Air Plan Approval and Disapproval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality Standards (NAAQS), 66599-66603 [2024-18162]
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
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The Environmental Protection
Agency (EPA) is revising our December
14, 2020 action that fully approved two
state implementation plan (SIP)
revisions, both submitted to EPA on
August 13, 2018 by the Commonwealth
of Pennsylvania, through the
Pennsylvania Department of
Environmental Protection (PADEP).
Those SIP revisions addressed
reasonably available control technology
(RACT) requirements for the 2008 ozone
national ambient air quality standards
I. Background
On August 13, 2018, PADEP
submitted to EPA two SIP revisions to
satisfy certain RACT requirements for
sources of VOC emissions required by
sections 182(b)(2) and 184(b)(l)(B) of the
CAA and the implementing regulations
for the 2008 8-hour ozone NAAQS (80
FR 12264, March 6, 2015; 40 Code of
Federal Regulations (CFR) part 51,
subpart AA).
On December 14, 2020 (85 FR 80616),
EPA published a full approval of
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List of Subjects in 39 CFR Part 966
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Administrative practice and
procedure, Claims, Government
employees, Wages.
Accordingly, the Postal Service
amends 39 CFR part 966 as follows:
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[Revise the ‘‘nonmachinable parcels’’
line item under ‘‘Size’’ to read as
follows:]
nonstandard parcels, 101.3.0, 201.7.0
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PART 966—[AMENDED]
1. The authority citation for part 966
continues to read as follows:
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Authority: 31 U.S.C. 3716; 39 U.S.C. 204,
401, 2601.
USPS Marketing Mail, Parcels
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[Revise the ‘‘bundling for irregular
parcels’’ line item under ‘‘USPS
Marketing Mail, parcels’’ to read as
follows:]
bundling for nonstandard parcels,
245.11.4, 245.12.5
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[Revise the ‘‘presorted irregular
parcels’’ line item under ‘‘USPS
Marketing Mail, parcels’’ to read as
follows:]
presorted nonstandard parcels,
245.11.4
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2. In § 966.3, paragraph (j) is revised
to read as follows:
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§ 966.3
Definitions.
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(j) Recorder refers to the Recorder,
Judicial Officer Department, United
States Postal Service, 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078. The recorder’s telephone
number is (703) 812–1900, and the
Judicial Officer’s website is https://
about.usps.com/who/judicial/. The fax
number is (703) 812–1901.
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Christopher Doyle,
Attorney, Ethics & Legal Compliance.
Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024–18276 Filed 8–15–24; 8:45 am]
[FR Doc. 2024–18440 Filed 8–15–24; 8:45 am]
BILLING CODE P
BILLING CODE 7710–12–P
POSTAL SERVICE
ENVIRONMENTAL PROTECTION
AGENCY
39 CFR Part 966
Rules of Procedure Before the Judicial
Officer; Correction
ServiceTM.
Postal
Final rule; technical correction.
AGENCY:
ACTION:
This updates the Judicial
Office website address and corrects an
error issued during a previous filing.
DATES: Effective August 16, 2024.
FOR FURTHER INFORMATION CONTACT: Staff
Counsel Zahava Colicelli at (708) 812–
1927.
SUPPLEMENTARY INFORMATION:
SUMMARY:
The Judicial Officer Department
recently issued a final rule revising its
rules of practice with an updated
internet address for its home page. This
final rule is necessary to correct an error
made in the previous filing.
B. Explanation of Changes
Amendment to 39 CFR Part 966
Section 966.3(j) is amended to update
the internet address for the Judicial
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40 CFR Part 52
[EPA–R03–OAR–2019–0562; FRL–11960–
02–R3]
Air Plan Approval and Disapproval;
Pennsylvania; Reasonably Available
Control Technology (RACT) for Volatile
Organic Compounds (VOC) Under the
2008 Ozone National Ambient Air
Quality Standards (NAAQS)
AGENCY:
SUMMARY:
A. Background
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
(NAAQS), including those related to
control techniques guidelines (CTGs) for
volatile organic compounds (VOC) and
the addition of regulations controlling
VOC emissions from industrial cleaning
solvents. The SIP revisions also
included certain clarifying amendments
to Pennsylvania code related to major
source RACT regulations. Upon
reconsideration, EPA is revising our
prior action to partially approve and
partially disapprove the August 13,
2018 submittals. Specifically, EPA is
approving certain clarifying
amendments as well as a negative
declaration submitted by PADEP. EPA is
disapproving the remainder of both SIP
submittals related to CTGs and control
of VOC emissions from industrial
cleaning solvents. This action is being
taken under the Clean Air Act (CAA).
DATES: This final rule is effective on
September 16, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0562. 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:
Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5787. Ms. Schmitt
can also be reached via electronic mail
at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
Officer website and contact information
for the Recorder.
S
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
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PADEP’s two August 13, 2018 SIP
submittals. The approval was
challenged in the U.S. Court of Appeals
for the Third Circuit, and on September
3, 2021, that court granted EPA’s request
for remand without vacatur of the
Agency’s final full approval.1
Subsequently, a petitioner filed
litigation in the Eastern District of
Pennsylvania on May 16, 2023, arguing
that EPA had unreasonably delayed in
our reconsideration of the final approval
of the August 13, 2018 SIP submittals.
