Air Plan Approval; Pennsylvania; Adoption of Federal Implementation Plan Reasonably Available Control Technology Requirements for Keystone, Conemaugh, Homer City, and Montour Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards, 87955-87960 [2024-25604]
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
between October 31, 2024, and
November 30, 2024, after issuance of a
BNM, as detailed above.
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2024–25718 Filed 11–5–24; 8:45 am]
■
BILLING CODE 9110–04–P
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T05–0972, to read as
follows.
■
(a) Location. All navigable waters, on
a portion of the Atlantic Ocean, within
500 yards of a sunken vessel being
salvaged, in position latitude
40°05′32.3″ N, longitude 74°01′28.4″ W.
(WGS 84)
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Sector Delaware Bay
in the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter or remain
in the safety zone described in
paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or (215) 271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. (1) The safety zone
created by this section will be enforced
only upon issuance of a Broadcast
Notice to Mariners (BNM) by the COTP,
as well as on-scene notice or other
appropriate means in accordance with
§ 165.7.
(2) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This rule will
be enforced for a seven-day period
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40 CFR Part 52
[EPA–R03–OAR–2024–0302; FRL–12064–
02–R3]
§ 165.T05–0972 Safety Zone; Atlantic
Ocean, Point Pleasant Beach, NJ.
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Dated: October 31, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
87955
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:
Sean Silverman, 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) 814–5511. Mr.
Silverman can also be reached via
electronic mail at silverman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
Air Plan Approval; Pennsylvania;
Adoption of Federal Implementation
Plan Reasonably Available Control
Technology Requirements for
Keystone, Conemaugh, Homer City,
and Montour Generating Facilities for
the 1997 and 2008 Ozone National
Ambient Air Quality Standards
I. Background
On August 16, 2022, (87 FR 50257)
EPA took final action to disapprove
portions of a Pennsylvania SIP revision
submitted May 16, 2016 that, among
other things, established NOX emission
limitations for the coal-fired EGUs
equipped with SCR at the Keystone,
Conemaugh, Homer City, and Montour
AGENCY: Environmental Protection
facilities, to satisfy certain RACT
Agency (EPA).
obligations for the 1997 and 2008 ozone
ACTION: Final rule.
NAAQS.1 EPA’s August 16, 2022, final
SUMMARY: The Environmental Protection disapproval started a sanctions clock
Agency (EPA) is approving a portion of
under CAA section 179 and 40 CFR
the state implementation plan (SIP)
52.31. The two-to-one new source
revisions submitted by the
emissions offset sanction took effect on
Commonwealth of Pennsylvania. The
March 15, 2024 (18 months following
revisions being approved adopt nitrogen the September 15, 2022, effective date of
oxides (NOX) emission limits and
the August 16, 2022, disapproval, 87 FR
requirements for the coal-fired electric
50257). Highway funding sanctions
generating units (EGUs) equipped with
would have taken effect September 15,
selective catalytic reduction (SCR) at the 2024, unless the state submitted, and
Keystone, Conemaugh, Homer City, and EPA approved, SIP revisions correcting
Montour facilities. The NOX limits
the deficiencies identified in the August
address reasonably available control
16, 2022, disapproval action.
On August 31, 2022, EPA issued a
technology (RACT) requirements for
these EGUs for the 1997 and 2008 ozone Federal implementation plan (FIP)
adopting NOX RACT limits for these
national ambient air quality standards
four sources addressing these same
(NAAQS) and address the deficiencies
RACT obligations. 87 FR 53381. Three
identified in EPA’s August 16, 2022,
of the sources subject to the FIP filed a
disapproval of an earlier SIP
challenge to the FIP in the U.S. Third
submission. This action is being taken
Circuit Court of Appeals. Keystoneunder the Clean Air Act (CAA).
Conemaugh Projects LLC v. EPA, et al.,
DATES: This final rule is effective on
No. 22–3026. Following briefing and
December 6, 2024.
oral argument, on May 2, 2024, the
ADDRESSES: EPA has established a
Third Circuit issued a decision
docket for this action under Docket ID
Number EPA–R03–OAR–2024–0302. All upholding the RACT limits and other
requirements in EPA’s August 31, 2022,
documents in the docket are listed on
FIP. The court decided and resolved all
the www.regulations.gov website.
issues raised by the Petitioners in EPA’s
Although listed in the index, some
favor. Id.
information is not publicly available,
On April 10, 2024, Pennsylvania
e.g., confidential business information
Department
of Environmental Protection
(CBI) or other information whose
(PADEP) submitted two SIP revisions to
disclosure is restricted by statute.
Certain other material, such as
1 A more detailed and complete summary of the
copyrighted material, is not placed on
history of the RACT limits for these EGUs can be
the internet and will be publicly
found in the Notice of Proposed Rulemaking for this
final action. 89 FR 56680 (July 10, 2024).
available only in hard copy form.
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
EPA which adopted into the SIP the
NOX limits and other requirements
found in EPA’s final August 31, 2022,
FIP for Keystone, Conemaugh, Homer
City, and Montour (Montour was
submitted separately). On July 10, 2024,
EPA published a notice of proposed
rulemaking (NPRM) proposing to
approve Pennsylvania’s April 10, 2024,
SIP revisions (89 FR 56680). EPA’s
NPRM also proposed to find that the
incorporation of title V permits
containing the FIP requirements into
Pennsylvania’s SIP addressed the
deficiencies identified in EPA’s August
16, 2022 (87 FR 50257), partial
disapproval. The reasons for the
proposed approval and the
determination were stated in the
proposal for this action and will not be
restated here. Based on this finding and
the proposed approval, EPA
simultaneously issued an Interim Final
Determination (IFD) staying the
application of the offset sanction and
deferring the application of the highway
sanction triggered by EPA’s August 16,
2022 (87 FR 50257) disapproval. 89 FR
56666 (July 10, 2024). EPA’s proposed
action noted that it was not taking
action at this time on certain RACT
limits for auxiliary boilers which were
included in the SIP revisions, and
therefore this final action does not
address those RACT limits for the
identified auxiliary boilers.
