Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for PPG Industries Springdale Plant's Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient Air Quality Standards, 57609-57612 [2022-20108]

Download as PDF Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations i. Removing ‘‘two-year’’ each time it appears and adding in its place ‘‘fiveyear’’. ■ ii. Adding a sentence to the end of the paragraph. ■ d. In paragraph (c)(4)(ii)(C)(2)(ii), removing ‘‘October 1, 2022’’ each time it appears and adding in its place ‘‘October 1, 2025’’. ■ e. In the note to paragraph (c)(4)(ii)(C)(2): ■ i. Redesignating the note as note 1 to paragraph (c)(4)(ii)(C)(2). ■ ii. Removing ‘‘October 1, 2022’’ each time it appears and adding in its place ‘‘October 1, 2025’’. The revision reads as follows: ■ § 71.40 Caregiver benefits. * * * * * (c) * * * (4) * * * (ii) * * * (C) * * * (2) * * * (i) * * * Notwithstanding the previous sentence, if the first reassessment during the five-year period beginning on October 1, 2020 was completed by VA before March 25, 2022, and such reassessment did not result in an increase in the monthly stipend payment, the retroactive payment described in this paragraph (c)(4)(ii)(C)(2)(i) applies to the first reassessment initiated by VA on or after March 25, 2022 that applies the criteria in 38 U.S.C. 1720G(a)(2)(C)(ii) and (iii) in place of the definition of ‘‘need for supervision, protection, or instruction’’ that was invalidated by Veteran Warriors, Inc. v. Sec’y of Veterans Affairs, 29 F.4th 1320, 1342–43 (Fed. Cir. 2022), if such reassessment results in an increase in the monthly stipend payment, and only as a result of such reassessment. * * * * * [FR Doc. 2022–20271 Filed 9–20–22; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 khammond on DSKJM1Z7X2PROD with RULES [EPA–R03–OAR–2020–0575; FRL–10205– 02–R3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for PPG Industries Springdale Plant’s Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 16:33 Sep 20, 2022 Jkt 256001 57609 I. Background On May 7, 2021, EPA published a SUMMARY: The Environmental Protection notice of proposed rulemaking (NPRM). Agency (EPA) is approving a state 86 FR 24564. In the NPRM, EPA implementation plan (SIP) revision proposed approval of case-by-case submitted by the Commonwealth of RACT determinations for sources at ten Pennsylvania. This revision was facilities in Allegheny County, as EPA submitted by the Pennsylvania found that that the RACT controls for Department of Environmental Protection these sources met the CAA RACT (PADEP), on behalf of the Allegheny requirements for the 2008 8-hour ozone County Health Department (ACHD), to NAAQS. On October 21, 2021, EPA establish and require reasonably approved case-by-case RACT available control technology (RACT) for determinations for sources at nine of these major NOX and VOC emitting sources at PPG Industries Springdale facilities in Allegheny County and noted Plant (PPG Springdale), a major source that EPA was not taking final action on of volatile organic compounds (VOC), PPG Springdale at that time. 86 FR pursuant to the Commonwealth of 58220. This rule takes final action on Pennsylvania’s conditionally approved RACT regulations. In this action, EPA is the case-by-case RACT determination for sources at the one remaining facility approving source-specific RACT included in the May 7, 2021 NPRM, determinations (case-by-case or CbC) PPG Springdale. PADEP, on behalf of submitted by PADEP for certain VOC ACHD, initially submitted the revisions sources at PPG Springdale, a facility in to its SIP to address case-by-case VOC Allegheny County. This RACT evaluation was submitted to meet RACT RACT sources at PPG Springdale on May 7, 2020. requirements for the 2008 8-hour ozone As more fully explained in the NPRM, national ambient air quality standard under certain circumstances, states are (NAAQS). EPA is approving this required to submit SIP revisions to revision to the Pennsylvania SIP in accordance with the requirements of the address RACT requirements for both major sources of nitrogen oxides (NOX) Clean Air Act (CAA) and EPA’s and VOC and any source covered by implementing regulations. control technique guidelines (CTG) for DATES: This final rule is effective on each ozone NAAQS. Which NOX and October 21, 2022. VOC sources in Pennsylvania are considered ‘‘major,’’ and are therefore ADDRESSES: EPA has established a subject to RACT, is dependent on the docket for this action under Docket ID location of each source within the Number EPA–R03–OAR–2020–0575. All Commonwealth. NOX sources in documents in the docket are listed on Pennsylvania located in any ozone the www.regulations.gov website. attainment areas or in any Although listed in the index, some nonattainment areas designated information is not publicly available, moderate or below are subject to a major e.g., confidential business information source threshold of 100 tons per year (CBI) or other information whose (tpy) because of the Ozone Transport disclosure is restricted by statute. Region (OTR) requirements in CAA Certain other material, such as section 182(f)(1). See definition of copyrighted material, is