On December 15, 2023, the court filed
a consent decree requiring that EPA
complete our reconsideration of the
December 14, 2020 final rule by
November 15, 2024.2
After reconsidering this full approval,
EPA proposed to revise our prior action
and in a notice of proposed rulemaking
(NPRM) (May 17, 2024, 89 FR 43359),
the Agency proposed to partially
approve and partially disapprove parts
of the August 13, 2018 SIP submittals.
In the May 2024 NPRM, EPA proposed
approval of certain clarifying
amendments as well as a negative
declaration submitted by PADEP. EPA
proposed disapproval of the remainder
of both SIP submittals related to CTGs
and control of VOC emissions from
industrial cleaning solvents.
II. Summary of SIP Revisions and EPA
Analysis
PADEP submitted two SIP submittals
to EPA on August 13, 2018. The first of
these submittals is entitled
‘‘Certification of Reasonably Available
Control Technology for Control
Techniques Guidelines Under the 2008
Ozone National Ambient Air Quality
Standards and Incorporation of 25 Pa
Code Chapter 122 (Relating to National
Standards of Performance for New
Stationary Sources) into the
Commonwealth’s State Implementation
Plan.’’ PADEP submitted this SIP
revision for the purposes of meeting the
RACT requirements under CAA sections
182(b)(2) and 184(b)(1)(B) and
implementing the regulations for the
2008 8-hour ozone NAAQS.
Specifically, this submittal: (1) certifies
that PADEP’s adoption and
implementation of regulations to control
VOC emissions is consistent with EPA’s
CTGs and represents RACT for these
covered CTG sources for the 2008 ozone
standard; (2) incorporates 25 Pa. Code
Chapter 122 (relating to national
standards of performance for new
1 A copy of the court order is located in the
docket for this action. Docket Id. EPA–R03–OAR–
2019–0562 in regulations.gov.
2 A copy of the court order is located in the
docket for this action. Docket Id. EPA–R03–OAR–
2019–0562 in regulations.gov.
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stationary sources) into the
Pennsylvania SIP and certifies that
those provisions continue to represent
RACT for facilities subject to such
standards of performance; and (3)
incorporates specific permit conditions
from certain facilities for the purpose of
establishing source-specific RACT-level
controls for those facilities.
The second August 13, 2018 SIP
submittal, entitled ‘‘Control of Volatile
Organic Compound Emissions from
Industrial Cleaning Solvents; General
Provisions; Aerospace Manufacturing
and Rework; Additional RACT
Requirements for Major Sources of NOX
and VOCs,’’ includes: (1) the addition of
25 Pa. Code 129.63a (relating to the
control of VOC from industrial cleaning
solvents (ICS)); (2) amendments to 25
Pa. Code sections 121.1 and 129.51
(definitions and ‘‘general’’ provisions,
respectively) in order to support the
addition and implementation of 25 Pa.
Code section 129.63a; (3) an
administrative numbering correction a
number correction to the VOC emission
limit table in 25 Pa. Code section 129.73
(relating to aerospace manufacturing
and re-work); and (4) amendments to 25
Pa. Code sections 129.96, 129.97,
129.99, and 129.100 to clarify certain
requirements and to update the list of
exemptions.
After reconsideration, EPA, in our 89
FR 43359, May 17, 2024 NPRM,
proposed a partial disapproval and
partial approval of the August 13, 2018
SIP submittals. In the NPRM associated
with this action, EPA proposed to
determine that the Agency erred in
previously approving: the CTG portion
of PADEP’s RACT certification SIP,
PADEP’s determination that NSPS
provisions meet CTG requirements and
therefore are sufficient to implement
RACT,3 PADEP’s determination that
particular emission limitations in
certain permits constitute RACT, and
PADEP’s determination that the 2006
ICS CTG is equal to RACT for the 2008
8-hour ozone NAAQs.4 As explained in
greater detail in our May 17, 2024
NPRM, PADEP failed in their August 13,
2018 SIP submittals to provide a
sufficiently robust and well-developed
record for their RACT determinations.
The May 2024 NPRM proposed to
retain our approval of PADEP’s negative
3 While EPA proposed to disapprove PADEP’s
determination that NSPS provisions meet RACT
requirements, the Agency did not propose to
disapprove PADEP’s request to incorporate by
reference the NSPS requirements on their own.
4 EPA also proposed to disapprove PADEP’s
amendments to 25 Pa. Code sections 121.1 and
129.51 as they support the addition and
implementation of section 129.63a, which EPA
proposed to disapprove.
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declaration for one CTG source category,
‘‘Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners,’’ 5 as there are no sources in
Pennsylvania (excluding Philadelphia
County and Allegheny County).6 In our
May 17, 2024 NPRM, we also proposed
to retain our approval of PADEP’s
amendments to 25 Pa. Code sections
122.1, 122.2, 122.3, 129.73, 129.96,
129.97, 129.99, and 129.100, as these
amendments do not impact how PADEP
determined that RACT was met by
certain sources.
