Rule2021-27231
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards
Primary source
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Published
January 24, 2022
Effective
February 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving multiple state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for 24 major volatile organic compound (VOC) and/or nitrogen oxide (NO<INF>X</INF>) emitting facilities pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rule action, EPA is approving source-specific (also referred to as case-by- case or CbC) RACT determinations or alternative NO<INF>X</INF> emissions limits for sources at 24 major NO<INF>X</INF> and VOC emitting facilities within the Commonwealth submitted by PADEP. These RACT evaluations were submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA's implementing regulations.
Full Text
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<title>Federal Register, Volume 87 Issue 15 (Monday, January 24, 2022)</title>
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[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3437-3446]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27231]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0380; FRL-9288-02-R3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Reasonably Available Control Technology Determinations
for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
multiple state implementation plan (SIP) revisions submitted by the
Commonwealth of Pennsylvania. These revisions were submitted by the
Pennsylvania Department of Environmental Protection (PADEP) to
establish and require reasonably available control technology (RACT)
for 24 major volatile organic compound (VOC) and/or nitrogen oxide
(NO<INF>X</INF>) emitting facilities pursuant to the Commonwealth of
Pennsylvania's conditionally approved RACT regulations. In this rule
action, EPA is approving source-specific (also referred to as case-by-
case or CbC) RACT determinations or alternative NO<INF>X</INF>
emissions limits for sources at 24 major NO<INF>X</INF> and VOC
emitting facilities within the Commonwealth submitted by PADEP. These
RACT evaluations were submitted to meet RACT requirements for the 1997
and 2008 8-hour ozone national ambient air quality standards (NAAQS).
EPA is approving these revisions to the Pennsylvania SIP in accordance
with the requirements of the Clean Air Act (CAA) and EPA's implementing
regulations.
DATES: This final rule is effective on February 23, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0380. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2217. Mr. Burger can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#96f4e3e4f1f3e4b8e4fffaf3efd6f3e6f7b8f1f9e0"><span class="__cf_email__" data-cfemail="492b3c3b2e2c3b673b20252c30092c3928672e263f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 2, 2021, EPA published a notice of proposed rulemaking
(NPRM). 86 FR 41426. In the NPRM, EPA proposed approval of case-by-case
RACT determinations or alternative NO<INF>X</INF> emissions limits for
sources at 24 facilities, as EPA found that the RACT controls for these
sources met the CAA RACT requirements for the 1997 and 2008 8-hour
ozone NAAQS. These case-by-case RACT determinations or alternative
NO<INF>X</INF> emissions limits for sources at these facilities were
included in PADEP's May 7, 2020 SIP submission on. As indicated in the
NPRM, EPA views each facility as a separable SIP revision.
Under certain circumstances, states are required to submit SIP
revisions to address RACT requirements for both major sources of
NO<INF>X</INF> and VOC and any source covered by control technique
guidelines (CTG), for each ozone NAAQS. Which NO<INF>X</INF> and VOC
sources in Pennsylvania are considered ``major,'' and are therefore
subject to RACT, is dependent on the location of each source within the
Commonwealth. Sources located in nonattainment areas would be subject
to the ``major source'' definitions established under the CAA based on
the area's current classification(s). In Pennsylvania, sources located
in any ozone nonattainment areas outside of moderate or above are
subject to source thresholds of 50 tons per year (tpy) because of the
Ozone Transport Region (OTR) requirements in CAA section 184(b)(2).
On May 16, 2016, PADEP submitted a SIP revision addressing RACT for
both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEP's May
16, 2016 SIP revision intended to address certain outstanding non-CTG
VOC RACT, VOC CTG RACT, and major source VOC and NO<INF>X</INF> RACT
requirements for both standards. The SIP revision requested approval of
Pennsylvania's 25 Pa. Code 129.96-100, Additional RACT Requirements for
Major Sources of NOX and VOCs (the ``presumptive'' RACT II rule). Prior
to the adoption of the RACT II rule, Pennsylvania relied on the
NO<INF>X</INF> and VOC control measures in 25 Pa. Code 129.92-95,
Stationary Sources of NOX and VOCs, (the RACT I rule) to meet RACT for
non-CTG major VOC sources and major NOX sources. The requirements of
the RACT I rule remain as previously approved in Pennsylvania's SIP and
continue to be implemented as RACT.\1\ On September 26, 2017, PADEP
submitted a letter, dated September 22, 2017, which committed to
address various deficiencies identified by EPA in PADEP's May 16, 2016
``presumptive'' RACT II rule SIP revision.
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\1\ The RACT I Rule was approved by EPA into the Pennsylvania
SIP on March 23, 1998. 63 FR 13789. Through this RACT II rule,
certain source-specific RACT I requirements will be superseded by
more stringent requirements. See Section II of the preamble to this
final rule.
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On May 9, 2019, EPA conditionally approved the RACT II rule based
on the commitments PADEP made in its September 22, 2017 letter.\2\ 84
FR 20274. In EPA's final conditional approval, EPA noted that PADEP
would be required to submit, for EPA's approval, SIP revisions to
address any facility-wide or system-wide NO<INF>X</INF> emissions
averaging plans approved under 25 Pa. Code 129.98 and any case-by-case
RACT determinations under 25 Pa. Code 129.99. PADEP committed to
submitting these additional SIP revisions within 12 months of EPA's
final conditional approval (i.e., by May 9, 2020). Through multiple
submissions between 2017 and 2020, PADEP has submitted to EPA for
approval various SIP submissions to implement its RACT II case-by-case
determinations and alternative NO<INF>X</INF> emissions limits. This
rule is based on EPA's review of one of these SIP revisions.
