Approval and Promulgation of Air Quality Plans; Pennsylvania; Reasonably Available Control Technology (RACT) Determinations for Hydro Carbide Tool Company's Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 57400-57403 [2022-20107]
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Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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For the reasons discussed in the
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0638 to read as
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■
§ 165.T08–0638 Safety Zone; Cumberland
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(a) Location. The following area is a
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(c) Regulations. (1) Under the general
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(d) Enforcement period. This section
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from 9 a.m. to 9 p.m.
Dated: September 7, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard,Captain of the Port
Sector Ohio Valley.
[FR Doc. 2022–20290 Filed 9–19–22; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0284; FRL–9698–02–
R3]
Approval and Promulgation of Air
Quality Plans; Pennsylvania;
Reasonably Available Control
Technology (RACT) Determinations for
Hydro Carbide Tool Company’s Caseby-Case Sources Under the 1997 and
2008 8-Hour Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision was
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) to establish and require
reasonably available control technology
(RACT) for sources at Hydro Carbide
Tool Company (Hydro Carbide), a major
source of volatile organic compounds
(VOC), pursuant to the Commonwealth
of Pennsylvania’s conditionally
approved RACT regulations. In this rule
action, EPA is approving source-specific
RACT determinations (also referred to
as case-by-case or CbC) submitted by
PADEP for certain VOC sources at
Hydro Carbide, a facility in
Westmoreland County. The RACT
evaluation was submitted to meet RACT
requirements for the 1997 and 2008 8hour ozone national ambient air quality
standards (NAAQS). EPA is approving
this revision 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
October 20, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0284. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
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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, Four Penn Center, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2217. Mr. Burger
can also be reached via electronic mail
at burger.riley@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 6, 2022, EPA published a
notice of proposed rulemaking (NPRM).
87 FR 19824. In the NPRM, EPA
proposed approval of case-by-case VOC
RACT determinations for emission units
at Hydro Carbide,1 as EPA found that
the RACT controls for these sources met
the CAA RACT requirements for the
1997 and 2008 8-hour ozone NAAQS.
The case-by-case RACT determinations
for sources at these facilities were
included in PADEP’s May 7, 2020 SIP
submission.
As more fully explained in the NPRM,
under certain circumstances, states are
required to submit SIP revisions to
address RACT requirements for both
major sources of nitrogen oxides (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. NOX sources in
Pennsylvania located in any ozone
attainment areas or in any
nonattainment areas designated
moderate or below are subject to a major
source threshold of 100 tons per year
(tpy) because of the Ozone Transport
Region (OTR) requirements in CAA
section 182(f)(1). See definition of
‘‘Major NOX emitting facility’’ at 25
Pennsylvania Code 121.1 and 40 CFR
52.2020(c)(1). Similarly, VOC sources
located in any ozone attainment areas or
in any nonattainment areas designated
serious or below are subject to a major
source threshold of 50 tpy because of
the OTR requirements in CAA section
184(b)(2). See definition of ‘‘Major VOC
emitting facility’’ at 25 Pa. Code 121.1
and 40 CFR 52.2020(c)(1).
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
1 Within the material submitted by PADEP, this
company is sometimes referred to as Hydro Carbide
Inc.
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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.2 On September
26, 2017, PADEP submitted a
supplemental SIP revision including a
letter, dated September 22, 2017, which
committed to address various
deficiencies identified by EPA in
PADEP’s original 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.3 84 FR
20274. In EPA’s final conditional
approval, EPA established conditions
requiring PADEP 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
submitted to EPA for approval the
2 The EPA granted conditional limited approval
of Pennsylvania’s case-by-case RACT I rule on
March 23, 1998 pending Pennsylvania’s submission
of and EPA’s determination on proposals for
facilities subject to case-by-case (source-specific)
RACT requirements. 63 FR 13789. On May 3, 2001,
EPA removed the conditional status of its 1998
approval once the state certified that it had
submitted case-by-case RACT I proposals for
sources subject to the RACT requirements but
retained the limited nature of the approval. 66 FR
22123. EPA granted full approval on October 22,
2008 once it approved all case-by-case RACT I
proposals submitted by Pennsylvania. 73 FR 62891.