III. EPA’s Response to Comments
Received
Comments: EPA received comments
from one commenter, PADEP. In their
comments, PADEP states that the
Department ‘‘continues to certify that
their current VOC CTG based rules
continue to represent RACT in
Pennsylvania.’’ PADEP asserts that the
‘‘control measures, rules, and
regulations’’ that they have in place
have been sufficient to reach
‘‘monitored attainment of the 2008
ozone NAAQS across the
Commonwealth of Pennsylvania.’’
PADEP requests that EPA consider that
the control measures in place in 2017
were sufficient for Pennsylvania to
monitor compliance with the 2008
ozone NAAQS and therefore additional
emissions reductions are unnecessary.
To support its certification that
Pennsylvania’s existing CTG RACT
rules meet RACT for the 2008 ozone
NAAQS, PADEP also submitted, as part
of their comments, additional
documentation of their review of their
CTG rules and regulations.
Response: PADEP argues that
additional emissions reductions are not
needed through RACT because the
control measures, rules, and regulations
in place in the Commonwealth have
been sufficient to reach monitored
attainment of the 2008 ozone NAAQS
across Pennsylvania. However, this fact
does not change the standard by which
EPA must review these SIPs. As
explained in our May 2024 NPRM,
Pennsylvania’s RACT requirements
stem from CAA section 184(b), which
provides that states in Ozone Transport
Region (OTR) must follow moderate
nonattainment area RACT requirements
of section 182(b)(2), regardless of the
attainment status in the state. Therefore,
PADEP’s RACT responsibilities do not
5 EPA–450/3–82–009;
September 1982.
record in our original action in support of
this negative declaration, as discussed in that action
(85 FR at 80617, December 14, 2020, and the
associated technical support document (TSD)), was
sufficiently robust and well-developed.
6 The
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change based on the attainment status or
ozone monitor design values.
In both the OTR and nonattainment
areas, EPA disagrees that monitored air
quality alters a state’s obligation to
assess and adopt RACT for CTG-covered
sources and major sources of VOC and
nitrogen oxides (NOX). EPA has defined
RACT as the most stringent emission
limitation that a particular source is
capable of meeting by the application of
control technology that is reasonably
available considering technological and
economic feasibility. EPA has long
taken the position that the statutory
requirement for states to assess and
adopt RACT for sources exist
independently from the attainment
demonstration for such areas.7
PADEP submitted its comments and
additional supporting documentation to
establish that Pennsylvania’s CTG based
rules and controls meet RACT for the
2008 ozone NAAQS and should not be
disapproved. PADEP requests that EPA
approve Pennsylvania CTG RACT
certification. EPA disagrees that
PADEP’s submitted comments and
accompanying documentation
constitute a part of the rulemaking
record upon which EPA can now
approve Pennsylvania’s CTG RACT
certification. As stated in EPA’s
implementation rules for the ozone
NAAQS, an air agency choosing to
provide a written certification in lieu of
submitting a new or revised regulation
must provide the certification to EPA
qualifying as a SIP revision in
accordance with CAA section 110 and
40 CFR 51.102, 103 and part 51
appendix V.8 EPA made clear in the
2015 ozone NAAQS implementation
rule that ‘‘(t)hese written statements
must be treated in the same manner as
any other SIP submission and must be
provided to EPA in accordance with
applicable SIP submission requirements
and deadlines.’’ 9 A fundamental
requirement of the SIP revision process
is providing for public notice and
comment, and opportunity for public
hearing at the state level. PADEP did not
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7 See
Memo from John Seitz, ‘‘Reasonable Further
Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality
Standard’’ (1995), at 5 (explaining that Subpart 2
requirements linked to the attainment
demonstration are suspended by a finding that a
nonattainment area is attaining but that
requirements such as RACT and vehicle inspection
and maintenance must be met whether or not an
area has attained the standard); see also 40 CFR
51.1318 (suspending attainment demonstrations,
reasonably available control measures, reasonable
further progress, contingency measures, and other
attainment planning SIPs with a finding of
attainment).
8 See 83 FR 62998, 63002 (December 6, 2018).
9 Id.
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satisfy this requirement with its
comment submittal and would need to
submit this kind of supporting
documentation as part of a SIP revision
following state level notice and
comment. For this reason alone,
PADEP’s submitted comments and
accompanying documentation do not
comprise any part of the record for this
rulemaking and so as such were not
considered by EPA, and do not alter our
proposed disapproval of Pennsylvania’s
CTG RACT certification.
IV. Final Action
EPA is amending our prior full
approval of PADEP’s August 13, 2018
SIP submittals to a partial approval and
partial disapproval. Specifically:
• For the August 13, 2018 SIP
submittal titled ‘‘Certification of
Reasonably Available Control
Technology for Control Techniques
Guidelines Under the 2008 Ozone
National Ambient Air Quality Standards
and Incorporation of 25 Pa Code
Chapter 122 (Relating to National
Standards of Performance for New
Stationary Sources) into the
Commonwealth’s State Implementation
Plan.’’