not placed on ‘‘Major NOX emitting facility’’ at 25 Pa. the internet and will be publicly Code 121.1 and 40 CFR 52.2020(c)(1). available only in hard copy form. Similarly, VOC sources located in any Publicly available docket materials are ozone attainment areas or in any available through www.regulations.gov, nonattainment areas designated serious or please contact the person identified or below are subject to a source in the FOR FURTHER INFORMATION threshold of 50 tpy because of the OTR CONTACT section for additional requirements in CAA section 184(b)(2). availability information. See definition of ‘‘Major VOC emitting facility’’ at 25 Pa. Code 121.1 and 40 FOR FURTHER INFORMATION CONTACT: Mr. CFR 52.2020(c)(1). Riley Burger, Permits Branch (3AD10), On May 16, 2016, PADEP submitted Air and Radiation Division, U.S. a SIP revision addressing RACT for both Environmental Protection Agency, Region III, Four Penn Center, 1600 John the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEP’s May F. Kennedy Boulevard, Philadelphia, 16, 2016 SIP revision intended to Pennsylvania 19103. The telephone address certain outstanding non-CTG number is (215) 814–2217. Mr. Burger VOC RACT, VOC CTG RACT, and major can also be reached via electronic mail source VOC and NOX RACT at burger.riley@epa.gov. requirements for both standards. The SIP revision requested approval of SUPPLEMENTARY INFORMATION: ACTION: PO 00000 Final rule. Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\21SER1.SGM 21SER1 57610 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 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.2 84 FR 20274. In EPA’s final conditional approval, EPA established conditions requiring PADEP 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 submitted to EPA for approval the various SIP submissions to implement its RACT II case-by-case determinations and alternative NOX emissions limits. This rule takes final action on a SIP 1 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. 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). PPG Springdale is not subject to the presumptive RACT II provisions at issue in that Sierra Club decision. VerDate Sep<11>2014 16:33 Sep 20, 2022 Jkt 256001 revision for VOC sources at PPG Springdale, based on EPA’s review. The SIP revision in this action only establishes 2008 8-hour ozone NAAQS RACT requirements. Applicable RACT requirements under the CAA for sources located in Allegheny County for the 1997 8-hour ozone NAAQS were previously satisfied. See 78 FR 34584 (June 10, 2013). II. Summary of SIP Revision and EPA Analysis A. Summary of SIP Revision To satisfy a requirement from EPA’s May 9, 2019 conditional approval, PADEP submitted to EPA SIP revisions addressing alternative NOX or 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. Among the submitted SIP revisions were case-by-case RACT determinations for sources in Allegheny County, which PADEP submitted on behalf of ACHD. PADEP’s submission included a SIP revision pertaining to case-by-case RACT determinations for the existing VOC emissions units at PPG Springdale that required a case-by-case RACT determination. In the case-by-case RACT determinations for PPG Springdale submitted by PADEP on behalf of ACHD, an evaluation was completed to determine if previously SIP-approved, case-by-case RACT emission limits or operational controls (herein referred to as RACT I and contained in RACT I permits) were more stringent than the new RACT II presumptive or case-bycase requirements. If previously SIPapproved RACT I requirements are more stringent, such RACT I requirements 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 supersede the prior RACT I requirements.3 Here, EPA is approving a SIP revision pertaining to case-by-case RACT requirements for certain VOC sources at PPG Springdale. PPG is a major source of VOC and was subject to RACT I under the name PPG Industries, Inc.— Springdale. The case-by-case RACT determinations submitted by PADEP, on behalf of ACHD, consist of an evaluation of all reasonably available controls at the time of evaluation for each affected emissions unit, resulting in a 3 While the prior SIP-approved RACT I permit for PPG Springdale 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. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 determination of what specific emissions limit or control measures satisfy RACT for that particular unit. The adoption of additional, or revised emissions limits or control measures to existing SIP-approved RACT I requirements were specified as requirements in a revised federally enforceable permit (hereafter RACT II permit) issued by ACHD to PPG Springdale. 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 PPG Industries Springdale Plant (formerly PPG Industries, Inc.