in the prior RACT Permit No. 54–0009, issued June 12, 1996, are superseded except for Condition No. 5(c) for the Hot Oil Furnace and Pump House Heater, which remains as a RACT requirement. See also § 52.2020(d)(1), for prior RACT approval. (16) Pixelle Specialty Solutions LLC— Spring Grove Mill—Incorporating by reference Permit No. 67–05004, effective April 1, 2020, as redacted by PADEP. (17) Sonneborn LLC—Incorporating by reference Permit No. 10–037I, effective September 17, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit Nos. OP–10–037, effective June 4, 2003, and PA–10–037, effective June 27, 1995, E:\FR\FM\26JAR1.SGM 26JAR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations remain as RACT requirements. See also § 52.2063(c)(213)(i)(B)(2) and (c)(173)(i)(B)(2), for prior RACT approvals. (18) Specialty Tires of America, Indiana Plant—Incorporating by reference Permit No. 32–00065, effective January 16, 2019, as redacted by Pennsylvania, which supersedes Permit No. 32–000–065, effective January 1, 2000 except for short term VOC limits for Source 103 and short and annual limits for Sources 101, 102, and 104 in Condition 5, which remain as RACT. See also § 52.2020(d)(1), for prior RACT approval. (19) Standard Steel LLC— Incorporating by reference Permit No. 44–05001, effective August 16, 2019, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 44–2001, effective May 31, 1995, except for Conditions 4, 5 (as it applies to the three continuous conveyors Nos. AFM 8138, AFM 8139, and AFM 8139 [Source IDs 201, 201B, and 201C] only), 6, 7, 9, 10, 11, 12, 13, 14, 16 (as it applies to 7465 150 HP Boiler 7466 500 HP Boiler, and 7467 300 HP Boiler [Source IDs 032, 037, and 038] only). See also § 52.2020(d)(1), for prior RACT approval. (20) Tennessee Gas Pipeline Co., Mercer Station 219—Incorporating by reference Permit No. 43–00272, effective January 2, 2019, as redacted by Pennsylvania. Previously incorporated Permit No. 43–0272, effective April 7, 1999, remains as RACT, except for Condition 3 requirements for retarding ignition timing of the six 1100 bhp Cooper-Bessemer GMV–10TF engines (Sources 131, 132, 133, 134, 135, and 136) and five 1350 bhp CooperBessemer GMV10 engines (Sources 139, 140, 141, 142, and 143) and Condition 5 pound per hour limits for the six 1100 bhp Cooper-Bessemer GMV–10TF engines (Sources 131, 132, 133, 134, 135, and 136), two 1350 bhp CooperBessemer GMV 10TFS engines (Sources 137 and 138), and five 1350 bhp CooperBessemer GMV10 engines (Sources 139, 140, 141, 142, and 143), which are superseded. See also § 52.2063(c)(218)(i)(B)(2), for prior RACT approval. (21) Truck Accessories Group Milton Plant—Incorporating by reference Permit No. 49–00020, effective January 14, 2020, as redacted by Pennsylvania, in addition to the prior RACT Permit No. 54–0041, Permit No. OP–49–0005, effective March 26, 1999, which also remains as RACT. See also § 52.2020(d)(1), for prior RACT approval. (22) United Refining Co— Incorporating by reference Permit No. VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 62–00017, effective February 6, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP–62–017, effective November 14, 1996, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. (23) Wheatland Tube Company— Incorporating by reference Permit No. 43–00182, issued June 9, 2015, revised and effective March 26, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 43–182, issued July 26, 1995, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval. [FR Doc. 2021–27233 Filed 1–25–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2020–0054; FRL–9352–01– OCSPP] Thiabendazole; Pesticide Tolerances; Technical Correction Environmental Protection Agency (EPA). ACTION: Correcting amendment. AGENCY: EPA issued a final rule in the Federal Register of August 30, 2021, establishing tolerances for residues of thiabendazole in or on multiple commodities requested by the Interregional Research Project Number 4 (IR–4) under the Federal Food, Drug, and Cosmetic Act (FFDCA). That document inadvertently instructed the Federal Register to remove four tolerances that should have been revised and to delete two footnotes concerning other tolerances. This document corrects the final regulation. As a housekeeping measure, it also removes two tolerances that expired in 2017. DATES: This correction is effective January 26, 2022. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2020–0054, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 3937 and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health emergency, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305– 7090; email address: RDFRNotices@ epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? The Agency included in the August 30, 2021 final rule a list of those who may be potentially affected by this action. II. What do these corrections do? EPA issued a final rule in the Federal Register of August 30, 2021 (86 FR 48308) (FRL–8750–02–OCSPP) that established tolerances for residues of thiabendazole in or on multiple commodities and removed some tolerances in response to a petition filed by IR–4. EPA inadvertently directed the Federal Register to remove entries to the table in paragraph (a)(1) of 40 CFR 180.242 for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup 5A’’; and ‘‘Vegetable, root (except sugarbeet), subgroup 1B’’. The instructions should have directed the Federal Register to revise the entries for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup 5A’’; and ‘‘Vegetable, root (except sugarbeet), subgroup 1B’’ by adding a new footnote to the table indicating that these tolerances expire on February 28, 2022, which is six months after the August 30, 2021 final rule published. Maintaining these tolerances for six months is necessary to comply with the World Trade Organization’s Sanitary and Phytosanitary Measures Agreement, as explained in the August 30, 2021 final rule (see 86 FR 48313). In addition, EPA inadvertently directed the Federal Register to revise footnote 1 and delete footnote 2 to the table in paragraph (a)(1) of 40 CFR 180.242. The instructions should have directed the Federal Register to add a new footnote indicating that the tolerances for ‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; ‘‘Brassica, head and stem, subgroup E:\FR\FM\26JAR1.SGM 26JAR1