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.
3 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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57401
various SIP submissions to implement
its RACT II case-by-case determinations
and alternative NOX and VOC emissions
limits. This rule takes final action on a
SIP revision for VOC sources at Hydro
Carbide, based on EPA’s review.
II. Summary of SIP Revision and EPA
Analysis
A. Summary of SIP Revisions
To satisfy a requirement from EPA’s
May 9, 2019 conditional approval,
PADEP submitted to EPA SIP revisions
addressing alternative NOX and VOC
emissions limits and/or case-by-case
RACT requirements for major sources in
Pennsylvania subject to 25 Pa. Code
129.98 or 129.99. PADEP’s submission
included a SIP revision pertaining to
case-by-case RACT determinations for
the existing VOC emissions units at
Hydro Carbide that required a case-bycase RACT determination.4
In the case-by-case RACT
determinations submitted by PADEP, 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 RACT II
presumptive or case-by-case
requirements new to the SIP. If more
stringent, the RACT I requirements
would continue to apply to the
applicable source. If case-by-case RACT
II requirements that are new to the SIP
are more stringent than the RACT I
requirements, then the RACT II
requirements would supersede the prior
RACT I requirements.5
Here, EPA is approving SIP revisions
pertaining to case-by-case RACT
requirements for certain VOC sources at
Hydro Carbide. Hydro Carbide is a
major source of VOCs and was subject
to RACT I under the name Fansteel
Hydro Carbide. 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 determination of
what specific emissions limit or control
measures satisfy RACT for that
particular unit. The adoption of
additional emissions limits or control
measures to existing SIP-approved
RACT I requirements were specified as
4 Hydro Carbide, which currently operates under
the major source threshold via a facility-wide VOC
cap, is subject to 25 Pa. Code 129.99 under the
applicability provisions of 25 Pa. Code 129.96, as
the facility was a major source in existence on or
before July 20, 2012.
5 Hydro Carbide’s prior SIP-approved RACT I
permit will remain part of the SIP, and this RACT
II rule will incorporate by reference the additional
RACT II requirements through the RACT II permit.
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requirements in a revised federally
enforceable permit (hereafter RACT II
permit) issued by PADEP to Hydro
Carbide. The RACT II permit was
submitted as part of the Pennsylvania
RACT SIP revision for EPA’s approval
in the Pennsylvania SIP under 40 CFR
52.2020(d)(1). The RACT II permit being
approved in this action for Hydro
Carbide (formerly Fansteel Hydro
Carbide) is permit number 65–00860,
effective November 15, 2019, and is part
of the docket for this rulemaking, which
is available online at
www.regulations.gov, Docket No. EPA–
R03–OAR–2022–0284.6 For certain VOC
sources at Hydro Carbide, EPA is
incorporating by reference in the
Pennsylvania SIP the source-specific
emissions limits and control measures
in the RACT II permit, and is
determining that these provisions satisfy
the RACT requirement under the 1997
and 2008 8-hour ozone NAAQS.
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B. EPA’s Final Action
This CbC RACT SIP revision
incorporates determinations by PADEP
of source-specific RACT II controls for
individual VOC emission units at Hydro
Carbide, where those units are not
covered by or cannot meet
Pennsylvania’s presumptive RACT
regulation. After thorough review and
evaluation of the information submitted
to EPA by PADEP, in its SIP revision
submittals for sources at Hydro Carbide,
EPA found that: (1) PADEP’s case-bycase RACT determinations and
conclusions establish limits and/or
controls on individual sources that are
reasonable and appropriately
considered technically and
economically feasible controls; and (2)
PADEP’s determinations are consistent
with the CAA, EPA regulations, and
applicable EPA guidance.