—Springdale) is permit number 0057–OP18a, effective February 28, 2020, and is part of the docket for this rulemaking, which is available online at https:// www.regulations.gov, Docket No. EPA– R03–OAR–2020–0575.4 For certain VOC sources at PPG Springdale, 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 2008 8-hour ozone NAAQS. B. EPA’s Final Action This CbC RACT SIP revision incorporates determinations by ACHD of source-specific RACT II controls for individual VOC emission units at PPG Springdale, 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 on behalf of ACHD, in its SIP revision submittals for sources at PPG Springdale, EPA found that: (1) ACHD’s case-by-case RACT determinations and conclusions establish limits and/or controls on individual sources that are reasonable and appropriately considered technically and economically feasible controls; and (2) ACHD’s determinations are consistent with the CAA, EPA regulations, and applicable EPA guidance. ACHD, in its RACT II determinations, considered the prior source-specific RACT I requirements and, where more stringent, retained those RACT I requirements as part of its new RACT determinations. EPA found that all the proposed revisions to previously SIPapproved RACT I requirements would 4 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. E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations result in equivalent or additional reductions of VOC emissions. Consistent with section 110(l) of the CAA, the revisions for this major VOC source will not result in additional VOC emissions and thus should not interfere with any applicable requirement concerning attainment. Other specific requirements of the 2008 8-hour ozone NAAQS case-by-case RACT determinations for PPG Springdale and the rationale for EPA’s action are explained more thoroughly in the NPRM, and its associated technical support document (TSD), and will not be restated here. khammond on DSKJM1Z7X2PROD with RULES III. Public Comments and EPA Responses EPA received one comment relevant to PPG Springdale on the May 7, 2021 NPRM. 86 FR 24564. 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 comment requests that EPA not take final action on the revisions pertaining to PPG Springdale as certain RACT requirements are involved in the appeal of the facility’s permit before ACHD’s hearing officer. The comment requests EPA delay action until the appeal is adjudicated or resolved, and any modifications to the permit are finalized. Response 1: Under Clean Air Act Section 110(k), EPA has a statutory responsibility to act on plan revisions submitted by states by specified deadlines. EPA’s failure to act within those deadlines can subject EPA to a lawsuit for our failure to timely execute a mandatory statutory duty. There is no provision in the Clean Air Act to toll the statutory deadline pending the outcome of state proceedings, or for any other reason. As long as the SIP revision is pending before EPA, our statutory obligation to approve or disapprove that revision in whole or part remains. Pennsylvania could formally withdraw the SIP revision from EPA’s consideration but has not done so. EPA therefore remains under a statutory duty under section 110(k) of the Act to approve or disapprove this SIP revision in whole or part. EPA has determined that it will complete its statutory duty as proposed to approve this SIP revision with respect to PPG Springdale. If the outcome of the appeal process affects the RACT determination, Pennsylvania can then submit any proposed SIP revision with supporting documentation for the changes to EPA for review and appropriate agency action. At this time EPA is finalizing these case-by-case VerDate Sep<11>2014 16:33 Sep 20, 2022 Jkt 256001 RACT determinations for PPG Springdale. IV. Final Action EPA is approving case-by-case RACT determinations for certain VOC sources at PPG Springdale, as required to meet obligations pursuant to the 2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP. V. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes 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 2008 8-hour ozone NAAQS for one major VOCemitting 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.5 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.); 5 62 PO 00000 FR 27968 (May 22, 1997). Frm 00041 Fmt 4700 Sfmt 4700 57611 • 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 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. E:\FR\FM\21SER1.SGM 21SER1 57612 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations 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 NOX and VOC RACT requirements for one facility for the 2008 8-hour ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Name of source 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 Identification of plan. * * (d) * * * (1) * * * * * Authority: 42 U.S.C. 7401 et seq. State effective date * PPG Industries, Inc.— Springdale. * CO–254 ....... * Allegheny ....................... * * PPG Industries Springdale Plant (formerly referenced as PPG Industries, Inc.—Springdale). * 0057–OP18a * Allegheny ....................... * * 2. In § 52.2020, the table in paragraph (d)(1) is amended by: ■ a. Revising the entry ‘‘PPG Industries, Inc.—Springdale’’; and ■ b. Adding an entry at the end of the table for ‘‘PPG Industries Springdale Plant (formerly referenced as PPG Industries, Inc.