Agencies

[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Rules and Regulations]
[Pages 3929-3937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27233]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0531; FRL-9289-02-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 23 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 23 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 25, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0531. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact

[[Page 3930]]

the person identified in the FOR FURTHER INFORMATION CONTACT section 
for additional availability information.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On August 24, 2021, EPA published a notice of proposed rulemaking 
(NPRM). 86 FR 47270. In the NPRM, EPA proposed approval of case-by-case 
RACT determinations or alternative NOX emissions limits for 
sources at 23 facilities, as EPA found that the RACT controls for these 
sources met the CAA RACT requirements for the 1997 and 2008 8-hour 
ozone NAAQS. These case-by-case RACT determinations or alternative 
NOX emissions limits for sources at these facilities were 
included in PADEP's May 7, 2020 SIP submission. As indicated in the 
NPRM, EPA views each facility as a separable SIP revision.
    Under certain circumstances, states are required to submit SIP 
revisions to address RACT requirements for both major sources of 
NOX and VOC and any source covered by control technique 
guidelines (CTG), for each ozone NAAQS. Which NOX and VOC 
sources in Pennsylvania are considered ``major,'' and are therefore 
subject to RACT, is dependent on the location of each source within the 
Commonwealth. Sources located in nonattainment areas would be subject 
to the ``major source'' definitions established under the CAA based on 
the area's current classification(s). In Pennsylvania, sources located 
in any ozone nonattainment areas outside of moderate or above are 
subject to source thresholds of 50 tons per year (tpy) because of the 
Ozone Transport Region (OTR) requirements in CAA section 184(b)(2).
    On May 16, 2016, PADEP submitted a SIP revision addressing RACT for 
both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEP's May 
16, 2016 SIP revision intended to address certain outstanding non-CTG 
VOC RACT, VOC CTG RACT, and major source VOC and NOX RACT 
requirements for both standards. The SIP revision requested approval of 
Pennsylvania's 25 Pa. Code 129.96-100, Additional RACT Requirements for 
Major Sources of NOX and VOCs (the ``presumptive'' RACT II rule). Prior 
to the adoption of the RACT II rule, Pennsylvania relied on the 
NOX and VOC control measures in 25 Pa. Code 129.92-95, 
Stationary Sources of NOX and VOCs, (the RACT I rule) to meet RACT for 
non-CTG major VOC sources and major NOX sources. The 
requirements of the RACT I rule remain as previously approved in 
Pennsylvania's SIP and continue to be implemented as RACT.\1\ On 
September 26, 2017, PADEP submitted a letter, dated September 22, 2017, 
which committed to address various deficiencies identified by EPA in 
PADEP's May 16, 2016 ``presumptive'' RACT II rule SIP revision.
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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 RACT II rule, 
certain source-specific RACT I requirements will be superseded by 
more stringent requirements. See Section II of the preamble to this 
final rule.
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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 
rulemaking 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 whether the aggregate 
NOX emissions emitted by the air contamination sources 
included in the facility-wide or system-wide NOX emissions 
averaging plan using a 30-day rolling average are greater than the 
NOX emissions that would be emitted by the group of included 
sources if each source complied with the applicable presumptive 
limitation in 25 Pa. Code 129.97 on a source-specific basis.
    Here, EPA is approving SIP revisions pertaining to case-by-case 
RACT requirements and/or alternative NOX emissions limits for sources 
at 23 major NOX and/or VOC emitting facilities in Pennsylvania, as 
summarized in Table 1 in this document.

[[Page 3931]]



       Table 1--Twenty-Three 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
                                  1-Hour ozone RACT    pollutant  (NOX
     Major source  (county)       source?  (RACT I)      and/or VOC)         RACT II permit (effective date)
 