The public comment period for the
proposed approval and determination
ended on August 9, 2024. EPA received
three comments, which can be found in
the docket. One of the comments is not
relevant to this action and will not be
addressed. The other two were
supportive, but one generally supportive
comment also contained comments
which could be considered adverse.
Those potentially adverse comments are
addressed below.
II. Summary of SIP Revision and EPA
Analysis
Pennsylvania’s SIP submissions,
dated April 9, 2024, and received by
EPA on April 10, 2024, included four
redacted title V permits incorporating
the FIP requirements for the EGUs
equipped with SCR at Keystone,
Conemaugh, Homer City, and Montour.
EPA has reviewed these permits and
determined that the permits incorporate
the same emission limits, monitoring,
testing, recordkeeping, reporting, work
practices and other requirements for
these EGUs found in EPA’s FIP. The
permits are listed in Table 1 in this
document. These submissions and
permits are part of the docket for this
rule making and are available online at
www.regulations.gov.
TABLE 1—LIST OF TITLE V PERMITS INCORPORATING THE REQUIREMENTS OF THE AUGUST 31, 2022, FEDERAL
IMPLEMENTATION PLAN
Source name
Title V permit No.
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Conemaugh .....................................................................
Homer City .......................................................................
Keystone ..........................................................................
Montour ............................................................................
The title V permits in the April 10,
2024, SIP submissions for Keystone and
Conemaugh also contain case-by-case
RACT limits for certain gas or oil-fired
auxiliary boilers at these facilities.
However, EPA is not taking action at
this time on the case-by-case RACT
limits in these permits for two auxiliary
boilers at Keystone (Source IDs 037 and
038) and two at Conemaugh (Source IDs
039 and 041). These auxiliary boilers
were not subject to the presumptive
RACT limit in 25 Pa. Code
129.97(g)(1)(viii) for which EPA issued
a final disapproval in August 2022.
As explained in the proposed action,
EPA’s assessment regarding the
approvability of the RACT limits and
other requirements for these EGUs
found in Pennsylvania’s SIP submission
is substantially the same as the
justification and analysis in the record
EPA created for its FIP. EPA provided
an in-depth discussion of the
methodology and reasoning for setting
the FIP limits for each of these EGUs in
EPA’s proposed FIP (87 FR 31798, May
25, 2022), the associated technical
support document supporting the
proposed FIP, and in responses to
comments received on the proposed FIP
and published with the final FIP action
(87 FR 53381, August 31, 2022). EPA
has put the technical support document
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32–0059
32–00055
03–00027
47–00001
County
Indiana ...............................................
Indiana ...............................................
Armstrong ..........................................
Montour .............................................
for EPA’s FIP into the docket for this
action. The Federal Register documents
for the proposed and final FIP are
available at www.regulations.gov under
docket number EPA–R03–OAR–2022–
0347 and in the Federal Register at the
citations provided in the prior sentence.
EPA is not aware of any change in the
facts since the FIP was finalized that
would alter any of the limits or
requirements or EPA’s analysis
supporting the FIP. Other specific
requirements of Pennsylvania’s April
10, 2024, submittal and the rationale for
EPA’s proposed action are explained in
the NPRM and will not be restated here.
III. EPA’s Response to Comments
Received
EPA received three comments on the
July 10, 2024, documents. One comment
is not relevant to this action and will
not be addressed. A summary of the
other two comments and EPA’s
responses follow. Copies of all the
comments are in the docket for this rule
action.
Comment 1: The commenter first
acknowledges some key historical
developments concerning the NOX
RACT requirements for the Keystone
and Conemaugh EGUs, including
PADEP’s prior SIP submission of May
26, 2022, EPA’s proposed disapproval of
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Permit effective date
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March
March
March
March
14,
14,
14,
14,
2024.
2024.
2024.
2024.
that SIP submission, PADEP’s
withdrawal of that SIP submission
following EPA’s proposed disapproval,
and the May 2, 2024, decision by the
Third Circuit Court of Appeals
upholding the RACT limits and other
requirements in EPA’s August 31, 2022,
FIP. The commenter then states that
they ‘‘[support] the EPA’s effort to
finalize the SIP as prepared by the
PADEP.’’
The commenter then notes that ‘‘the
challenges of operating under these
limits that KEY–CON noted during the
rulemaking process for the FIP remain.’’
The commenter asserts that in order to
account for start-up events where higher
NOX emissions above the limit are
unavoidable, the sources must operate
at a target NOX emission rate that is
lower than each sources’ limit. The
commenter acknowledges that
‘‘operating in this manner provides a
manageable balance for maintaining an
adequate (but small) margin of
compliance and limiting excessive
aqueous ammonia injection rates that
are required to achieve lower NOX
emission rates.’’ The comment notes
that extended periods of excessive
ammonia injection can lead to fouling of
the air preheaters, and that this problem
is exacerbated in colder weather. As a
result, the commenter states that the
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frequency of conducting heater washes,
as well as SCR reactor maintenance, has
increased, and that the limits in the
proposed rulemaking ‘‘are at the very
bounds of our NOX emissions control
capability.’’
Response 1: EPA thanks the
commenter for their largely supportive
comment, and agrees that PADEP’s
April 10, 2024, SIP revision
incorporating the NOX limits from
EPA’s FIP should be finally approved
and incorporated in the Pennsylvania
SIP to meet certain RACT requirements
for these sources for the 1997 and 2008
Ozone NAAQS. The commenter’s
concerns regarding fouling of the air
preheaters with ammonium bisulfate
(ABS) under certain conditions and the
need for increased maintenance to
address this fouling are similar to those
contained in the commenter’s July 11,
2022, comments on EPA’s proposed FIP.