—Springdale)’’. The revision and addition read as follows: ■ * 1. The authority citation for part 52 continues to read as follows: County * Subpart NN—Pennsylvania § 52.2020 ■ Permit No. 1 The Additional explanations/ §§ 52.2063 and 52.2064 citations 1 EPA approval date 12/19/96 2/28/2020 * 10/12/01, 66 FR 52050 * * 9/21/2022 [INSERT FEDERAL REGISTER CITATION]. * * See also 52.2064(l)(1). * 52.2064(l)(1). cross-references that are not § 52.2064 are to material that pre-date the notebook format. For more information, see § 52.2063. * * * ENVIRONMENTAL PROTECTION AGENCY 3. Amend § 52.2064 by adding paragraph (l) to read as follows: ■ 40 CFR Part 62 § 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 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. * * * * (l) Approval of source-specific RACT requirements for 2008 8-hour ozone national ambient air quality standard for PPG Springdale is incorporated as specified. (Rulemaking Docket No. EPA–OAR–2020–0575.) (1) PPG Industries Springdale Plant— Incorporating by reference Permit No. 0057–OP18a, effective February 28, 2020, as redacted by ACHD, which supersedes Consent Order 254, issued December 19, 1996, except for Conditions 1.13 through 1.22, which remain as RACT requirements. See also § 52.2063(c)(165)(i)(B)(2), for prior RACT approval. (2) [Reserved] [FR Doc. 2022–20108 Filed 9–20–22; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:33 Sep 20, 2022 Jkt 256001 [EPA–R01–OAR–2021–0883; FRL–10221– 01–R1] Notification of Memorandum of Agreement; Massachusetts; Clean Air Act (CAA) Sections 111(d) and/or 129 Federal Plan Requirements Environmental Protection Agency (EPA). ACTION: Notification. AGENCY: On October 15, 2021, the United States Environmental Protection Agency’s (EPA) Region 1 Acting Administrator signed a Memorandum of Agreement (MOA) between the Massachusetts Department of Environmental Protection (MassDEP) and EPA Region 1 regarding existing affected sources subject to Clean Air Act (CAA) sections 111(d) and/or 129 Federal Plan requirements. Subsequently, the MOA became effective upon signature of the MassDEP Commissioner on November 9, 2021. This document is informing the public SUMMARY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 of the MOA and making a copy of the document accessible. DATES: On November 9, 2021, the MOA between EPA Region 1 and MassDEP was finalized upon signature of both parties. EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2021–0883. 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, i.e., 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 at https:// www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that, if possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are ADDRESSES: E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57609-57612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20108]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0575; FRL-10205-02-R3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Reasonably Available Control Technology Determinations 
for PPG Industries Springdale Plant's Case-by-Case Sources Under the 
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 a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. This revision was submitted by the Pennsylvania 
Department of Environmental Protection (PADEP), on behalf of the 
Allegheny County Health Department (ACHD), to establish and require 
reasonably available control technology (RACT) for sources at PPG 
Industries Springdale Plant (PPG Springdale), a major source of 
volatile organic compounds (VOC), pursuant to the Commonwealth of 
Pennsylvania's conditionally approved RACT regulations. In this action, 
EPA is approving source-specific RACT determinations (case-by-case or 
CbC) submitted by PADEP for certain VOC sources at PPG Springdale, a 
facility in Allegheny County. This RACT evaluation was submitted to 
meet RACT requirements for the 2008 8-hour ozone national ambient air 
quality standard (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 21, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0575. All documents in the docket are listed on 
the 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 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch 
(3AD10), Air and 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 May 7, 2021, EPA published a notice of proposed rulemaking 
(NPRM). 86 FR 24564. In the NPRM, EPA proposed approval of case-by-case 
RACT determinations for sources at ten facilities in Allegheny County, 
as EPA found that that the RACT controls for these sources met the CAA 
RACT requirements for the 2008 8-hour ozone NAAQS. On October 21, 2021, 
EPA approved case-by-case RACT determinations for sources at nine of 
these major NOX and VOC emitting facilities in Allegheny 
County and noted that EPA was not taking final action on PPG Springdale 
at that time. 86 FR 58220. This rule takes final action on the case-by-
case RACT determination for sources at the one remaining facility 
included in the May 7, 2021 NPRM, PPG Springdale. PADEP, on behalf of 
ACHD, initially submitted the revisions to its SIP to address case-by-
case VOC RACT sources at PPG Springdale on May 7, 2020.
    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 Pa. 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 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