D EPA is disapproving the PADEP’s
certification that their adoption and
implementation of regulations to control
VOC emissions is consistent with EPA’s
CTGs and represents RACT for these
covered CTG sources for the 2008 ozone
standard;
D EPA is approving the incorporation
of 25 Pa. Code Chapter 122 (relating to
national standards of performance for
new stationary sources) into the
Pennsylvania SIP;
D EPA is disapproving PADEP’s
certification that 25 Pa. Code Chapter
122 continues to represent RACT for
facilities subject to such standards of
performance; and
D EPA is disapproving PADEP’s
incorporation of specific permit
conditions from certain facilities for the
purpose of establishing source-specific
RACT-level controls for those facilities.
• For the August 13, 2018 SIP
submittal, titled ‘‘Control of Volatile
Organic Compound Emissions from
Industrial Cleaning Solvents; General
Provisions; Aerospace Manufacturing
and Rework; Additional RACT
Requirements for Major Sources of NOX
and VOCs.’’
D EPA is disapproving the addition of
25 Pa. Code 129.63a (relating to the
control of VOC from industrial cleaning
solvents (ICS)).
D EPA is disapproving the
amendments to 25 Pa. Code sections
121.1 and 129.51.
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D EPA is approving an administrative
numbering correction to the VOC
emission limit table in 25 Pa. Code
section 129.73; and
D EPA is approving the amendments
to 25 Pa. Code sections 129.96, 129.97,
129.99, and 129.100.
In finalizing the disapproval, a
sanctions clock under CAA section 179
begins. If EPA has not fully approved a
revised plan within 18 months after this
final disapproval, emission offset
sanctions for new or modified sources
will begin. If EPA has not approved a
revised plan within six months
thereafter, highway funding sanctions
will apply in affected nonattainment
areas.10 The sanctions clock can be
stopped only if the conditions of EPA’s
regulations at 40 CFR 52.31 are met.
Pursuant to CAA section 110(c)(1)(B),
this final disapproval also initiates an
obligation for EPA to promulgate a
Federal implementation plan (FIP)
within 24 months unless PADEP has
submitted, and EPA has approved, a
plan addressing the applicable RACT
requirements.
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, and as discussed in sections II and
IV of the preamble, EPA is reaffirming
our prior final action for the
incorporation by reference of 25 Pa.
Code sections 122.1, 122.2, 122.3,
129.73, 129.96, 129.97, 129.99, and
129.100. These measures had been
incorporated by reference into the SIP
under a previous approval (85 FR
80625, December 14, 2020) and the
Agency will retain them. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at EPA Region
III Office (please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
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,
10 For the OTR states, such highway sanctions
would only apply in nonattainment areas. If the
OTR state does not contain any nonattainment
areas, then the highway sanctions would not apply
in that state.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Rules and Regulations
provided that they meet the criteria of
the CAA. Accordingly, this final action
partially disapproves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law.
Additional information about these
statutes and Executive Orders can be
found at www.epa.gov/laws-regulations/
laws-and-executive-orders.
Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Population
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ PADEP did not evaluate
environmental justice considerations as
part of their SIP submittals; the CAA
and applicable implementing
regulations neither prohibit nor require
such an evaluation. EPA did not
perform an EJ analysis and did not
consider EJ in this action. Consideration
State citation
of EJ is not required as part of this
action, and there is no information in
the record inconsistent with the stated
goals of E.O. 12898 of achieving
environmental justice for people of
color, low-income populations, and
indigenous peoples.
Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
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 October 15, 2024. 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 partial approval and partial
disapproval 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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020:
a. The table in paragraph (c)(1) is
amended:
■ i. Under ‘‘Chapter 121—General
Provisions’’, by removing the third entry
for ‘‘Section 121.1’’;
■ ii. Under ‘‘Chapter 129—Standards for
Sources’’ by:
■ i. Revising the entry ‘‘Section 129.51’’;
and
■ ii. Removing the entry ‘‘Section
129.63a’’;
■ b. The table in paragraph (d)(1) is
amended by removing the entries for
‘‘Donjon Shipbuilding’’, ‘‘Heartland
Fabrication, LLC’’, and ‘‘Geo Speciality
Chem Trimet Div’’; and
■ c. The table in paragraph (e)(1) is
amended by revising the entry
‘‘Reasonably Available Control
Technology (RACT) for the 2008 ozone
national ambient air quality standard
(NAAQS)’’.
The revisions read as follows:
■
■
§ 52.2020
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Adam Ortiz,
Regional Administrator, Region III.
Identification of plan.
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(c) * * *
(1) * * *
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For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
Title/subject
State
effective
date
EPA approval date
Additional explanation/§ 52.20630
citation
Title 25—Environmental Protection
Article III—Air Resources
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Chapter 129—Standards for Sources
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Section 129.51 ........................................
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8/16/2024, [INSERT FEDERAL REGISTER CITATION].
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After reconsideration of previous approval, removing references to Section 129.63a.
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Applicable
geographic
area
Name of non-regulatory SIP revision
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Reasonably Available Control Technology (RACT) for the 2008 ozone
national ambient air quality standard
(NAAQS).
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Statewide ..........
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2024–0168; FRL–11815–01–
OAR]
Findings of Failure To Submit State
Implementation Plan Revisions for
Nonattainment Areas for the 2010 1Hour Primary Sulfur Dioxide National
Ambient Air Quality Standard
lotter on DSK11XQN23PROD with RULES1
Jkt 262001
*
Angelina Brashear, Office of Air Quality
Planning and Standards, Air Quality
Policy Division (C539–01), U.S.