EPA addressed those comments in the
final rule adopting the FIP limits. See 87
FR 53381, at 53390 and 53391, August
31, 2022. However, the commenter now
goes on to state that the current limits
and other requirements provide ‘‘a
manageable balance for maintaining an
87957
adequate (but small) margin of
compliance.’’ EPA agrees that this
balance is appropriate in light of the
longstanding definition of RACT as ‘‘the
lowest 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.’’ 2 Table 2, in this preamble
are citations to the specific places in the
final rule approving the FIP limit where
EPA responded to similar concerns
expressed by the commenter.
TABLE 2—CITATIONS TO RELEVANT PORTIONS OF THE FIP
Topic
Citation in FIP FRN
Concerns about Fouling ............................................................................................
No specific setpoint is required, the 30-day average provides flexibility in meeting
the limit.
The increase in ammonium bisuflate salt formation in colder temps .......................
EPA used weighted averages and the third best to provide flexibility for start-up
events.
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In addition to the above concerns, the
commenter expresses concern that in
the future, more restrictive limits might
be placed on these units in order to
meet RACT requirements for the 2015
ozone NAAQS. Although Pennsylvania
has adopted regulations setting RACT
limits for certain major sources of VOCs
and NOX (See 25 Pa. Code 129.111—
129.115) for the 2015 ozone NAAQS,
those regulations do not set NOX limits
for coal-fired EGUs equipped with SCR.
When PADEP develops case-by-case
RACT limits for the commenter’s
sources and submits them to EPA for
approval as a SIP revision, there will be
another opportunity for the commenter
to share information on whether any
new but lower NOX limits are
technologically and economically
feasible.
Comment 2: The commenter states:
I am writing to provide comments on the
interim final determination to stay and defer
sanctions related to the Reasonably Available
Control Technology (RACT) requirements for
the Keystone, Conemaugh, Homer City, and
Montour generating facilities in Pennsylvania
under the 1997 and 2008 Ozone National
Ambient Air Quality Standards (NAAQS).
While the intent of deferring sanctions might
be to allow time for compliance, there are
critical aspects that need to be carefully
considered. It is essential that the control
measures adopted for these facilities are strict
2 Memo, dated December 9, 1976, from Roger
Strelow, Assistant Administrator for Air and Waste
Management, to Regional Administrators,
‘‘Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas,’’ p. 2,
available at www3.epa.gov/ttn/naaqs/aqmguide/
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87 FR 53381 at 53390 second column.
87 FR 53381 at 53390 third column.
87 FR 53381 at 53395 second column.
87 FR 53381 at 53396 second column and third column.
and in line with the most current
technologies and practices. The stay should
not compromise the effectiveness of RACT in
reducing emissions. Adequate and
enforceable measures must be established to
achieve the required air quality
improvements and standards. There should
be procedures and rules such facilities are
monitored and held accountable for their
actions to ensure that facilities are taking
substantive steps toward compliance. There
should be regular reports to ensure
everything is going smoothly.
Response 2: EPA agrees that it is
essential that control measures adopted
for these facilities be strict and in line
with current technologies and practices,
so long as those technologies and
practices meet the definition of RACT.
EPA’s longstanding definition of RACT
is ‘‘the lowest 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.’’ 3 EPA also agrees that the
RACT limits must be accompanied by
enforceable measures, appropriate
monitoring, recordkeeping, and
reporting to ensure compliance. EPA
believes that the requirements of its FIP,
and this SIP revision adopting the same
FIP requirements, achieve RACT levels
of control and provide the necessary
monitoring, recordkeeping, and
collection/cp2/19761209_strelow_ract.pdf and 44
FR 53762 (September 17, 1979) (Strelow Memo).
See also Sierra Club v. EPA, 972 F.3d 290.
3 Memo, dated December 9, 1976, from Roger
Strelow, Assistant Administrator for Air and Waste
Management, to Regional Administrators,
‘‘Guidance for Determining Acceptability of SIP
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reporting needed to ensure enforcement
of the limits. EPA also notes that the
RACT limits and other requirements for
these sources have been enforceable
since March 29, 2023, which was the
initial compliance date for the limits set
forth in the FIP issued by EPA on
September 30, 2022. 87 FR 53381.
Regarding the IFD, EPA notes that the
IFD only stayed the application of the
offset sanction and deferred the
application of the highway funding
sanctions. The IFD does not in any way
impact the RACT requirements the
facilities must meet in the FIP.
IV. Final Action
EPA is approving Pennsylvania’s
April 10, 2024, SIP revision to the
Pennsylvania SIP, with the exception of
certain RACT limits for auxiliary
boilers, as set forth in EPA’s NPRM. In
addition, EPA is determining that
Pennsylvania’s April 10, 2024, SIP
revision addressed the deficiencies
identified in EPA’s August 16, 2022 (87
FR 50257) partial disapproval.
Finalization of this approval
permanently stops the offset sanctions
which took effect on March 15, 2024,
and prevents the imposition of
highways sanctions which could have
taken effect on September 15, 2024.
Regulations in Non-Attainment Areas,’’ p. 2,
available at www3.epa.gov/ttn/naaqs/aqmguide/
collection/cp2/19761209_strelow_ract.pdf and 44
FR53762 (/citation/44–FR–53762), footnote 2
(September 17, 1979) (Strelow Memo).
See also Sierra Club v. EPA, 972 F.3d 290.
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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, EPA is finalizing the incorporation
by reference of source-specific RACT
determinations and alternative NOX
emissions limits under the 1997 and
2008 8-hour ozone NAAQS for certain
major sources of NOX in Pennsylvania
described in section II. of this preamble
and as set for the below in the
amendments to 40 CFR part 52. 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.4
VI. Statutory and Executive Order
Reviews
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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.);
4 62
FR 27968 (May 22, 1997).