[[Page 57610]]

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 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.
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

    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 established 
conditions requiring PADEP 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 submitted to EPA for approval 
the various SIP submissions to implement its RACT II case-by-case 
determinations and alternative NOX emissions limits. This 
rule takes final action on a SIP revision for VOC sources at PPG 
Springdale, based on EPA's review.
---------------------------------------------------------------------------

    \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). 
PPG Springdale is not subject to the presumptive RACT II provisions 
at issue in that Sierra Club decision.
---------------------------------------------------------------------------

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

II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    To satisfy a requirement from EPA's May 9, 2019 conditional 
approval, PADEP submitted to EPA SIP revisions addressing alternative 
NOX or 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. Among the submitted SIP revisions were case-by-case 
RACT determinations for sources in Allegheny County, which PADEP 
submitted on behalf of ACHD. PADEP's submission included a SIP revision 
pertaining to case-by-case RACT determinations for the existing VOC 
emissions units at PPG Springdale that required a case-by-case RACT 
determination.
    In the case-by-case RACT determinations for PPG Springdale 
submitted by PADEP on behalf of ACHD, an evaluation was completed to 
determine if previously SIP-approved, case-by-case RACT emission limits 
or operational controls (herein referred to as RACT I and contained in 
RACT I permits) were more stringent than the new RACT II presumptive or 
case-by-case requirements. If previously SIP-approved RACT I 
requirements are more stringent, such RACT I requirements 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 supersede the prior RACT I requirements.\3\
---------------------------------------------------------------------------

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

    Here, EPA is approving a SIP revision pertaining to case-by-case 
RACT requirements for certain VOC sources at PPG Springdale. PPG is a 
major source of VOC and was subject to RACT I under the name PPG 
Industries, Inc.--Springdale. The case-by-case RACT determinations 
submitted by PADEP, on behalf of ACHD, consist of an evaluation of all 
reasonably available controls at the time of evaluation for each 
affected emissions unit, resulting in a determination of what specific 
emissions limit or control measures satisfy RACT for that particular 
unit. The adoption of additional, or revised emissions limits or 
control measures to existing SIP-approved RACT I requirements were 
specified as requirements in a revised federally enforceable permit 
(hereafter RACT II permit) issued by ACHD to PPG Springdale. 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 PPG Industries 
Springdale Plant (formerly PPG Industries, Inc.--Springdale) is permit 
number 0057-OP18a, effective February 28, 2020, and is part of the 
docket for this rulemaking, which is available online at https://www.regulations.gov, Docket No. EPA-R03-OAR-2020-0575.\4\ For certain 
VOC sources at PPG Springdale, 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 2008 8-hour ozone 
NAAQS.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

B. EPA's Final Action

    This CbC RACT SIP revision incorporates determinations by ACHD of 
source-specific RACT II controls for individual VOC emission units at 
PPG Springdale, 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 on behalf of 
ACHD, in its SIP revision submittals for sources at PPG Springdale, EPA 
found that: (1) ACHD's case-by-case RACT determinations and conclusions 
establish limits and/or controls on individual sources that are 
reasonable and appropriately considered technically and economically 
feasible controls; and (2) ACHD's determinations are consistent with 
the CAA, EPA regulations, and applicable EPA guidance.
    ACHD, in its RACT II determinations, considered the prior source-
specific RACT I requirements and, where more stringent, retained those 
RACT I requirements as part of its new RACT determinations. EPA found 
that all the proposed revisions to previously SIP-approved RACT I 
requirements would

[[Page 57611]]

result in equivalent or additional reductions of VOC emissions. 
Consistent with section 110(l) of the CAA, the revisions for this major 
VOC source will not result in additional VOC emissions and thus should 
not interfere with any applicable requirement concerning attainment.
    Other specific requirements of the 2008 8-hour ozone NAAQS case-by-
case RACT determinations for PPG Springdale and the rationale for EPA's 
action are explained more thoroughly in the NPRM, and its associated 
technical support document (TSD), and will not be restated here.