Environmental Protection Agency,
Research Triangle Park, NC; telephone
number: (919) 541–4746; email address:
brashear.angelina@epa.gov.
A. How is this Federal Register
document organized?
The information presented in this
preamble is organized as follows:
I. General Information
A. How is this Federal Register document
organized?
B. Notice and Comment Under the
Administrative Procedure Act (APA)
C. Where can I get a copy of this document
and other related information?
D. Where do I go if I have specific State
questions?
II. Background
III. Consequences of Findings of Failure To
Submit
IV. Findings of Failure To Submit for States
That Failed To Make a Nonattainment
Area SIP Submittal
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review, Executive Order
13563: Improving Regulation and
Regulatory Review, and Executive Order
14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Frm 00061
Fmt 4700
*
*
After reconsideration of previous approval of CTG portion, EPA is now
disapproving, with the exception of
one negative declaration.
*
FOR FURTHER INFORMATION CONTACT:
PO 00000
Additional explanation
*
8/16/2024, [INSERT FEDERAL REGISTER CITATION].
I. General Information
The Environmental Protection
Agency (EPA) is taking final action to
find that four States failed to submit
State Implementation Plan (SIP)
revisions required by the Clean Air Act
(CAA) in a timely manner for certain
nonattainment areas for the 2010 1-hour
sulfur dioxide (SO2) National Ambient
Air Quality Standard (NAAQS). The
States that failed to submit the required
SIP revisions are Arizona, Louisiana,
New York, and Virginia. This action
triggers certain CAA deadlines for the
imposition of sanctions if a State does
not submit a complete SIP addressing
the outstanding requirements and for
the EPA to promulgate a Federal
Implementation Plan (FIP) if the EPA
does not approve the State’s SIP
revision addressing the outstanding
requirements.
DATES: This final action is effective on
September 16, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–HQ–OAR–2024–0168. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
16:32 Aug 15, 2024
*
8/13/18
SUPPLEMENTARY INFORMATION:
Environmental Protection
Agency (EPA).
ACTION: Final action.
AGENCY:
VerDate Sep<11>2014
EPA approval date
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 electronically through https://
www.regulations.gov.
*
[FR Doc. 2024–18162 Filed 8–15–24; 8:45 am]
SUMMARY:
State
submittal
date
Sfmt 4700
*
*
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority and Low Income Populations
and Executive Order 14096: Revitalizing
Our Nation’s Commitment to
Environmental Justice for All
K. Congressional Review Act (CRA)
L. Judicial Review
B. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA, 5 U.S.C.
553(b)(4)(B), provides that, when an
agency for good cause finds that notice
and public procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for making this final agency
action without prior proposal and
opportunity for comment because no
significant EPA judgment is involved in
making findings of failure to submit
SIPs, or elements of SIPs, required by
the CAA, where States have made no
submissions to meet the requirement.
Thus, notice and public procedures are
unnecessary to take this action. The
EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(4)(B).
C. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this
Federal Register document will be
posted at https://www.epa.gov/so2pollution/2010-sulfur-dioxide-nationalambient-air-quality-standardsimplementation-actions.
D. Where do I go if I have specific State
questions?
For questions related to specific States
mentioned in this document, please
contact the appropriate EPA Regional
office:
E:\FR\FM\16AUR1.SGM
16AUR1
]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66599-66603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18162]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0562; FRL-11960-02-R3]
Air Plan Approval and Disapproval; Pennsylvania; Reasonably
Available Control Technology (RACT) for Volatile Organic Compounds
(VOC) Under the 2008 Ozone National Ambient Air Quality Standards
(NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is revising our
December 14, 2020 action that fully approved two state implementation
plan (SIP) revisions, both submitted to EPA on August 13, 2018 by the
Commonwealth of Pennsylvania, through the Pennsylvania Department of
Environmental Protection (PADEP). Those SIP revisions addressed
reasonably available control technology (RACT) requirements for the
2008 ozone national ambient air quality standards (NAAQS), including
those related to control techniques guidelines (CTGs) for volatile
organic compounds (VOC) and the addition of regulations controlling VOC
emissions from industrial cleaning solvents. The SIP revisions also
included certain clarifying amendments to Pennsylvania code related to
major source RACT regulations. Upon reconsideration, EPA is revising
our prior action to partially approve and partially disapprove the
August 13, 2018 submittals. Specifically, EPA is approving certain
clarifying amendments as well as a negative declaration submitted by
PADEP. EPA is disapproving the remainder of both SIP submittals related
to CTGs and control of VOC emissions from industrial cleaning solvents.
This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on September 16, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0562. 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: Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5787. Ms. Schmitt can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 13, 2018, PADEP submitted to EPA two SIP revisions to
satisfy certain RACT requirements for sources of VOC emissions required
by sections 182(b)(2) and 184(b)(l)(B) of the CAA and the implementing
regulations for the 2008 8-hour ozone NAAQS (80 FR 12264, March 6,
2015; 40 Code of Federal Regulations (CFR) part 51, subpart AA).