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• 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); and
• 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 Clean Air Act;
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 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.’’
The Pennsylvania Department of
Environmental Protection did not
evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
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EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 6, 2025. 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
addressing the NOX RACT requirements
for EGUs equipped with SCR at the
Keystone, Conemaugh, Homer City and
Montour facilities for the 1997 and 2008
Ozone NAAQS may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
E:\FR\FM\06NOR1.SGM
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87959
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
Reporting and recordkeeping
requirements.
■
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Name of source
Permit No.
County
*
Keystone Conemaugh Proj
LLC/Keystone Station.
*
32–00027
*
Armstrong .........
*
Montour LLC/Montour SES
*
47–00001
*
Montour ............
*
*
*
*
*
*
State
effective
date
§ 52.2020
*
Identification of plan.
*
*
(d) * * *
(1) * * *
*
*
EPA approval date
Additional explanations/§§ 52.2063 and
52.2064 citations 1
*
3/14/2024
*
11/6/2024, [INSERT
FIRST PAGE OF FR
CITATION].
*
*
NOX RACT emission limits and associated compliance parameters in
unredacted portions of the Title V
permit provided to EPA on April 10,
2024. Permit name updated in this
table. See also 52.2064(m)(3).
*
3/14/2024
*
11/6/2024, [INSERT
FIRST PAGE OF FR
CITATION].
*
*
NOX RACT emission limits and associated compliance parameters in
unredacted portions of the Title V
permit provided to EPA on April 10,
2024. Permit name updated in this
table. See also 52.2064(m)(4).
*
*
*
*
State
effective
date
EPA approval date
*
*
(3) * * *
Name of source
khammond on DSKJM1Z7X2PROD with RULES
2. Amend § 52.2020:
a. In the table in paragraph (d)(1) by
■ i. Removing the entry for
‘‘Pennsylvania Power and Light Co.
(PP&L)—Montour’’ and inserting in its
place the entry ‘‘Montour LLC/Montour
SES’’; and
■ ii. Removing the entry for
‘‘Pennsylvania Electric Co.
(PENELEC)—Keystone Generating
Station’’ and inserting in its place the
entry ‘‘Keystone Conemaugh Proj LLC/
Keystone Station’’; and
■ b. In the table in paragraph (d)(3) by:
■
Adam Ortiz,
Regional Administrator, Region III.
i. Removing the entry for ‘‘Conemaugh
Plant, Genon NE Management Co’’
Permit No. ‘‘Title V permit 32–00059’’
and inserting in its place the entry
‘‘Keystone Conemaugh Proj LLC/
Conemaugh Station’’; and
■ ii. Removing the entry for ‘‘Homer
City Generation’’ Permit No. ‘‘Plan
Approvals 32–00055H and 32–00055I’’
and inserting in its place the entry
‘‘Homer City Gen LP/Center TWP’’.
The revisions read as follows:
■
Subpart NN—Pennsylvania
Permit No.
County
Additional explanation/§ 52.2063
citation
*
Keystone Conemaugh
Proj LLC/Conemaugh
Station.
*
Title V permit 32–
00059.
*
Indiana ...........
*
3/14/2024
*
11/6/2024, [INSERT
FIRST PAGE OF FR
CITATION].
*
*
NOX RACT emission limits and associated compliance parameters
in unredacted portions of the Title
V permit provided to EPA on April
10, 2024. Permit name updated in
this table. See also
52.2064(m)(1).
*
Homer City Gen LP/Center TWP.
*
32–00055 ..............
*
Indiana ...........
*
3/14/2024
*
11/6/2024, [INSERT
FIRST PAGE OF FR
CITATION].
*
*
NOX RACT emission limits and associated compliance parameters
in unredacted portions of the Title
V permit provided to EPA on April
10, 2024. Permit name updated in
this table. See also
52.2064(m)(2).
*
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87960
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
redacted by Pennsylvania. See also
§ 52.2020(d)(1), for prior RACT
approval.
*
*
*
*
*
3. Amend § 52.2064 by adding
paragraph (m) to read as follows:
■
§ 52.2064 EPA-approved Source-Specific
Reasonably Available Control Technology
(RACT) for Volatile Organic Compounds
(VOC) and Oxides of Nitrogen (NOX).
*
*
*
*
*
(m) Approval of source-specific RACT
requirements for 1997 and 2008 8-hour
ozone national ambient air quality
standards for the facilities listed in this
paragraph (m) are incorporated as
specified. (Rulemaking Docket No.
EPA–R03–OAR–2024–0302.)
(1) Keystone Conemaugh Proj LLC/
Conemaugh Station—Incorporating by
reference Permit No. 32–00059, effective
March 14, 2024, as redacted by
Pennsylvania, excluding the auxiliary
boiler limits for all source group
requirements in section E for G11:
alternative RACT II for Auxiliary Boilers
source IDs 039 and 041. See also
§ 52.2020(d)(1), for prior RACT
approval.
(2) Homer City Gen LP/Center TWP—
Incorporating by reference Permit No.
32–00055, effective March 14, 2024, as
redacted by Pennsylvania. See also
§ 52.2020(d)(1), for prior RACT
approval.
(3) Keystone Conemaugh Proj LLC/
Keystone Station—Incorporating by
reference Permit No. 32–00027, effective
March 14, 2024, as redacted by
Pennsylvania, excluding the auxiliary
boiler limits for all source group
requirements in section E for G11:
alternative RACT II for Auxiliary Boilers
source IDs 037 and 038. See also
§ 52.2020(d)(1), for prior RACT
approval.
(4) Montour LLC/Montour SES—
Incorporating by reference Permit No.