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AK Steel Corp (formerly Armco,   Yes...............  NOX and VOC.......  10-00001 (2/25/2020)
 Inc. Butler Operations Main
 Plant; Armco, Inc. Butler
 Operations Stainless Plant)
 (Butler).
Allegheny and Tsingshan          Yes...............  NOX and VOC.......  04-00013 (2/24/2020)
 Stainless LLC, Midland
 Facility (formerly J & L
 Specialty Steel, Inc.--Midland
 Facility) (Beaver).
Alumax Mill Products             Yes...............  NOX and VOC.......  36-05014 (9/9/2019)
 (Lancaster).
American Craft Brewery LLC       Yes...............  NOX and VOC.......  39-00006F (10/23/2019)
 (Lehigh).
American Refining Group Inc      Yes...............  NOX and VOC.......  42-00004 (1/15/2020) and 42-004K (9/24/
 (formerly American Refining                                              2019)
 Group, Inc) (McKean).
American Zinc Recycling Corp     Yes...............  NOX...............  13-00001 (3/25/2019)
 (formerly Horsehead Resource
 Development Company, Inc)
 (Carbon).
Appvion Operations, Inc.         Yes...............  NOX and VOC.......  07-05001 (3/16/2020)
 (Blair).
ArcelorMittal Steelton LLC       Yes...............  NOX and VOC.......  22-05012 (3/1/2020)
 (formerly Bethlehem Steel
 Corporation) (Dauphin).
Carpenter Technology             Yes...............  NOX and VOC.......  06-05007 (3/10/2020)
 Corporation, Reading Plt
 (formerly Carpenter Technology
 Corporation--Reading Plant)
 (Berks).
Chestnut Ridge Foam Inc          Yes...............  VOC...............  65-00181 (1/22/2020)
 (formerly Chestnut Ridge Foam,
 Inc.--Latrobe) (Westmoreland).
East Penn Manufacturing          Yes...............  NOX and VOC.......  06-05069 (5/21/2019)
 Company, Inc., Battery
 Assembly (Berks).
General Carbide Corporation      Yes...............  VOC...............  65-00622 (3/3/2020)
 (formerly General Carbide
 Corp) (Westmoreland).
Lord Corp Saegertown (Crawford)  Yes...............  VOC...............  20-00194 (4/12/2021)
NLMK Pennsylvania LLC, Farrell   Yes...............  NOX and VOC.......  43-00310 (1/22/2020)
 Plt (formerly Caparo Steel
 Co.--Farrell) (Mercer).
Omnova Solutions Inc.--Auburn    Yes...............  VOC...............  54-00009 (6/26/2018)
 Plant (formerly Gencorp, Inc)
 (Schuylkill).
Pixelle Specialty Solutions      Yes...............  NOX and VOC.......  67-05004 (4/1/2020)
 LLC--Spring Grove Mill (York).
Sonneborn LLC (formerly          Yes...............  NOX and VOC.......  10-037I (9/17/2019)
 Crompton Corporation, Fairview
 Township; Witco Corp--Petrolia
 Facility) (Butler).
Specialty Tires of America,      Yes...............  VOC...............  32-00065 (1/16/2019)
 Indiana Plant (formerly
 Specialty Tires of America,
 Inc) (Indiana).
Standard Steel LLC (formerly     Yes...............  NOX and VOC.......  44-05001 (8/16/2019)
 Standard Steel Division of
 Freedom Forge Corp) (Mifflin).
Tennessee Gas Pipeline Co.,      Yes...............  NOX and VOC.......  43-00272 (1/2/2019)
 Mercer Station 219 (formerly
 Tennessee Gas Pipeline
 Company, Station 219) (Mercer).
Truck Accessories Group Milton   Yes...............  VOC...............  49-00020 (1/14/2020)
 Plant (formerly Truck
 Accessories Group East)
 (Northumberland).
United Refining Co (formerly     Yes...............  NOX and VOC.......  62-00017 (2/6/2020)
 United Refining Company)
 (Warren).
Wheatland Tube Company (Mercer)  Yes...............  NOX...............  43-00182 (3/26/2019)
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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-2021-0531.\4\ EPA is incorporating by reference in the 
Pennsylvania SIP, via the RACT II permits, source-specific RACT 
emissions limits and control measures and/or alternative NOX 
emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain 
major sources of NOX and VOC emissions.
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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 23 major 
NOX and/or VOC emitting facilities in Pennsylvania, EPA 
found that: (1) PADEP's case-by-case RACT

[[Page 3932]]

determinations and conclusions establish limits and/or controls on 
individual sources that are reasonable and appropriately considered 
technically and economically feasible controls; (2) PADEP's 
determinations on alternative NOX emissions limits 
demonstrate that emissions under the averaging plan are equivalent to 
emissions if the individual sources were operating in accordance with 
the applicable presumptive limit; and (3) PADEP's determinations are 
consistent with the CAA, EPA regulations, and applicable EPA guidance.
    PADEP, in its RACT II determinations, considered the prior source-
specific RACT I requirements and, where more stringent, retained those 
RACT I requirements as part of its new RACT determinations. In the 
NPRM, EPA proposed to find that all the proposed revisions to 
previously SIP-approved RACT I requirements would result in equivalent 
or additional reductions of NOX and/or VOC emissions. The 
proposed revisions should not interfere with any applicable 
requirements concerning attainment of the NAAQS, reasonable further 
progress, or other applicable requirements under section 110(l) of the 
CAA.
    Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS 
case-by-case RACT determinations and alternative NOX 
emissions limits and the rationale for EPA's proposed action are 
explained more thoroughly in the NPRM, and its associated technical 
support document (TSD), and will not be restated here.