EPA proposed to find that all the
proposed revisions for Hydro Carbide
would result in equivalent or additional
reductions of VOC emissions.
Consistent with section 110(l) of the
CAA the proposed revisions will not
result in additional VOC emissions and
thus should not interfere with any
applicable requirement concerning
attainment.
Other specific requirements of the
1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations and
the rationale for EPA’s proposed action
are explained more thoroughly in the
NPRM, and its associated technical
6 The RACT II permit included in the docket for
this rule is a redacted version of the facilities’
federally enforceable permit. It reflects the specific
RACT requirements being approved into the
Pennsylvania SIP via this final action.
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support document (TSD), and will not
be restated here.
III. Public Comments
EPA received two sets of comments
on the April 6, 2022 NPRM. 87 FR
19824. One set of comments expresses
support for this SIP revision, and thus
no response is necessary. The second set
of comments raises general policy
considerations not directly relevant to
the SIP revision, does not identify any
defects, and does not raise any issues
concerning the SIP revision’s
consistency with the CAA with
sufficient specificity to determine its
relevance to this action. Thus, no
response is necessary. A copy of the
comments can be found in the docket
for this rule action.
IV. Final Action
EPA is approving case-by-case RACT
determinations for certain VOC sources
at Hydro Carbide, 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 under the 1997 and 2008
8-hour ozone NAAQS for certain VOC
emission sources at one facility in
Pennsylvania, as discussed in Section II.
of this preamble. EPA has made, and
will continue to make, these materials
generally available through
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.7
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).
7 62
PO 00000
FR 27968 (May 22, 1997).
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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
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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 November 21, 2022. Filing a
petition for reconsideration by the
Name of source
*
Hydro Carbide Tool Company (formerly referenced
as Fansteel Hydro Carbide).
*
*
(OP)65–000–
860
*
65–00860
Adam Ortiz,
Regional Administrator, Region III.
State
effective
date
*
Westmoreland ..
*
*
Westmoreland ..
*
12/12/97
11/15/19
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 entry ‘‘Fansteel Hydro
Carbide’’; and
■ b. Adding an entry at the end of the
table for ‘‘Hydro Carbide Tool Company
(formerly referenced as Fansteel Hydro
Carbide)’’.
The revision and addition read as
follows:
■
§ 52.2020
For the reasons set out in the
preamble, 40 CFR part 52 is amended as
follows:
County
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(d) * * *
(1) * * *
*
*
Additional explanations/
§§ 52.2063 and 52.2064
citations 1
EPA approval date
*
*
*
10/17/01, 66 FR 52700 ........ See also 52.2064(k)(1).
*
9/20/22, [INSERT Federal
Register CITATION].
*
*
52.2064(k)(1).
cross-references that are not § 52.2064 are to material that pre-date the notebook format. For more information, see § 52.2063.
*
*
(2) [Reserved]
*
[FR Doc. 2022–20107 Filed 9–19–22; 8:45 am]
3. Amend § 52.2064 by adding
paragraph (k) to read as follows:
■
lotter on DSK11XQN23PROD with RULES1
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Permit No.
*
*
Fansteel Hydro Carbide ........
1 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 VOC RACT
requirements for one facility 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).)
BILLING CODE 6560–50–P
§ 52.2064 EPA-approved Source Specific
Reasonably Available Control Technology
(RACT) for Volatile Organic Compounds
(VOC) and Oxides of Nitrogen (NOX).
FEDERAL COMMUNICATIONS
COMMISSION
*
47 CFR Part 1
*
*
*
*
(k) Approval of source-specific RACT
requirements for 1997 and 2008 8-hour
ozone national ambient air quality
standards for Hydro Carbide Tool
Company is incorporated as specified.
(Rulemaking Docket No. EPA–OAR–
2022–0284.)
(1) Hydro Carbide Tool Company—
Incorporating by reference Permit No.