47–00001, effective March 14, 2024, as
[FR Doc. 2024–25604 Filed 11–5–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 97
[EPA–HQ–OAR–2021–0668; FRL–8670.4–
03–OAR]
RIN 2060–AW30
Federal ‘‘Good Neighbor Plan’’ for the
2015 Ozone National Ambient Air
Quality Standards; Response to
Judicial Stay
Environmental Protection
Agency (EPA).
ACTION: Interim final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking interim final
action to stay, for emissions sources in
California, Illinois, Indiana, Maryland,
Michigan, New Jersey, New York, Ohio,
Pennsylvania, Virginia, and Wisconsin,
the effectiveness of the requirements
established to address the obligations of
these and other states to mitigate
interstate air pollution with respect to
the 2015 national ambient air quality
standards (NAAQS) for ozone (the Good
Neighbor Plan). The EPA is also revising
certain other regulations to ensure the
continued implementation of previously
established requirements to mitigate
interstate air pollution with respect to
other ozone NAAQS while the
effectiveness of the Good Neighbor
Plan’s requirements is stayed. The stay
and the associated revisions to other
regulations are being issued in response
to a judicial order staying enforcement
SUMMARY:
of the Good Neighbor Plan as to the stay
applicants pending judicial review.
DATES: This interim final rule is
effective November 6, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2021–0668. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
David Lifland, Clean Air and Power
Division, Office of Atmospheric
Protection, Office of Air and Radiation,
U.S. Environmental Protection Agency,
Mail Code 6204A, 1200 Pennsylvania
Avenue NW, Washington, DC 20460;
telephone number: (202) 343–9151;
email address: lifland.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General
A. Potentially Affected Entities
This action revises on an interim basis
the Good Neighbor Plan (the Plan),1
which includes regulations addressing
emissions from electricity generating
units (EGUs) and non-EGU industrial
sources. This action also revises other
allowance trading program regulations
that apply to EGUs but not to non-EGU
sources. The affected sources are
generally in the following industry
groups:
North American Industry
Classification System (NAICS) code
Industry group
khammond on DSKJM1Z7X2PROD with RULES
Fossil Fuel Electric Power Generation ....................................................................................................
Pipeline Transportation of Natural Gas ...................................................................................................
Cement and Concrete Product Manufacturing ........................................................................................
Iron and Steel Mills and Ferroalloy Manufacturing .................................................................................
Glass and Glass Product Manufacturing .................................................................................................
Basic Chemical Manufacturing ................................................................................................................
Petroleum and Coal Products Manufacturing .........................................................................................
Pulp, Paper, and Paperboard Mills .........................................................................................................
Metal Ore Mining .....................................................................................................................................
Solid Waste Combustors and Incinerators ..............................................................................................
As promulgated, the Plan applied to
emissions sources in 23 states. The
effectiveness of the Plan’s requirements
for sources in Alabama, Arkansas,
Kentucky, Louisiana, Minnesota,
Mississippi, Missouri, Nevada,
221112
4862
3273
3311
3272
3251
3241
3221
2122
562213
Oklahoma, Texas, Utah, and West
Virginia was stayed in previous actions.
This action applies to sources in the
1 Federal ‘‘Good Neighbor Plan’’ for the 2015
Ozone National Ambient Air Quality Standards, 88
FR 36654 (June 5, 2023).
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]]>Agencies
[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Rules and Regulations]
[Pages 87955-87960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25604]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0302; FRL-12064-02-R3]
Air Plan Approval; Pennsylvania; Adoption of Federal
Implementation Plan Reasonably Available Control Technology
Requirements for Keystone, Conemaugh, Homer City, and Montour
Generating Facilities for the 1997 and 2008 Ozone National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of the state implementation plan (SIP) revisions submitted by
the Commonwealth of Pennsylvania. The revisions being approved adopt
nitrogen oxides (NOX) emission limits and requirements for
the coal-fired electric generating units (EGUs) equipped with selective
catalytic reduction (SCR) at the Keystone, Conemaugh, Homer City, and
Montour facilities. The NOX limits address reasonably
available control technology (RACT) requirements for these EGUs for the
1997 and 2008 ozone national ambient air quality standards (NAAQS) and
address the deficiencies identified in EPA's August 16, 2022,
disapproval of an earlier SIP submission. This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on December 6, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2024-0302. 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: Sean Silverman, 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) 814-5511. Mr. Silverman can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 16, 2022, (87 FR 50257) EPA took final action to
disapprove portions of a Pennsylvania SIP revision submitted May 16,
2016 that, among other things, established NOX emission
limitations for the coal-fired EGUs equipped with SCR at the Keystone,
Conemaugh, Homer City, and Montour facilities, to satisfy certain RACT
obligations for the 1997 and 2008 ozone NAAQS.\1\ EPA's August 16,
2022, final disapproval started a sanctions clock under CAA section 179
and 40 CFR 52.31. The two-to-one new source emissions offset sanction
took effect on March 15, 2024 (18 months following the September 15,
2022, effective date of the August 16, 2022, disapproval, 87 FR 50257).
Highway funding sanctions would have taken effect September 15, 2024,
unless the state submitted, and EPA approved, SIP revisions correcting
the deficiencies identified in the August 16, 2022, disapproval action.
---------------------------------------------------------------------------
\1\ A more detailed and complete summary of the history of the
RACT limits for these EGUs can be found in the Notice of Proposed
Rulemaking for this final action. 89 FR 56680 (July 10, 2024).
---------------------------------------------------------------------------
On August 31, 2022, EPA issued a Federal implementation plan (FIP)
adopting NOX RACT limits for these four sources addressing
these same RACT obligations. 87 FR 53381. Three of the sources subject
to the FIP filed a challenge to the FIP in the U.S. Third Circuit Court
of Appeals. Keystone-Conemaugh Projects LLC v. EPA, et al., No. 22-
3026. Following briefing and oral argument, on May 2, 2024, the Third
Circuit issued a decision upholding the RACT limits and other
requirements in EPA's August 31, 2022, FIP. The court decided and
resolved all issues raised by the Petitioners in EPA's favor. Id.