On December 14, 2020 (85 FR 80616), EPA published a full approval
of
[[Page 66600]]
PADEP's two August 13, 2018 SIP submittals. The approval was challenged
in the U.S. Court of Appeals for the Third Circuit, and on September 3,
2021, that court granted EPA's request for remand without vacatur of
the Agency's final full approval.\1\ Subsequently, a petitioner filed
litigation in the Eastern District of Pennsylvania on May 16, 2023,
arguing that EPA had unreasonably delayed in our reconsideration of the
final approval of the August 13, 2018 SIP submittals. On December 15,
2023, the court filed a consent decree requiring that EPA complete our
reconsideration of the December 14, 2020 final rule by November 15,
2024.\2\
---------------------------------------------------------------------------
\1\ A copy of the court order is located in the docket for this
action. Docket Id. EPA-R03-OAR-2019-0562 in regulations.gov.
\2\ A copy of the court order is located in the docket for this
action. Docket Id. EPA-R03-OAR-2019-0562 in regulations.gov.
---------------------------------------------------------------------------
After reconsidering this full approval, EPA proposed to revise our
prior action and in a notice of proposed rulemaking (NPRM) (May 17,
2024, 89 FR 43359), the Agency proposed to partially approve and
partially disapprove parts of the August 13, 2018 SIP submittals. In
the May 2024 NPRM, EPA proposed approval of certain clarifying
amendments as well as a negative declaration submitted by PADEP. EPA
proposed disapproval of the remainder of both SIP submittals related to
CTGs and control of VOC emissions from industrial cleaning solvents.
II. Summary of SIP Revisions and EPA Analysis
PADEP submitted two SIP submittals to EPA on August 13, 2018. The
first of these submittals is entitled ``Certification of Reasonably
Available Control Technology for Control Techniques Guidelines Under
the 2008 Ozone National Ambient Air Quality Standards and Incorporation
of 25 Pa Code Chapter 122 (Relating to National Standards of
Performance for New Stationary Sources) into the Commonwealth's State
Implementation Plan.'' PADEP submitted this SIP revision for the
purposes of meeting the RACT requirements under CAA sections 182(b)(2)
and 184(b)(1)(B) and implementing the regulations for the 2008 8-hour
ozone NAAQS. Specifically, this submittal: (1) certifies that PADEP's
adoption and implementation of regulations to control VOC emissions is
consistent with EPA's CTGs and represents RACT for these covered CTG
sources for the 2008 ozone standard; (2) incorporates 25 Pa. Code
Chapter 122 (relating to national standards of performance for new
stationary sources) into the Pennsylvania SIP and certifies that those
provisions continue to represent RACT for facilities subject to such
standards of performance; and (3) incorporates specific permit
conditions from certain facilities for the purpose of establishing
source-specific RACT-level controls for those facilities.
The second August 13, 2018 SIP submittal, entitled ``Control of
Volatile Organic Compound Emissions from Industrial Cleaning Solvents;
General Provisions; Aerospace Manufacturing and Rework; Additional RACT
Requirements for Major Sources of NOX and VOCs,'' includes:
(1) the addition of 25 Pa. Code 129.63a (relating to the control of VOC
from industrial cleaning solvents (ICS)); (2) amendments to 25 Pa. Code
sections 121.1 and 129.51 (definitions and ``general'' provisions,
respectively) in order to support the addition and implementation of 25
Pa. Code section 129.63a; (3) an administrative numbering correction a
number correction to the VOC emission limit table in 25 Pa. Code
section 129.73 (relating to aerospace manufacturing and re-work); and
(4) amendments to 25 Pa. Code sections 129.96, 129.97, 129.99, and
129.100 to clarify certain requirements and to update the list of
exemptions.
After reconsideration, EPA, in our 89 FR 43359, May 17, 2024 NPRM,
proposed a partial disapproval and partial approval of the August 13,
2018 SIP submittals. In the NPRM associated with this action, EPA
proposed to determine that the Agency erred in previously approving:
the CTG portion of PADEP's RACT certification SIP, PADEP's
determination that NSPS provisions meet CTG requirements and therefore
are sufficient to implement RACT,\3\ PADEP's determination that
particular emission limitations in certain permits constitute RACT, and
PADEP's determination that the 2006 ICS CTG is equal to RACT for the
2008 8-hour ozone NAAQs.\4\ As explained in greater detail in our May
17, 2024 NPRM, PADEP failed in their August 13, 2018 SIP submittals to
provide a sufficiently robust and well-developed record for their RACT
determinations.
---------------------------------------------------------------------------
\3\ While EPA proposed to disapprove PADEP's determination that
NSPS provisions meet RACT requirements, the Agency did not propose
to disapprove PADEP's request to incorporate by reference the NSPS
requirements on their own.
\4\ EPA also proposed to disapprove PADEP's amendments to 25 Pa.
Code sections 121.1 and 129.51 as they support the addition and
implementation of section 129.63a, which EPA proposed to disapprove.
---------------------------------------------------------------------------
The May 2024 NPRM proposed to retain our approval of PADEP's
negative declaration for one CTG source category, ``Control of Volatile
Organic Compound Emissions from Large Petroleum Dry Cleaners,'' \5\ as
there are no sources in Pennsylvania (excluding Philadelphia County and
Allegheny County).\6\ In our May 17, 2024 NPRM, we also proposed to
retain our approval of PADEP's amendments to 25 Pa. Code sections
122.1, 122.2, 122.3, 129.73, 129.96, 129.97, 129.99, and 129.100, as
these amendments do not impact how PADEP determined that RACT was met
by certain sources.