III. Public Comments and EPA Responses

    EPA received one comment on the August 24, 2021 NPRM. 86 FR 47270. 
A summary of the comment and EPA's response are discussed in this 
section. A copy of the comment can be found in the docket for this rule 
action.
    Comment 1: The commenter, on behalf of Sonneborn LLC, requests that 
EPA, as part of this rule action, remove the previously approved, RACT 
I NOX emission limits for Boiler 7 (Source ID 034), Boiler 
12 (Source ID 033), and Boiler 14 (Source ID 032) from the Pennsylvania 
SIP or confirm in writing that the RACT I NOX emission 
limits for the three sources are deleted from the Pennsylvania SIP by 
operation of law. The commenter asserts that removing the RACT I 
NOX emission limits for these three sources from the 
Pennsylvania SIP ``will avoid conflicting SIP (and permit) limits that 
apply to the same sources.'' The commenter asserts that the current 
NOX emission limits for the three sources, which are 
complying with presumptive NOX RACT II, are more stringent 
than the previously approved RACT I NOX emission limits 
found in the Pennsylvania SIP.
    Response 1: As identified by the commenter, the RACT I 
NOX emission limits for Sonneborn's Boilers 7, 12, and 14 
were incorporated into the Pennsylvania SIP in 2001.\5\ The RACT I 
limits were contained in Plan Approval No. PA-10-037, effective June 
27, 1995 (formerly Witco Corp, Petrolia Facility), which is part of the 
record for this docket. The RACT I emission limits were later modified 
in a subsequent SIP revision that was also incorporated into the SIP 
through Operating Permit No. OP-10-37, effective June 4, 2003 (formerly 
Crompton Corporation, Fairview Township). 69 FR 29444 (May 24, 
2004).\6\ The RACT I NOX emission limits included in the SIP 
are as follows:
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    \5\ In the comment, the commenter states that the RACT I 
emission limits for the three boilers in question were incorporated 
into the SIP on August 21, 2001. 66 FR 43779, 43782. In order to 
clarify the record, EPA notes that the August 21, 2001 rulemaking 
referenced by the commenter was a direct final rule. When EPA 
received public comments on the rule, EPA withdrew the direct final 
rule and acted pursuant to a related proposed rulemaking that was 
noticed at the same time as the direct final rule. 66 FR 43822 
(August 21, 2001). Subsequently, on October 17, 2001, EPA responded 
to the public comments and finalized its approval of the emission 
limits for the three boilers, which at that time were part of the 
Witco Corp, Petrolia Facility, a former owner of the Sonneborn 
facility. 66 FR 52705.
    \6\ Permit OP-10-37, effective June 4, 2003, can be viewed at 
https://www.epa.gov/sips-pa/pennsylvania-sip-source-specific-requirement-crompton-corporation-fairview-township.
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     Boiler 7: 0.180 lb/MMBtu when burning natural gas; \7\ 
0.40 lb/MMBtu when burning oil; \8\ 53.1 tpy \9\
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    \7\ OP-10-37, effective June 4, 2003, Condition 3 and PA-10-037, 
effective June 27, 1995, Condition 6.
    \8\ OP-10-37, effective June 4, 2003, Condition 3.
    \9\ PA-10-037, effective June 27, 1995, Condition 6.
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     Boiler 12: \10\ 0.180 lb/MMBtu when burning natural gas; 
0.40 lb/MMBtu when burning oil; 40.9 tpy
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    \10\ Id.
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     Boiler 14: \11\ 0.180 lb/MMBtu; 32.3 tpy
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    \11\ Id.
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    Under RACT II, PADEP established new presumptive RACT II limits for 
a variety of sources, which were approved by EPA and incorporated into 
the SIP on May 9, 2019. 84 FR 20274. Among the RACT II presumptive 
limits were those related to certain combustion sources. 25 Pa. Code 
129.97(g). Sonneborn's Boilers 7, 12, and 14 are now subject to the 
limits in these presumptive standards. 25 Pa. Code 129.97(g)(1)(i)-
(iii). The commenter is correct that the lb/MMBtu NOX 
emission limits applicable to Boilers 7, 12, and 14 under the 
presumptive NOX RACT II requirements are more stringent than 
the lb/MMBtu NOX emission limits currently found in the 
Pennsylvania SIP for these three sources, which were established under 
RACT I. The presumptive NOX RACT II limits are as follows:
     Boiler 7: 0.10 lb/MMBtu when burning natural gas; 0.12 lb/
MMBtu when burning distillate oil,
     Boiler 12: 0.10 lb/MMBtu when burning natural gas; 0.20 
lb/MMBtu when burning residual oil, and
     Boiler 14: 0.10 lb/MMBtu.\12\
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    \12\ 25 Pa. Code 129.97(g)(1)(i)-(iii).
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    However, the RACT I NOX emission limits for these 
boilers, which are part of the SIP, also include annual (tpy) limits--
(53.1 tpy--Boiler 7, 40.9 tpy--Boiler 12, and 32.3 tpy--Boiler 14).\13\ 
The new presumptive NOX RACT II requirements do not include 
any annual limits. They only establish lb/MMBtu emission limits for 
NOX. The commenter has not explained how the new presumptive 
RACT II limits are more stringent than these SIP-approved annual 
limits.
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    \13\ See Plan Approval 10-037I, which is part of the record for 
this docket.
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    EPA disagrees with the commenter's request that the NOX 
emission limits (either the lb/MMBtu or the annual limits) for Boilers 
7, 12, and 14 established under RACT I should be removed from the SIP 
or deleted from the SIP by operation of law. EPA can only approve or 
disapprove what has been formally submitted by a state. As the court 
recognized in Concerned Citizens of Bridesburg, a state has the primary 
control over the terms to be included in its SIP and EPA's authority to 
reject a SIP submittal is limited. Concerned Citizens of Bridesburg v. 
EPA, 836 F. 2d 777 (3rd Cir. 1987). EPA must approve a SIP revision if 
it meets the general requirements of CAA section 7410(a)(2). Id. The 
SIP revision for Sonneborn submitted by PADEP to EPA on May 7, 2020 
primarily seeks to add case-by-case RACT II requirements for three 
sources at the facility (not Boilers 7, 12, and 14). In response to an 
EPA comment during the state public comment period questioning the 
status of the facility's RACT I limits, PADEP specifically stated that 
the ``RACT I requirements will remain in effect and will remain in the 
facility's operating permit. No requirement removed is proposed. The 
most stringent requirements are always enforced whenever any redundancy 
occurs.'' \14\
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    \14\ See PADEP Memo, ``10-037H, Plan Approval Draft, Comments of 
RACT Proposal, dated 06/28/2018, Sonneborn, LLC--Petrolia Facility, 
Petrolia Borough/Fairfield Township, Butler County,'' dated July 25, 
2018, which is part of the record for this docket.

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[[Page 3933]]

    The choice of what to propose for inclusion in the Pennsylvania SIP 
is under the control of PADEP. EPA can only act upon what has been 
formally submitted to it by the state. In this circumstance, PADEP's 
SIP revision for Sonneborn included new case-by-case RACT II 
determinations for several sources for incorporation into the 
Pennsylvania SIP with an explicit statement that all RACT I 
requirements would be retained. PADEP's SIP submittal for the facility 
is consistent with Pennsylvania's RACT program and the CAA and is 
approvable. Therefore, EPA will finalize its approval of the SIP 
revision for Sonneborn as proposed.
    Should PADEP wish to address the commenter's concerns over the 
continued inclusion of RACT I requirements for Sonneborn in the SIP, 
PADEP would need to submit to EPA another SIP revision in the future, 
proposing to remove the prior, less stringent RACT I NOX 
emission limits for Boilers 7, 12, and 14 from the Pennsylvania SIP. If 
PADEP does submit such a SIP revision in the future, it would be 
subject to an evaluation under CAA section 110(l), which prohibits EPA 
from approving any SIP revisions that would interfere with applicable 
requirements concerning attainment, reasonable further progress, or 
other CAA requirements.