On April 10, 2024, Pennsylvania Department of Environmental
Protection (PADEP) submitted two SIP revisions to
[[Page 87956]]
EPA which adopted into the SIP the NOX limits and other
requirements found in EPA's final August 31, 2022, FIP for Keystone,
Conemaugh, Homer City, and Montour (Montour was submitted separately).
On July 10, 2024, EPA published a notice of proposed rulemaking (NPRM)
proposing to approve Pennsylvania's April 10, 2024, SIP revisions (89
FR 56680). EPA's NPRM also proposed to find that the incorporation of
title V permits containing the FIP requirements into Pennsylvania's SIP
addressed the deficiencies identified in EPA's August 16, 2022 (87 FR
50257), partial disapproval. The reasons for the proposed approval and
the determination were stated in the proposal for this action and will
not be restated here. Based on this finding and the proposed approval,
EPA simultaneously issued an Interim Final Determination (IFD) staying
the application of the offset sanction and deferring the application of
the highway sanction triggered by EPA's August 16, 2022 (87 FR 50257)
disapproval. 89 FR 56666 (July 10, 2024). EPA's proposed action noted
that it was not taking action at this time on certain RACT limits for
auxiliary boilers which were included in the SIP revisions, and
therefore this final action does not address those RACT limits for the
identified auxiliary boilers.
The public comment period for the proposed approval and
determination ended on August 9, 2024. EPA received three comments,
which can be found in the docket. One of the comments is not relevant
to this action and will not be addressed. The other two were
supportive, but one generally supportive comment also contained
comments which could be considered adverse. Those potentially adverse
comments are addressed below.
II. Summary of SIP Revision and EPA Analysis
Pennsylvania's SIP submissions, dated April 9, 2024, and received
by EPA on April 10, 2024, included four redacted title V permits
incorporating the FIP requirements for the EGUs equipped with SCR at
Keystone, Conemaugh, Homer City, and Montour. EPA has reviewed these
permits and determined that the permits incorporate the same emission
limits, monitoring, testing, recordkeeping, reporting, work practices
and other requirements for these EGUs found in EPA's FIP. The permits
are listed in Table 1 in this document. These submissions and permits
are part of the docket for this rule making and are available online at
www.regulations.gov.
Table 1--List of Title V permits incorporating the Requirements of the August 31, 2022, Federal Implementation
Plan
----------------------------------------------------------------------------------------------------------------
Source name Title V permit No. County Permit effective date
----------------------------------------------------------------------------------------------------------------
Conemaugh........................ 32-0059 Indiana............. March 14, 2024.
Homer City....................... 32-00055 Indiana............. March 14, 2024.
Keystone......................... 03-00027 Armstrong........... March 14, 2024.
Montour.......................... 47-00001 Montour............. March 14, 2024.
----------------------------------------------------------------------------------------------------------------
The title V permits in the April 10, 2024, SIP submissions for
Keystone and Conemaugh also contain case-by-case RACT limits for
certain gas or oil-fired auxiliary boilers at these facilities.
However, EPA is not taking action at this time on the case-by-case RACT
limits in these permits for two auxiliary boilers at Keystone (Source
IDs 037 and 038) and two at Conemaugh (Source IDs 039 and 041). These
auxiliary boilers were not subject to the presumptive RACT limit in 25
Pa. Code 129.97(g)(1)(viii) for which EPA issued a final disapproval in
August 2022.
As explained in the proposed action, EPA's assessment regarding the
approvability of the RACT limits and other requirements for these EGUs
found in Pennsylvania's SIP submission is substantially the same as the
justification and analysis in the record EPA created for its FIP. EPA
provided an in-depth discussion of the methodology and reasoning for
setting the FIP limits for each of these EGUs in EPA's proposed FIP (87
FR 31798, May 25, 2022), the associated technical support document
supporting the proposed FIP, and in responses to comments received on
the proposed FIP and published with the final FIP action (87 FR 53381,
August 31, 2022). EPA has put the technical support document for EPA's
FIP into the docket for this action. The Federal Register documents for
the proposed and final FIP are available at www.regulations.gov under
docket number EPA-R03-OAR-2022-0347 and in the Federal Register at the
citations provided in the prior sentence. EPA is not aware of any
change in the facts since the FIP was finalized that would alter any of
the limits or requirements or EPA's analysis supporting the FIP. Other
specific requirements of Pennsylvania's April 10, 2024, submittal and
the rationale for EPA's proposed action are explained in the NPRM and
will not be restated here.
III. EPA's Response to Comments Received
EPA received three comments on the July 10, 2024, documents. One
comment is not relevant to this action and will not be addressed. A
summary of the other two comments and EPA's responses follow. Copies of
all the comments are in the docket for this rule action.
Comment 1: The commenter first acknowledges some key historical
developments concerning the NOX RACT requirements for the
Keystone and Conemaugh EGUs, including PADEP's prior SIP submission of
May 26, 2022, EPA's proposed disapproval of that SIP submission,
PADEP's withdrawal of that SIP submission following EPA's proposed
disapproval, and the May 2, 2024, decision by the Third Circuit Court
of Appeals upholding the RACT limits and other requirements in EPA's
August 31, 2022, FIP. The commenter then states that they ``[support]
the EPA's effort to finalize the SIP as prepared by the PADEP.''