---------------------------------------------------------------------------
\5\ EPA-450/3-82-009; September 1982.
\6\ The record in our original action in support of this
negative declaration, as discussed in that action (85 FR at 80617,
December 14, 2020, and the associated technical support document
(TSD)), was sufficiently robust and well-developed.
---------------------------------------------------------------------------
III. EPA's Response to Comments Received
Comments: EPA received comments from one commenter, PADEP. In their
comments, PADEP states that the Department ``continues to certify that
their current VOC CTG based rules continue to represent RACT in
Pennsylvania.'' PADEP asserts that the ``control measures, rules, and
regulations'' that they have in place have been sufficient to reach
``monitored attainment of the 2008 ozone NAAQS across the Commonwealth
of Pennsylvania.'' PADEP requests that EPA consider that the control
measures in place in 2017 were sufficient for Pennsylvania to monitor
compliance with the 2008 ozone NAAQS and therefore additional emissions
reductions are unnecessary. To support its certification that
Pennsylvania's existing CTG RACT rules meet RACT for the 2008 ozone
NAAQS, PADEP also submitted, as part of their comments, additional
documentation of their review of their CTG rules and regulations.
Response: PADEP argues that additional emissions reductions are not
needed through RACT because the control measures, rules, and
regulations in place in the Commonwealth have been sufficient to reach
monitored attainment of the 2008 ozone NAAQS across Pennsylvania.
However, this fact does not change the standard by which EPA must
review these SIPs. As explained in our May 2024 NPRM, Pennsylvania's
RACT requirements stem from CAA section 184(b), which provides that
states in Ozone Transport Region (OTR) must follow moderate
nonattainment area RACT requirements of section 182(b)(2), regardless
of the attainment status in the state. Therefore, PADEP's RACT
responsibilities do not
[[Page 66601]]
change based on the attainment status or ozone monitor design values.
In both the OTR and nonattainment areas, EPA disagrees that
monitored air quality alters a state's obligation to assess and adopt
RACT for CTG-covered sources and major sources of VOC and nitrogen
oxides (NOX). EPA has defined RACT as the most stringent
emission limitation that a particular source is capable of meeting by
the application of control technology that is reasonably available
considering technological and economic feasibility. EPA has long taken
the position that the statutory requirement for states to assess and
adopt RACT for sources exist independently from the attainment
demonstration for such areas.\7\
---------------------------------------------------------------------------
\7\ See Memo from John Seitz, ``Reasonable Further Progress,
Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone National Ambient Air Quality
Standard'' (1995), at 5 (explaining that Subpart 2 requirements
linked to the attainment demonstration are suspended by a finding
that a nonattainment area is attaining but that requirements such as
RACT and vehicle inspection and maintenance must be met whether or
not an area has attained the standard); see also 40 CFR 51.1318
(suspending attainment demonstrations, reasonably available control
measures, reasonable further progress, contingency measures, and
other attainment planning SIPs with a finding of attainment).
---------------------------------------------------------------------------
PADEP submitted its comments and additional supporting
documentation to establish that Pennsylvania's CTG based rules and
controls meet RACT for the 2008 ozone NAAQS and should not be
disapproved. PADEP requests that EPA approve Pennsylvania CTG RACT
certification. EPA disagrees that PADEP's submitted comments and
accompanying documentation constitute a part of the rulemaking record
upon which EPA can now approve Pennsylvania's CTG RACT certification.
As stated in EPA's implementation rules for the ozone NAAQS, an air
agency choosing to provide a written certification in lieu of
submitting a new or revised regulation must provide the certification
to EPA qualifying as a SIP revision in accordance with CAA section 110
and 40 CFR 51.102, 103 and part 51 appendix V.\8\ EPA made clear in the
2015 ozone NAAQS implementation rule that ``(t)hese written statements
must be treated in the same manner as any other SIP submission and must
be provided to EPA in accordance with applicable SIP submission
requirements and deadlines.'' \9\ A fundamental requirement of the SIP
revision process is providing for public notice and comment, and
opportunity for public hearing at the state level. PADEP did not
satisfy this requirement with its comment submittal and would need to
submit this kind of supporting documentation as part of a SIP revision
following state level notice and comment. For this reason alone,
PADEP's submitted comments and accompanying documentation do not
comprise any part of the record for this rulemaking and so as such were
not considered by EPA, and do not alter our proposed disapproval of
Pennsylvania's CTG RACT certification.
---------------------------------------------------------------------------
\8\ See 83 FR 62998, 63002 (December 6, 2018).
\9\ Id.
---------------------------------------------------------------------------
IV. Final Action
EPA is amending our prior full approval of PADEP's August 13, 2018
SIP submittals to a partial approval and partial disapproval.
Specifically:
For the August 13, 2018 SIP submittal titled
``Certification of Reasonably Available Control Technology for Control
Techniques Guidelines Under the 2008 Ozone National Ambient Air Quality
Standards and Incorporation of 25 Pa Code Chapter 122 (Relating to
National Standards of Performance for New Stationary Sources) into the
Commonwealth's State Implementation Plan.''