65–00860, effective November 15, 2019,
as redacted by Pennsylvania. All permit
conditions in the prior RACT Permit No.
OP–65–000–860, effective December 12,
1997, remain as RACT requirements.
See also § 52.2063(c)(178)(i)(B)(7), for
prior RACT approval.
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[WT Docket No. 19–38; FCC 22–53; FR ID
99881]
Partition, Disaggregation, and Leasing
of Spectrum
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission modifies partitioning,
disaggregation, and leasing rules to
provide specific incentives for small
carriers and Tribal Nations, and entities
in rural areas, to voluntarily participate
in the Enhanced Competition Incentive
PO 00000
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Program (ECIP). The ECIP proceeding is
in response to Congressional direction
in the Making Opportunities for
Broadband Investment and Limiting
Excessive and Needless Obstacles to
Wireless Act (MOBILE NOW Act) to
consider steps to increase the diversity
of spectrum access and the availability
of advanced telecommunications
services in rural areas. The ECIP will
promote greater competition in the
provision of wireless services, facilitate
increased availability of advanced
wireless services in rural areas, facilitate
new opportunities for small carriers and
Tribal Nations to increase access to
spectrum, and bring more advanced
wireless service including 5G to
underserved communities. This
document also provides for
reaggregation of previously partitioned
and disaggregated licenses up to the
original license size, while adopting
appropriate safeguards, which will
reduce regulatory and administrative
burdens on licensees.
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]]>Agencies
[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57400-57403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20107]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0284; FRL-9698-02-R3]
Approval and Promulgation of Air Quality Plans; Pennsylvania;
Reasonably Available Control Technology (RACT) Determinations for Hydro
Carbide Tool Company's 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.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision was submitted by the Pennsylvania Department
of Environmental Protection (PADEP) to establish and require reasonably
available control technology (RACT) for sources at Hydro Carbide Tool
Company (Hydro Carbide), a major source of volatile organic compounds
(VOC), pursuant to the Commonwealth of Pennsylvania's conditionally
approved RACT regulations. In this rule action, EPA is approving
source-specific RACT determinations (also referred to as case-by-case
or CbC) submitted by PADEP for certain VOC sources at Hydro Carbide, a
facility in Westmoreland County. The RACT evaluation was submitted to
meet RACT requirements for the 1997 and 2008 8-hour ozone national
ambient air quality standards (NAAQS). EPA is approving this revision
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 October 20, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0284. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER
[[Page 57401]]
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, Four Penn Center, 1600 John F. Kennedy Boulevard,
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 April 6, 2022, EPA published a notice of proposed rulemaking
(NPRM). 87 FR 19824. In the NPRM, EPA proposed approval of case-by-case
VOC RACT determinations for emission units at Hydro Carbide,\1\ as EPA
found that the RACT controls for these sources met the CAA RACT
requirements for the 1997 and 2008 8-hour ozone NAAQS. The case-by-case
RACT determinations for sources at these facilities were included in
PADEP's May 7, 2020 SIP submission.
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\1\ Within the material submitted by PADEP, this company is
sometimes referred to as Hydro Carbide Inc.
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As more fully explained in the NPRM, under certain circumstances,
states are required to submit SIP revisions to address RACT
requirements for both major sources of nitrogen oxides (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. NOX sources in Pennsylvania located in any
ozone attainment areas or in any nonattainment areas designated
moderate or below are subject to a major source threshold of 100 tons
per year (tpy) because of the Ozone Transport Region (OTR) requirements
in CAA section 182(f)(1). See definition of ``Major NOX
emitting facility'' at 25 Pennsylvania Code 121.1 and 40 CFR
52.2020(c)(1). Similarly, VOC sources located in any ozone attainment
areas or in any nonattainment areas designated serious or below are
subject to a major source threshold of 50 tpy because of the OTR
requirements in CAA section 184(b)(2). See definition of ``Major VOC
emitting facility'' at 25 Pa. Code 121.1 and 40 CFR 52.2020(c)(1).