The commenter then notes that ``the challenges of operating under
these limits that KEY-CON noted during the rulemaking process for the
FIP remain.'' The commenter asserts that in order to account for start-
up events where higher NOX emissions above the limit are
unavoidable, the sources must operate at a target NOX
emission rate that is lower than each sources' limit. The commenter
acknowledges that ``operating in this manner provides a manageable
balance for maintaining an adequate (but small) margin of compliance
and limiting excessive aqueous ammonia injection rates that are
required to achieve lower NOX emission rates.'' The comment
notes that extended periods of excessive ammonia injection can lead to
fouling of the air preheaters, and that this problem is exacerbated in
colder weather. As a result, the commenter states that the
[[Page 87957]]
frequency of conducting heater washes, as well as SCR reactor
maintenance, has increased, and that the limits in the proposed
rulemaking ``are at the very bounds of our NOX emissions
control capability.''
Response 1: EPA thanks the commenter for their largely supportive
comment, and agrees that PADEP's April 10, 2024, SIP revision
incorporating the NOX limits from EPA's FIP should be
finally approved and incorporated in the Pennsylvania SIP to meet
certain RACT requirements for these sources for the 1997 and 2008 Ozone
NAAQS. The commenter's concerns regarding fouling of the air preheaters
with ammonium bisulfate (ABS) under certain conditions and the need for
increased maintenance to address this fouling are similar to those
contained in the commenter's July 11, 2022, comments on EPA's proposed
FIP. EPA addressed those comments in the final rule adopting the FIP
limits. See 87 FR 53381, at 53390 and 53391, August 31, 2022. However,
the commenter now goes on to state that the current limits and other
requirements provide ``a manageable balance for maintaining an adequate
(but small) margin of compliance.'' EPA agrees that this balance is
appropriate in light of the longstanding definition of RACT as ``the
lowest 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.'' \2\
Table 2, in this preamble are citations to the specific places in the
final rule approving the FIP limit where EPA responded to similar
concerns expressed by the commenter.
---------------------------------------------------------------------------
\2\ Memo, dated December 9, 1976, from Roger Strelow, Assistant
Administrator for Air and Waste Management, to Regional
Administrators, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas,'' p. 2, available at
www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf and 44 FR 53762 (September 17, 1979)
(Strelow Memo).
See also Sierra Club v. EPA, 972 F.3d 290.
Table 2--Citations to Relevant Portions of the FIP
------------------------------------------------------------------------
Topic Citation in FIP FRN
------------------------------------------------------------------------
Concerns about Fouling.................... 87 FR 53381 at 53390 second
column.
No specific setpoint is required, the 30- 87 FR 53381 at 53390 third
day average provides flexibility in column.
meeting the limit.
The increase in ammonium bisuflate salt 87 FR 53381 at 53395 second
formation in colder temps. column.
EPA used weighted averages and the third 87 FR 53381 at 53396 second
best to provide flexibility for start-up column and third column.
events.
------------------------------------------------------------------------
In addition to the above concerns, the commenter expresses concern
that in the future, more restrictive limits might be placed on these
units in order to meet RACT requirements for the 2015 ozone NAAQS.
Although Pennsylvania has adopted regulations setting RACT limits for
certain major sources of VOCs and NOX (See 25 Pa. Code
129.111--129.115) for the 2015 ozone NAAQS, those regulations do not
set NOX limits for coal-fired EGUs equipped with SCR. When
PADEP develops case-by-case RACT limits for the commenter's sources and
submits them to EPA for approval as a SIP revision, there will be
another opportunity for the commenter to share information on whether
any new but lower NOX limits are technologically and
economically feasible.
Comment 2: The commenter states:
I am writing to provide comments on the interim final
determination to stay and defer sanctions related to the Reasonably
Available Control Technology (RACT) requirements for the Keystone,
Conemaugh, Homer City, and Montour generating facilities in
Pennsylvania under the 1997 and 2008 Ozone National Ambient Air
Quality Standards (NAAQS). While the intent of deferring sanctions
might be to allow time for compliance, there are critical aspects
that need to be carefully considered. It is essential that the
control measures adopted for these facilities are strict and in line
with the most current technologies and practices. The stay should
not compromise the effectiveness of RACT in reducing emissions.
Adequate and enforceable measures must be established to achieve the
required air quality improvements and standards. There should be
procedures and rules such facilities are monitored and held
accountable for their actions to ensure that facilities are taking
substantive steps toward compliance. There should be regular reports
to ensure everything is going smoothly.
Response 2: EPA agrees that it is essential that control measures
adopted for these facilities be strict and in line with current
technologies and practices, so long as those technologies and practices
meet the definition of RACT. EPA's longstanding definition of RACT is
``the lowest 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.'' \3\ EPA
also agrees that the RACT limits must be accompanied by enforceable
measures, appropriate monitoring, recordkeeping, and reporting to
ensure compliance. EPA believes that the requirements of its FIP, and
this SIP revision adopting the same FIP requirements, achieve RACT
levels of control and provide the necessary monitoring, recordkeeping,
and reporting needed to ensure enforcement of the limits. EPA also
notes that the RACT limits and other requirements for these sources
have been enforceable since March 29, 2023, which was the initial
compliance date for the limits set forth in the FIP issued by EPA on
September 30, 2022. 87 FR 53381. Regarding the IFD, EPA notes that the
IFD only stayed the application of the offset sanction and deferred the
application of the highway funding sanctions. The IFD does not in any
way impact the RACT requirements the facilities must meet in the FIP.
---------------------------------------------------------------------------
\3\ Memo, dated December 9, 1976, from Roger Strelow, Assistant
Administrator for Air and Waste Management, to Regional
Administrators, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas,'' p. 2, available at
www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf and 44 FR53762 (/citation/44-FR-53762),
footnote 2 (September 17, 1979) (Strelow Memo).
See also Sierra Club v. EPA, 972 F.3d 290.