IV. Final Action

    EPA is approving case-by-case RACT determinations and/or 
alternative NOX emissions limits for 23 sources in 
Pennsylvania, as required to meet obligations pursuant to the 1997 and 
2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations and alternative NOX emissions 
limits under the 1997 and 2008 8-hour ozone NAAQS for certain major 
sources of VOC and NOX in Pennsylvania. EPA has made, and 
will continue to make, these materials generally available through 
https://www.regulations.gov and at the EPA Region III Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rule of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\15\
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    \15\ 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 23 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.


[[Page 3934]]


    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 ``Caparo Steel Co.--Farrell''; ``Carpenter 
Technology Corp.--Reading Plant''; ``Chestnut Ridge Foam, Inc.--
Latrobe''; ``J & L Specialty Steel, Inc.--Midland Facility''; ``Witco 
Corp.--Petrolia Facility''; ``Armco, Inc. Butler Operations Main 
Plant''; ``Armco, Inc. Butler Operations Stainless Plant''; ``General 
Carbide Corp''; ``Bethlehem Steel Corporation''; ``Horsehead Resource 
Development Company, Inc''; ``Crompton Corporation, Fairview 
Township''; ``Tennessee Gas Pipeline Company, Station 219''; 
``Specialty Tires of America, Inc''; ``Truck Accessories Group East''; 
``Standard Steel Division of Freedom Forge Corp''; ``United Refining 
Company'' (Permit No. OP-62-017); ``Wheatland Tube Company''; 
``American Refining Group, Inc''; and ``Gencorp, Inc'';
0
b. Adding entries at the end of the table for ``AK Steel Corp (formerly 
referenced as Armco, Inc. Butler Operations Main Plant; Armco, Inc. 
Butler Operations Stainless Plant)''; ``Allegheny and Tsingshan 
Stainless LLC, Midland Facility (formerly referenced as J & L Specialty 
Steel, Inc.--Midland Facility)''; ``Alumax Mill Products''; ``American 
Craft Brewery LLC''; ``American Refining Group Inc (formerly referenced 
as American Refining Group, Inc)''; ``American Zinc Recycling Corp 
(formerly referenced as Horsehead Resource Development Company, Inc)''; 
``Appvion Operations, Inc.''; ``ArcelorMittal Steelton LLC (formerly 
referenced as Bethlehem Steel Corporation)''; ``Carpenter Technology 
Corporation, Reading Plt (formerly referenced as Carpenter Technology 
Corporation--Reading Plant)''; ``Chestnut Ridge Foam Inc (formerly 
referenced as Chestnut Ridge Foam, Inc.--Latrobe)''; ``East Penn 
Manufacturing Company, Inc., Battery Assembly''; ``General Carbide 
Corporation (formerly referenced as General Carbide Corp)''; ``Lord 
Corp Saegertown''; ``NLMK Pennsylvania LLC, Farrell Plt (formerly 
referenced as Caparo Steel Co.--Farrell)''; ``Omnova Solutions Inc.--
Auburn Plant (formerly referenced as Gencorp, Inc)''; ``Pixelle 
Specialty Solutions LLC--Spring Grove Mill''; ``Sonneborn LLC (formerly 
referenced as Crompton Corporation, Fairview Township; Witco Corp--
Petrolia Facility)''; ``Specialty Tires of America, Indiana Plant 
(formerly referenced as Specialty Tires of America, Inc)''; ``Standard 
Steel LLC (formerly referenced as Standard Steel Division of Freedom 
Forge Corp)''; ``Tennessee Gas Pipeline Co., Mercer Station 219 
(formerly referenced as Tennessee Gas Pipeline Company, Station 219)''; 
``Truck Accessories Group Milton Plant (formerly referenced as Truck 
Accessories Group East)''; and ``United Refining Co (formerly 
referenced as United Refining Company)''; and
0
c. Adding an additional entry at the end of the table for ``Wheatland 
Tube Company''.
    The revisions and additions read as follows:


Sec.  52.2020  Identification of plan.

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Additional
                                                                                                                                      explanations/Sec.
          Name of source                    Permit No.                 County           State effective date     EPA approval date    Sec.   52.2063 and
                                                                                                                                      52.2064 citations
                                                                                                                                             \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Caparo Steel Co.--Farrell........  OP-43-285..................  Mercer..............  11/3/95.................  12/20/96, 61 FR      See also
                                                                                                                 67229.               52.2064(i)(14);
                                                                                                                                      52.2037(g).
 
                                                                      * * * * * * *
Carpenter Technology Corp.--       OP-06-1007.................  Berks...............  9/27/96.................  4/18/97, 62 FR       See also
 Reading Plant.                                                                                                  19049.               52.2064(i)(9).
 
                                                                      * * * * * * *
Chestnut Ridge Foam, Inc.--        (OP)65-000-181.............  Westmoreland........  12/29/95................  10/17/01, 66 FR      See also
 Latrobe.                                                                                                        52695.               52.2064(i)(10).
 
                                                                      * * * * * * *
J & L Specialty Steel, Inc.--      (OP)04-000-013.............  Beaver..............  3/23/01.................  10/16/01, 66 FR      See also
 Midland Facility.                                                                                               52511.               52.2064(i)(2).
 
                                                                      * * * * * * *
Witco Corp.--Petrolia Facility...  PA-10-037..................  Butler..............  6/27/95.................  10/17/01, 66 FR      See also
                                                                                                                 52705.               52.2064(i)(17).
 
                                                                      * * * * * * *
Armco, Inc. Butler Operations      PA-10-001M.................  Butler..............  2/23/96.................  10/15/01, 66 FR      See also
 Main Plant.                                                                                                     52338.               52.2064(i)(1).
Armco, Inc. Butler Operations      PA-10-001S.................  Butler..............  2/23/96.................  10/15/01, 66 FR      See also
 Stainless Plant.                                                                                                52338.               52.2064(i)(1).
 
                                                                      * * * * * * *
General Carbide Corp.............  (OP)65-000-622.............  Westmoreland........  12/29/95................  10/17/01, 66 FR      See also
                                                                                                                 52700.               52.2064(i)(12).
 