III. Public Comments and EPA Responses

    EPA received one comment relevant to PPG Springdale on the May 7, 
2021 NPRM. 86 FR 24564. 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 comment requests that EPA not take final action on 
the revisions pertaining to PPG Springdale as certain RACT requirements 
are involved in the appeal of the facility's permit before ACHD's 
hearing officer. The comment requests EPA delay action until the appeal 
is adjudicated or resolved, and any modifications to the permit are 
finalized.
    Response 1: Under Clean Air Act Section 110(k), EPA has a statutory 
responsibility to act on plan revisions submitted by states by 
specified deadlines. EPA's failure to act within those deadlines can 
subject EPA to a lawsuit for our failure to timely execute a mandatory 
statutory duty. There is no provision in the Clean Air Act to toll the 
statutory deadline pending the outcome of state proceedings, or for any 
other reason. As long as the SIP revision is pending before EPA, our 
statutory obligation to approve or disapprove that revision in whole or 
part remains. Pennsylvania could formally withdraw the SIP revision 
from EPA's consideration but has not done so. EPA therefore remains 
under a statutory duty under section 110(k) of the Act to approve or 
disapprove this SIP revision in whole or part. EPA has determined that 
it will complete its statutory duty as proposed to approve this SIP 
revision with respect to PPG Springdale. If the outcome of the appeal 
process affects the RACT determination, Pennsylvania can then submit 
any proposed SIP revision with supporting documentation for the changes 
to EPA for review and appropriate agency action. At this time EPA is 
finalizing these case-by-case RACT determinations for PPG Springdale.

IV. Final Action

    EPA is approving case-by-case RACT determinations for certain VOC 
sources at PPG Springdale, as required to meet obligations pursuant to 
the 2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
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 2008 8-hour ozone NAAQS for one 
major VOC-emitting 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.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

[[Page 57612]]

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 NOX and VOC RACT 
requirements for one facility for the 2008 8-hour ozone NAAQS may not 
be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, 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 ``PPG Industries, Inc.--Springdale''; and
0
b. Adding an entry at the end of the table for ``PPG Industries 
Springdale Plant (formerly referenced as PPG Industries, Inc.--
Springdale)''.
    The revision and addition read as follows:


Sec.  52.2020   Identification of plan.

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                        Additional
                                                                                              State                                  explanations/Sec.
           Name of source                    Permit No.                  County             effective       EPA approval date       Sec.   52.2063 and
                                                                                              date                                52.2064  citations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
PPG Industries, Inc.--Springdale....  CO-254..................  Allegheny..............        12/19/96  10/12/01, 66 FR 52050..  See also
                                                                                                                                   52.2064(l)(1).
 
                                                                      * * * * * * *
PPG Industries Springdale Plant       0057-OP18a..............  Allegheny..............       2/28/2020  9/21/2022 [INSERT        52.2064(l)(1).
 (formerly referenced as PPG                                                                              FEDERAL REGISTER
 Industries, Inc.--Springdale).                                                                           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 (l) 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).

* * * * *
    (l) Approval of source-specific RACT requirements for 2008 8-hour 
ozone national ambient air quality standard for PPG Springdale is 
incorporated as specified. (Rulemaking Docket No. EPA-OAR-2020-0575.)
    (1) PPG Industries Springdale Plant--Incorporating by reference 
Permit No. 0057-OP18a, effective February 28, 2020, as redacted by 
ACHD, which supersedes Consent Order 254, issued December 19, 1996, 
except for Conditions 1.13 through 1.22, which remain as RACT 
requirements. See also Sec.  52.2063(c)(165)(i)(B)(2), for prior RACT 
approval.
    (2) [Reserved]

[FR Doc. 2022-20108 Filed 9-20-22; 8:45 am]
BILLING CODE 6560-50-P
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