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.\2\ On
September 26, 2017, PADEP submitted a supplemental SIP revision
including a letter, dated September 22, 2017, which committed to
address various deficiencies identified by EPA in PADEP's original May
16, 2016 ``presumptive'' RACT II rule SIP revision.
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\2\ The EPA granted conditional limited approval of
Pennsylvania's case-by-case RACT I rule on March 23, 1998 pending
Pennsylvania's submission of and EPA's determination on proposals
for facilities subject to case-by-case (source-specific) RACT
requirements. 63 FR 13789. On May 3, 2001, EPA removed the
conditional status of its 1998 approval once the state certified
that it had submitted case-by-case RACT I proposals for sources
subject to the RACT requirements but retained the limited nature of
the approval. 66 FR 22123. EPA granted full approval on October 22,
2008 once it approved all case-by-case RACT I proposals submitted by
Pennsylvania. 73 FR 62891. 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.\3\ 84
FR 20274. In EPA's final conditional approval, EPA established
conditions requiring PADEP 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 submitted to EPA for approval
the various SIP submissions to implement its RACT II case-by-case
determinations and alternative NOX and VOC emissions limits.
This rule takes final action on a SIP revision for VOC sources at Hydro
Carbide, based on EPA's review.
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\3\ 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 Revisions
To satisfy a requirement from EPA's May 9, 2019 conditional
approval, PADEP submitted to EPA SIP revisions addressing alternative
NOX and VOC emissions limits and/or case-by-case RACT
requirements for major sources in Pennsylvania subject to 25 Pa. Code
129.98 or 129.99. PADEP's submission included a SIP revision pertaining
to case-by-case RACT determinations for the existing VOC emissions
units at Hydro Carbide that required a case-by-case RACT
determination.\4\
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\4\ Hydro Carbide, which currently operates under the major
source threshold via a facility-wide VOC cap, is subject to 25 Pa.
Code 129.99 under the applicability provisions of 25 Pa. Code
129.96, as the facility was a major source in existence on or before
July 20, 2012.
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In the case-by-case RACT determinations submitted by PADEP, 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 RACT II presumptive or case-by-case requirements new to the SIP. If
more stringent, the RACT I requirements would continue to apply to the
applicable source. If case-by-case RACT II requirements that are new to
the SIP are more stringent than the RACT I requirements, then the RACT
II requirements would supersede the prior RACT I requirements.\5\
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\5\ Hydro Carbide's prior SIP-approved RACT I permit will remain
part of the SIP, and this RACT II rule will incorporate by reference
the additional RACT II requirements through the RACT II permit.
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Here, EPA is approving SIP revisions pertaining to case-by-case
RACT requirements for certain VOC sources at Hydro Carbide. Hydro
Carbide is a major source of VOCs and was subject to RACT I under the
name Fansteel Hydro Carbide. 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 determination of what specific emissions
limit or control measures satisfy RACT for that particular unit. The
adoption of additional emissions limits or control measures to existing
SIP-approved RACT I requirements were specified as
[[Page 57402]]
requirements in a revised federally enforceable permit (hereafter RACT
II permit) issued by PADEP to Hydro Carbide. The RACT II permit was
submitted as part of the Pennsylvania RACT SIP revision for EPA's
approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). The RACT
II permit being approved in this action for Hydro Carbide (formerly
Fansteel Hydro Carbide) is permit number 65-00860, effective November
15, 2019, and is part of the docket for this rulemaking, which is
available online at www.regulations.gov, Docket No. EPA-R03-OAR-2022-
0284.\6\ For certain VOC sources at Hydro Carbide, EPA is incorporating
by reference in the Pennsylvania SIP the source-specific emissions
limits and control measures in the RACT II permit, and is determining
that these provisions satisfy the RACT requirement under the 1997 and
2008 8-hour ozone NAAQS.