                                                                      * * * * * * *
Bethlehem Steel Corporation......  OP-22-02012................  Dauphin.............  4/9/99..................  5/23/02, 67 FR       See also
                                                                                                                 36108.               52.2064(i)(8).
 
                                                                      * * * * * * *
Horsehead Resource Development     OP-13-0001.................  Carbon..............  5/16/95.................  4/1/03, 68 FR 15661  See also
 Company, Inc.                                                                                                                        52.2064(i)(6).
 

[[Page 3935]]

 
                                                                      * * * * * * *
Crompton Corporation, Fairview     OP-10-037..................  Butler..............  6/4/03..................  5/25/04, 69 FR       See also
 Township.                                                                                                       29444.               52.2064(i)(17).
 
                                                                      * * * * * * *
Tennessee Gas Pipeline Company,    OP-43-0272.................  Mercer..............  4/7/99..................  10/27/04, 69 FR      See also
 Station 219.                                                                                                    62585.               52.2064(i)(20).
 
                                                                      * * * * * * *
Specialty Tires of America, Inc..  32-000-065.................  Indiana.............  1/6/00..................  3/29/05, 70 FR       See also
                                                                                                                 15774.               52.2064(i)(18).
Truck Accessories Group East.....  OP-49-0005.................  Northumberland......  3/26/99.................  3/29/05, 70 FR       See also
                                                                                                                 15774.               52.2064(i)(21).
 
                                                                      * * * * * * *
Standard Steel Division of         44-2001....................  Mifflin.............  5/31/95.................  3/30/05, 70 FR       See also
 Freedom Forge Corp.                                                                                             16118.               52.2064(i)(19).
 
                                                                      * * * * * * *
United Refining Company..........  OP-62-017..................  Warren..............  5/31/95, 11/14/96.......  3/31/05, 70 FR       See also
                                                                                                                 16423.               52.2064(i)(22).
 
                                                                      * * * * * * *
Wheatland Tube Company...........  OP-43-182..................  Mercer..............  7/26/95.................  8/24/05, 70 FR       See also
                                                                                                                 49496.               52.2064(i)(23).
 
                                                                      * * * * * * *
American Refining Group, Inc.....  OP-42-004..................  McKean..............  11/23/98................  6/14/06, 71 FR       See also
                                                                                                                 34259.               52.2064(i)(5).
 
                                                                      * * * * * * *
Gencorp, Inc.....................  54-0009....................  Schuylkill..........  5/31/96.................  6/14/06, 71 FR       See also
                                                                                                                 34259.               52.2064(i)(15).
 
                                                                      * * * * * * *
AK Steel Corp (formerly            10-00001...................  Butler..............  2/25/20.................  1/26/22, [insert     52.2064(i)(1).
 referenced as Armco, Inc. Butler                                                                                Federal Register
 Operations Main Plant; Armco,                                                                                   citation].
 Inc. Butler Operations Stainless
 Plant).
Allegheny and Tsingshan Stainless  04-00013...................  Beaver..............  2/24/20.................  1/26/22, [insert     52.2064(i)(2).
 LLC, Midland Facility (formerly                                                                                 Federal Register
 referenced as J & L Specialty                                                                                   citation].
 Steel, Inc.--Midland Facility).
Alumax Mill Products.............  36-05014...................  Lancaster...........  9/9/19..................  1/26/22, [insert     52.2064(i)(3).
                                                                                                                 Federal Register
                                                                                                                 citation].
American Craft Brewery LLC.......  39-00006F..................  Lehigh..............  10/23/19................  1/26/22, [insert     52.2064(i)(4).
                                                                                                                 Federal Register
                                                                                                                 citation].
American Refining Group Inc        42-00004, 42-004K..........  McKean..............  1/15/20, 9/24/19........  1/26/22, [insert     52.2064(i)(5).
 (formerly referenced as American                                                                                Federal Register
 Refining Group, Inc).                                                                                           citation].
American Zinc Recycling Corp       13-00001...................  Carbon..............  3/25/19.................  1/26/22, [insert     52.2064(i)(6).
 (formerly referenced as                                                                                         Federal Register
 Horsehead Resource Development                                                                                  citation].
 Company, Inc).
Appvion Operations, Inc..........  07-05001...................  Blair...............  3/16/20.................  1/26/22, [insert     52.2064(i)(7).
                                                                                                                 Federal Register
                                                                                                                 citation].
ArcelorMittal Steelton LLC         22-05012...................  Dauphin.............  3/1/20..................  1/26/22, [insert     52.2064(i)(8).
 (formerly referenced as                                                                                         Federal Register
 Bethlehem Steel Corporation).                                                                                   citation].
Carpenter Technology Corporation,  06-05007...................  Berks...............  3/10/20.................  1/26/22, [insert     52.2064(i)(9).
 Reading Plt (formerly referenced                                                                                Federal Register
 as Carpenter Technology                                                                                         citation].
 Corporation--Reading Plant).
Chestnut Ridge Foam Inc (formerly  65-00181...................  Westmoreland........  1/22/20.................  1/26/22, [insert     52.2064(i)(10).
 referenced as Chestnut Ridge                                                                                    Federal Register
 Foam, Inc.--Latrobe).                                                                                           citation].
East Penn Manufacturing Company,   06-05069...................  Berks...............  5/21/2019...............  1/26/22, [insert     52.2064(i)(11).
 Inc., Battery Assembly.                                                                                         Federal Register
                                                                                                                 citation].
General Carbide Corporation        65-00622...................  Westmoreland........  3/3/20..................  1/26/22, [insert     52.2064(i)(12).
 (formerly referenced as General                                                                                 Federal Register
 Carbide Corp).                                                                                                  citation].
Lord Corp Saegertown.............  20-00194...................  Crawford............  4/12/21.................  1/26/22, [insert     52.2064(i)(13).
                                                                                                                 Federal Register
                                                                                                                 citation].
NLMK Pennsylvania LLC, Farrell     43-00310...................  Mercer..............  1/22/20.................  1/26/22, [insert     52.2064(i)(14).
 Plt (formerly referenced as                                                                                     Federal Register
 Caparo Steel Co.--Farrell).                                                                                     citation].
Omnova Solutions Inc.--Auburn      54-00009...................  Schuylkill..........  6/26/18.................  1/26/22, [insert     52.2064(i)(15).
 Plant (formerly referenced as                                                                                   Federal Register
 Gencorp, Inc).                                                                                                  citation].
Pixelle Specialty Solutions LLC--  67-05004...................  York................  4/1/20..................  1/26/22, [insert     52.2064(i)(16).
 Spring Grove Mill.                                                                                              Federal Register
                                                                                                                 citation].
Sonneborn LLC (formerly            10-037I....................  Butler..............  9/17/19.................  1/26/22, [insert     52.2064(i)(17).
 referenced as Crompton                                                                                          Federal Register
 Corporation, Fairview Township;                                                                                 citation].
 Witco Corp--Petrolia Facility).
Specialty Tires of America,        32-00065...................  Indiana.............  1/16/19.................  1/26/22, [insert     52.2064(i)(18).
 Indiana Plant (formerly                                                                                         Federal Register
 referenced as Specialty Tires of                                                                                citation].
 America, Inc).