---------------------------------------------------------------------------
IV. Final Action
EPA is approving Pennsylvania's April 10, 2024, SIP revision to the
Pennsylvania SIP, with the exception of certain RACT limits for
auxiliary boilers, as set forth in EPA's NPRM. In addition, EPA is
determining that Pennsylvania's April 10, 2024, SIP revision addressed
the deficiencies identified in EPA's August 16, 2022 (87 FR 50257)
partial disapproval. Finalization of this approval permanently stops
the offset sanctions which took effect on March 15, 2024, and prevents
the imposition of highways sanctions which could have taken effect on
September 15, 2024.
[[Page 87958]]
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations and alternative NOX emissions
limits under the 1997 and 2008 8-hour ozone NAAQS for certain major
sources of NOX in Pennsylvania described in section II. of
this preamble and as set for the below in the amendments to 40 CFR part
52. 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.\4\
---------------------------------------------------------------------------
\4\ 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); and
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 Clean Air Act;
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 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.''
The Pennsylvania Department of Environmental Protection did not
evaluate environmental justice considerations as part of its SIP
submittal; 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. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 6, 2025. 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 addressing the NOX RACT requirements for
EGUs equipped with SCR at the Keystone, Conemaugh, Homer City and
Montour facilities for the 1997 and 2008 Ozone NAAQS may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
[[Page 87959]]
Reporting and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the 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. Amend Sec. 52.2020:
0
a. In the table in paragraph (d)(1) by
0
i. Removing the entry for ``Pennsylvania Power and Light Co. (PP&L)--
Montour'' and inserting in its place the entry ``Montour LLC/Montour
SES''; and
0
ii. Removing the entry for ``Pennsylvania Electric Co. (PENELEC)--
Keystone Generating Station'' and inserting in its place the entry
``Keystone Conemaugh Proj LLC/Keystone Station''; and
0
b. In the table in paragraph (d)(3) by:
0
i. Removing the entry for ``Conemaugh Plant, Genon NE Management Co''
Permit No. ``Title V permit 32-00059'' and inserting in its place the
entry ``Keystone Conemaugh Proj LLC/Conemaugh Station''; and
0
ii. Removing the entry for ``Homer City Generation'' Permit No. ``Plan
Approvals 32-00055H and 32-00055I'' and inserting in its place the
entry ``Homer City Gen LP/Center TWP''.
The revisions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Additional
explanations/
State EPA approval Sec. Sec.
Name of source Permit No. County effective date 52.2063 and
date 52.2064
citations \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Keystone Conemaugh Proj LLC/ 32-00027 Armstrong............ 3/14/2024 11/6/2024, NOX RACT
Keystone Station. [INSERT FIRST emission
PAGE OF FR limits and
CITATION]. associated
compliance
parameters in
unredacted
portions of
the Title V
permit
provided to
EPA on April
10, 2024.
Permit name
updated in
this table.
See also
52.2064(m)(3).
* * * * * * *
Montour LLC/Montour SES...... 47-00001 Montour.............. 3/14/2024 11/6/2024, NOX RACT
[INSERT FIRST emission
PAGE OF FR limits and
CITATION]. associated
compliance
parameters in
unredacted
portions of
the Title V
permit
provided to
EPA on April
10, 2024.
Permit name
updated in
this table.
See also
52.2064(m)(4).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(3) * * *
----------------------------------------------------------------------------------------------------------------
Additional
State EPA approval explanation/
Name of source Permit No. County effective date Sec. 52.2063
date citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Keystone Conemaugh Proj LLC/ Title V permit Indiana........... 3/14/2024 11/6/2024, NOX RACT
Conemaugh Station. 32-00059. [INSERT FIRST emission
PAGE OF FR limits and
CITATION]. associated
compliance
parameters in
unredacted
portions of
the Title V
permit
provided to
EPA on April
10, 2024.
Permit name
updated in
this table.
See also
52.2064(m)(1).
* * * * * * *
Homer City Gen LP/Center TWP 32-00055....... Indiana........... 3/14/2024 11/6/2024, NOX RACT
[INSERT FIRST emission
PAGE OF FR limits and
CITATION]. associated
compliance
parameters in
unredacted
portions of
the Title V
permit
provided to
EPA on April
10, 2024.
Permit name
updated in
this table.
See also
52.2064(m)(2).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 87960]]
* * * * *
0
3. Amend Sec. 52.2064 by adding paragraph (m) 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).
* * * * *
(m) Approval of source-specific RACT requirements for 1997 and 2008
8-hour ozone national ambient air quality standards for the facilities
listed in this paragraph (m) are incorporated as specified. (Rulemaking
Docket No. EPA-R03-OAR-2024-0302.)
(1) Keystone Conemaugh Proj LLC/Conemaugh Station--Incorporating by
reference Permit No. 32-00059, effective March 14, 2024, as redacted by
Pennsylvania, excluding the auxiliary boiler limits for all source
group requirements in section E for G11: alternative RACT II for
Auxiliary Boilers source IDs 039 and 041. See also Sec. 52.2020(d)(1),
for prior RACT approval.
(2) Homer City Gen LP/Center TWP--Incorporating by reference Permit
No. 32-00055, effective March 14, 2024, as redacted by Pennsylvania.
See also Sec. 52.2020(d)(1), for prior RACT approval.
(3) Keystone Conemaugh Proj LLC/Keystone Station--Incorporating by
reference Permit No. 32-00027, effective March 14, 2024, as redacted by
Pennsylvania, excluding the auxiliary boiler limits for all source
group requirements in section E for G11: alternative RACT II for
Auxiliary Boilers source IDs 037 and 038. See also Sec. 52.2020(d)(1),
for prior RACT approval.
(4) Montour LLC/Montour SES--Incorporating by reference Permit No.
47-00001, effective March 14, 2024, as redacted by Pennsylvania. See
also Sec. 52.2020(d)(1), for prior RACT approval.
[FR Doc. 2024-25604 Filed 11-5-24; 8:45 am]
BILLING CODE 6560-50-P