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\6\ The RACT II permit included in the docket for this rule is a
redacted version of the facilities' federally enforceable permit. It
reflects the specific RACT requirements being approved into the
Pennsylvania SIP via this final action.
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B. EPA's Final Action
This CbC RACT SIP revision incorporates determinations by PADEP of
source-specific RACT II controls for individual VOC emission units at
Hydro Carbide, where those units are not covered by or cannot meet
Pennsylvania's presumptive RACT regulation. After thorough review and
evaluation of the information submitted to EPA by PADEP, in its SIP
revision submittals for sources at Hydro Carbide, EPA found that: (1)
PADEP's case-by-case RACT determinations and conclusions establish
limits and/or controls on individual sources that are reasonable and
appropriately considered technically and economically feasible
controls; and (2) PADEP's determinations are consistent with the CAA,
EPA regulations, and applicable EPA guidance.
EPA proposed to find that all the proposed revisions for Hydro
Carbide would result in equivalent or additional reductions of VOC
emissions. Consistent with section 110(l) of the CAA the proposed
revisions will not result in additional VOC emissions and thus should
not interfere with any applicable requirement concerning attainment.
Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations and the rationale for EPA's proposed
action are explained more thoroughly in the NPRM, and its associated
technical support document (TSD), and will not be restated here.
III. Public Comments
EPA received two sets of comments on the April 6, 2022 NPRM. 87 FR
19824. One set of comments expresses support for this SIP revision, and
thus no response is necessary. The second set of comments raises
general policy considerations not directly relevant to the SIP
revision, does not identify any defects, and does not raise any issues
concerning the SIP revision's consistency with the CAA with sufficient
specificity to determine its relevance to this action. Thus, no
response is necessary. A copy of the comments can be found in the
docket for this rule action.
IV. Final Action
EPA is approving case-by-case RACT determinations for certain VOC
sources at Hydro Carbide, 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 under the 1997 and 2008 8-hour ozone NAAQS
for certain VOC emission sources at one facility in Pennsylvania, as
discussed in Section II. of this preamble. EPA has made, and will
continue to make, these materials generally available through
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.\7\
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\7\ 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
[[Page 57403]]
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 November 21, 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 VOC RACT requirements for
one facility 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
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 entry ``Fansteel Hydro Carbide''; and
0
b. Adding an entry at the end of the table for ``Hydro Carbide Tool
Company (formerly referenced as Fansteel Hydro Carbide)''.
The revision and addition read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
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State Additional explanations/
Name of source Permit No. County effective EPA approval date Sec. Sec. 52.2063
date and 52.2064 citations
-------------------------------------------------------------------------------------------------------------------------------------------\1\----------
* * * * * * *
Fansteel Hydro Carbide................ (OP)65-000-860 Westmoreland.................. 12/12/97 10/17/01, 66 FR 52700... See also 52.2064(k)(1).
* * * * * * *
Hydro Carbide Tool Company (formerly 65-00860 Westmoreland.................. 11/15/19 9/20/22, [INSERT Federal 52.2064(k)(1).
referenced as Fansteel Hydro Carbide). Register CITATION].
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\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 (k) 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).
* * * * *
(k) Approval of source-specific RACT requirements for 1997 and 2008
8-hour ozone national ambient air quality standards for Hydro Carbide
Tool Company is incorporated as specified. (Rulemaking Docket No. EPA-
OAR-2022-0284.)
(1) Hydro Carbide Tool Company--Incorporating by reference Permit
No. 65-00860, effective November 15, 2019, as redacted by Pennsylvania.
All permit conditions in the prior RACT Permit No. OP-65-000-860,
effective December 12, 1997, remain as RACT requirements. See also
Sec. 52.2063(c)(178)(i)(B)(7), for prior RACT approval.
(2) [Reserved]
[FR Doc. 2022-20107 Filed 9-19-22; 8:45 am]
BILLING CODE 6560-50-P