[[Page 3936]]

 
Standard Steel LLC (formerly       44-05001...................  Mifflin.............  8/16/19.................  1/26/22, [insert     52.2064(i)(19).
 referenced as Standard Steel                                                                                    Federal Register
 Division of Freedom Forge Corp).                                                                                citation].
Tennessee Gas Pipeline Co.,        43-00272...................  Mercer..............  1/2/19..................  1/26/22, [insert     52.2064(i)(20).
 Mercer Station 219 (formerly                                                                                    Federal Register
 referenced as Tennessee Gas                                                                                     citation].
 Pipeline Company, Station 219).
Truck Accessories Group Milton     49-00020...................  Northumberland......  1/14/20.................  1/26/22, [insert     52.2064(i)(21).
 Plant (formerly referenced as                                                                                   Federal Register
 Truck Accessories Group East).                                                                                  citation].
United Refining Co (formerly       62-00017...................  Warren..............  2/6/20..................  1/26/22, [insert     52.2064(i)(22).
 referenced as United Refining                                                                                   Federal Register
 Company).                                                                                                       citation].
Wheatland Tube Company...........  43-00182...................  Mercer..............  3/26/19.................  1/26/22, [insert     52.2064(i)(23).
                                                                                                                 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 (i) 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).

* * * * *
    (i) 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 (i) are incorporated as specified. (Rulemaking 
Docket No. EPA-OAR-2021-0531.)
    (1) AK Steel Corp--Incorporating by reference Permit No. 10-00001, 
effective February 25, 2020, as redacted by Pennsylvania, which 
supersedes the prior RACT Plan Approvals Nos. PA-10-001M and PA-10-
001S, effective February 23, 1996, except for Conditions #4 (annual 
stack testing requirement for the #3 Baghouse only), #10, and #15 (as 
it relates to Boiler #10 only) in Plan Approval No. PA-10-001M. See 
also Sec.  52.2063(c)(175)(i)(B) and (C), for prior RACT approvals.
    (2) Allegheny and Tsingshan Stainless LLC, Midland Facility--
Incorporating by reference Permit No. 04-00013, effective February 24, 
2020, as redacted by Pennsylvania, which supersedes the prior RACT 
Permit No. OP-04-000-013, effective March 23, 2001. See also Sec.  
52.2063(c)(172)(i)(B)(10), for prior RACT approval.
    (3) Alumax Mill Products--Incorporating by reference Permit No. 36-
05014, effective September 9, 2019, as redacted by Pennsylvania.
    (4) American Craft Brewery LLC--Incorporating by reference Permit 
No. 39-00006F, effective October 23, 2019, as redacted by Pennsylvania.
    (5) American Refining Group Inc--Incorporating by reference Permit 
No. 42-00004, effective January 15, 2020, and Plan Approval No. 42-
004K, effective September 24, 2019, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. OP-42-004, effective 
November 23, 1998, remain as RACT requirements. See also Sec.  
52.2020(d)(1), for prior RACT approval.
    (6) American Zinc Recycling Corp--Incorporating by reference Permit 
No. 13-00001, effective March 25, 2019, as redacted by Pennsylvania, 
which supersedes the prior RACT Permit No. OP-13-00001, effective May 
16, 1995. See also Sec.  52.2063(c)(196)(i)(B)(3), for prior RACT 
approval.
    (7) Appvion Operations, Inc.--Incorporating by reference Permit No. 
07-05001, effective March 16, 2020, as redacted by Pennsylvania.
    (8) ArcelorMittal Steelton LLC--Incorporating by reference Permit 
No. 22-05012, effective March 1, 2020, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. 22-02012, effective 
April 9, 1999, remain as RACT requirements except for Conditions 9-15 
and for Condition 20 as it relates to Boilers #2 and #5, Soaking Pit 
Batteries #1-#3, and the 20'' Mill Reheat Furnace. See also Sec.  
52.2063(c)(191), for prior RACT approval.
    (9) Carpenter Technology Corporation, Reading Plt--Incorporating by 
reference Permit No. 06-05007, revised March 10, 2020, as redacted by 
Pennsylvania, which supersedes the prior RACT Permit No. 06-1007, 
issued September 27, 1996, except as modified by Section E, Source 
Group 23 Condition No. 001 in Permit No. 06-05007, referenced above, 
which remains as a RACT requirement.
    (10) Chestnut Ridge Foam Inc--Incorporating by reference Permit No. 
65-00181, effective January 22, 2020, as redacted by Pennsylvania, 
which supersedes the prior RACT Permit No. OP-65-000-181, effective 
December 29, 1995, except for Condition 8, which remains a RACT 
requirement. See also Sec.  52.2063(c)(170)(i)(B)(4), for prior RACT 
approval.
    (11) East Penn Manufacturing Company, Inc.--Incorporating by 
reference Permit No. 06-05069, revised May 21, 2019, as redacted by 
Pennsylvania.
    (12) General Carbide Corporation--Incorporating by reference Permit 
No. 65-00622, effective March 3, 2020, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. OP-65-000-622, effective 
December 29, 1995, remain as RACT requirements. See also Sec.  
52.2063(c)(178)(i)(B)(6), for prior RACT approval.
    (13) Lord Corp Saegertown--Incorporating by reference Permit No. 
20-00194, effective April 12, 2021, as redacted by Pennsylvania.
    (14) NLMK Pennsylvania LLC, Farrell Plt--Incorporating by reference 
Permit No. 43-00310, issued January 22, 2020 as redacted by 
Pennsylvania, which supersedes the prior RACT Permit No. 43-285, 
effective November 3, 1995. See also Sec.  52.2063(c)(113)(i)(B)(1), 
for prior RACT approval.
    (15) Omnova Solutions Inc.--Auburn Plant--Incorporating by 
reference Permit No. 54-00009, issued June 26, 2018, as redacted by 
PADEP. All permit conditions in the prior RACT Permit No. 54-0009, 
issued June 12, 1996, are superseded except for Condition No. 5(c) for 
the Hot Oil Furnace and Pump House Heater, which remains as a RACT 
requirement. See also Sec.  52.2020(d)(1), for prior RACT approval.
    (16) Pixelle Specialty Solutions LLC--Spring Grove Mill--
Incorporating by reference Permit No. 67-05004, effective April 1, 
2020, as redacted by PADEP.
    (17) Sonneborn LLC--Incorporating by reference Permit No. 10-037I, 
effective September 17, 2019, as redacted by Pennsylvania. All permit 
conditions in the prior RACT Permit Nos. OP-10-037, effective June 4, 
2003, and PA-10-037, effective June 27, 1995,