[ssquf] EPA is disapproving the PADEP's certification that their
adoption and implementation of regulations to control VOC emissions is
consistent with EPA's CTGs and represents RACT for these covered CTG
sources for the 2008 ozone standard;
[ssquf] EPA is approving the incorporation of 25 Pa. Code Chapter
122 (relating to national standards of performance for new stationary
sources) into the Pennsylvania SIP;
[ssquf] EPA is disapproving PADEP's certification that 25 Pa. Code
Chapter 122 continues to represent RACT for facilities subject to such
standards of performance; and
[ssquf] EPA is disapproving PADEP's incorporation of specific
permit conditions from certain facilities for the purpose of
establishing source-specific RACT-level controls for those facilities.
For the August 13, 2018 SIP submittal, titled ``Control of
Volatile Organic Compound Emissions from Industrial Cleaning Solvents;
General Provisions; Aerospace Manufacturing and Rework; Additional RACT
Requirements for Major Sources of NOX and VOCs.''
[ssquf] EPA is disapproving the addition of 25 Pa. Code 129.63a
(relating to the control of VOC from industrial cleaning solvents
(ICS)).
[ssquf] EPA is disapproving the amendments to 25 Pa. Code sections
121.1 and 129.51.
[ssquf] EPA is approving an administrative numbering correction to
the VOC emission limit table in 25 Pa. Code section 129.73; and
[ssquf] EPA is approving the amendments to 25 Pa. Code sections
129.96, 129.97, 129.99, and 129.100.
In finalizing the disapproval, a sanctions clock under CAA section
179 begins. If EPA has not fully approved a revised plan within 18
months after this final disapproval, emission offset sanctions for new
or modified sources will begin. If EPA has not approved a revised plan
within six months thereafter, highway funding sanctions will apply in
affected nonattainment areas.\10\ The sanctions clock can be stopped
only if the conditions of EPA's regulations at 40 CFR 52.31 are met.
Pursuant to CAA section 110(c)(1)(B), this final disapproval also
initiates an obligation for EPA to promulgate a Federal implementation
plan (FIP) within 24 months unless PADEP has submitted, and EPA has
approved, a plan addressing the applicable RACT requirements.
---------------------------------------------------------------------------
\10\ For the OTR states, such highway sanctions would only apply
in nonattainment areas. If the OTR state does not contain any
nonattainment areas, then the highway sanctions would not apply in
that state.
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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, and as discussed in sections II and IV of the preamble, EPA is
reaffirming our prior final action for the incorporation by reference
of 25 Pa. Code sections 122.1, 122.2, 122.3, 129.73, 129.96, 129.97,
129.99, and 129.100. These measures had been incorporated by reference
into the SIP under a previous approval (85 FR 80625, December 14, 2020)
and the Agency will retain them. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at EPA Region III Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. Statutory and Executive Order Reviews
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,
[[Page 66602]]
provided that they meet the criteria of the CAA. Accordingly, this
final action partially disapproves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.
Additional information about these statutes and Executive Orders
can be found at www.epa.gov/laws-regulations/laws-and-executive-orders.
Executive Order 12898: Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Population
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies to identify and address ``disproportionately high and
adverse human health or environmental effects'' of their actions on
minority populations and low-income populations to the greatest extent
practicable and permitted by law. EPA defines environmental justice
(EJ) as ``the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation, and enforcement of environmental laws,
regulations, and policies.'' EPA further defines the term fair
treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.'' PADEP did not evaluate environmental justice considerations
as part of their SIP submittals; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goals of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and indigenous peoples.
Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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 October 15, 2024. 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 partial approval and partial disapproval 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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:
0
a. The table in paragraph (c)(1) is amended:
0
i. Under ``Chapter 121--General Provisions'', by removing the third
entry for ``Section 121.1'';
0
ii. Under ``Chapter 129--Standards for Sources'' by:
0
i. Revising the entry ``Section 129.51''; and
0
ii. Removing the entry ``Section 129.63a'';
0
b. The table in paragraph (d)(1) is amended by removing the entries for
``Donjon Shipbuilding'', ``Heartland Fabrication, LLC'', and ``Geo
Speciality Chem Trimet Div''; and
0
c. The table in paragraph (e)(1) is amended by revising the entry
``Reasonably Available Control Technology (RACT) for the 2008 ozone
national ambient air quality standard (NAAQS)''.
The revisions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective EPA approval date explanation/Sec.
date 52.20630 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 129--Standards for Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 129.51.................. General................. 8/11/18 8/16/2024, [INSERT After
FEDERAL REGISTER reconsideration
CITATION]. of previous
approval,
removing
references to
Section 129.63a.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
(1) * * *
[[Page 66603]]
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonably Available Control Statewide............... 8/13/18 8/16/2024, [INSERT After
Technology (RACT) for the 2008 FEDERAL REGISTER reconsideration
ozone national ambient air CITATION]. of previous
quality standard (NAAQS). approval of CTG
portion, EPA is
now disapproving,
with the
exception of one
negative
declaration.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-18162 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P