[[Page 3937]]

remain as RACT requirements. See also Sec.  52.2063(c)(213)(i)(B)(2) 
and (c)(173)(i)(B)(2), for prior RACT approvals.
    (18) Specialty Tires of America, Indiana Plant--Incorporating by 
reference Permit No. 32-00065, effective January 16, 2019, as redacted 
by Pennsylvania, which supersedes Permit No. 32-000-065, effective 
January 1, 2000 except for short term VOC limits for Source 103 and 
short and annual limits for Sources 101, 102, and 104 in Condition 5, 
which remain as RACT. See also Sec.  52.2020(d)(1), for prior RACT 
approval.
    (19) Standard Steel LLC--Incorporating by reference Permit No. 44-
05001, effective August 16, 2019, as redacted by Pennsylvania, which 
supersedes the prior RACT Permit No. 44-2001, effective May 31, 1995, 
except for Conditions 4, 5 (as it applies to the three continuous 
conveyors Nos. AFM 8138, AFM 8139, and AFM 8139 [Source IDs 201, 201B, 
and 201C] only), 6, 7, 9, 10, 11, 12, 13, 14, 16 (as it applies to 7465 
150 HP Boiler 7466 500 HP Boiler, and 7467 300 HP Boiler [Source IDs 
032, 037, and 038] only). See also Sec.  52.2020(d)(1), for prior RACT 
approval.
    (20) Tennessee Gas Pipeline Co., Mercer Station 219--Incorporating 
by reference Permit No. 43-00272, effective January 2, 2019, as 
redacted by Pennsylvania. Previously incorporated Permit No. 43-0272, 
effective April 7, 1999, remains as RACT, except for Condition 3 
requirements for retarding ignition timing of the six 1100 bhp Cooper-
Bessemer GMV-10TF engines (Sources 131, 132, 133, 134, 135, and 136) 
and five 1350 bhp Cooper-Bessemer GMV10 engines (Sources 139, 140, 141, 
142, and 143) and Condition 5 pound per hour limits for the six 1100 
bhp Cooper-Bessemer GMV-10TF engines (Sources 131, 132, 133, 134, 135, 
and 136), two 1350 bhp Cooper-Bessemer GMV 10TFS engines (Sources 137 
and 138), and five 1350 bhp Cooper-Bessemer GMV10 engines (Sources 139, 
140, 141, 142, and 143), which are superseded. See also Sec.  
52.2063(c)(218)(i)(B)(2), for prior RACT approval.
    (21) Truck Accessories Group Milton Plant--Incorporating by 
reference Permit No. 49-00020, effective January 14, 2020, as redacted 
by Pennsylvania, in addition to the prior RACT Permit No. 54-0041, 
Permit No. OP-49-0005, effective March 26, 1999, which also remains as 
RACT. See also Sec.  52.2020(d)(1), for prior RACT approval.
    (22) United Refining Co--Incorporating by reference Permit No. 62-
00017, effective February 6, 2020, as redacted by Pennsylvania. All 
permit conditions in the prior RACT Permit No. OP-62-017, effective 
November 14, 1996, remain as RACT requirements. See also Sec.  
52.2020(d)(1), for prior RACT approval.
    (23) Wheatland Tube Company--Incorporating by reference Permit No. 
43-00182, issued June 9, 2015, revised and effective March 26, 2019, as 
redacted by Pennsylvania. All permit conditions in the prior RACT 
Permit No. 43-182, issued July 26, 1995, remain as RACT requirements. 
See also Sec.  52.2020(d)(1), for prior RACT approval.

[FR Doc. 2021-27233 Filed 1-25-22; 8:45 am]
BILLING CODE 6560-50-P
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