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\2\ On August 27, 2020, the Third Circuit Court of Appeals
issued a decision vacating EPA's approval of three provisions of
Pennsylvania's presumptive RACT II rule applicable to certain coal-
fired power plants. Sierra Club v. EPA, 972 F.3d 290 (3d Cir. 2020).
None of the sources in this final rule are subject to the
presumptive RACT II provisions at issue in that Sierra Club
decision.
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II. Summary of SIP Revision and EPA Analysis
A. Summary of SIP Revision
To satisfy a requirement from EPA's May 9, 2019 conditional
approval, PADEP submitted to EPA SIP revisions addressing alternative
NO<INF>X</INF> emissions limits and/or case-by-case RACT
[[Page 3438]]
requirements for major sources in Pennsylvania subject to 25 Pa. Code
129.98 or 129.99. Among the Pennsylvania RACT SIP revisions submitted
by PADEP were case-by-case RACT determinations and alternative
NO<INF>X</INF> emissions limits for the existing emissions units at
each of the major sources of NO<INF>X</INF> and/or VOC that required a
source-specific RACT determination or alternative NO<INF>X</INF>
emissions limits for major sources seeking such limits.
In PADEP's case-by-case RACT determinations, an evaluation was
completed to determine if previously SIP-approved, case-by-case RACT
emissions limits or operational controls (herein referred to as RACT I
and contained in RACT I permits) were more stringent than the new RACT
II presumptive or case-by-case requirements. If more stringent, the
RACT I requirements will continue to apply to the applicable source. If
the new case-by-case RACT II requirements are more stringent than the
RACT I requirements, then the RACT II requirements will supersede the
prior RACT I requirements.\3\
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\3\ While the prior SIP-approved RACT I permit will remain part
of the SIP, this RACT II rule will incorporate by reference the RACT
II requirements through the RACT II permit and clarify the ongoing
applicability of specific conditions in the RACT I permit.
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In PADEP's RACT determinations involving NO<INF>X</INF> averaging,
an evaluation was completed to determine whether the aggregate
NO<INF>X</INF> emissions emitted by the air contamination sources
included in the facility-wide or system-wide NO<INF>X</INF> emissions
averaging plan using a 30-day rolling average are greater than the
NO<INF>X</INF> emissions that would be emitted by the group of included
sources if each source complied with the applicable presumptive
limitation in 25 Pa. Code 129.97 on a source-specific basis.
Here, EPA is approving SIP revisions pertaining to case-by-case
RACT requirements and/or alternative NO<INF>X</INF> emissions limits
for sources at 24 major NO<INF>X</INF> and/or VOC emitting facilities
in Pennsylvania, as summarized in Table 1 in this document.
Table 1--Twenty-Four Major NOX and/or VOC Sources in Pennsylvania Subject to Case-by-Case Ract II Determinations
Under the 1997 and 2008 8-Hour Ozone NAAQS
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1-Hour ozone RACT Major source pollutant RACT II permit
Major source (county) source? (RACT I) (NOX and/or VOC) (effective date)
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Anvil International, LLC (formerly Yes.................... VOC.................... 36-05019
Grinnell Corporation) (Lancaster). (2/1/2019).
ArcelorMittal Plate LLC Conshohocken Yes.................... NOX and VOC............ 46-00011
Plant (formerly Bethlehem Lukens (1/26/2018).
Plate) (Montgomery).
Braskem America Inc. Marcus Hook Yes.................... VOC.................... 23-00012
(formerly Epsilon Products Co.-- (3/2/2020).
Marcus Hook) (Delaware).
Buck Co Inc. Quarryville (formerly Yes.................... VOC.................... 36-05053
Buck Company Inc) (Lancaster). (4/1/2020).
Calumet Karns City Refining LLC Yes.................... VOC.................... 10-027H
(formerly Penreco--Karns City) (11/29/2018).
(Butler).
Clarion Bathware Marble (Clarion).... No..................... VOC.................... 16-00133
(12/19/2020).
Domtar Paper Company Johnsonburg Mill Yes.................... NOX and VOC............ 24-00009
(formerly Willamette Industries, (2/25/2020).
Johnsonburgh Mill) (Elk).
Exelon Generation Company LLC Croydon Yes.................... NOX.................... 09-00016
Generating Station (formerly PECO (4/11/2018).
Energy Co.--Croydon Generating
Station) (Bucks).
Georgia-Pacific Panel Products LLC Yes.................... NOX and VOC............ 42-158R
Mt. Jewell MDF Plant (McKean). (1/2/2019).
GE Transportation Grove City Engine Yes.................... NOX and VOC............ 43-00196
(formerly GE Transportation Systems) (11/7/2019).
(Mercer).
GrafTech USA LLC St Marys (formerly Yes.................... VOC.................... 24-00012
The Carbide/Graphite Group, Inc) (5/1/2019).
(Elk).
Haysite Reinforced Plastics LLC Erie No..................... VOC.................... 25-00783
(Erie). (7/24/2019).
INMETCO Ellwood City (formerly The Yes.................... NOX and VOC............ 37-00243
International Metals Reclamation Co) (12/6/2019).
(Lawrence).
International Waxes Inc Farmers Yes.................... NOX and VOC............ 42-00011
Valley (formerly Petrowax Refining) (2/21/2020).
(McKean).
Jeld Wen Fiber Division PA (Bradford) Yes.................... NOX and VOC............ 08-00003
(9/21/2018).
Mars Wrigley Confectionery US LLC Yes.................... VOC.................... 36-05142
Elizabethtown (Lancaster). (7/18/2019).
[[Page 3439]]
Molded Fiber Glass Company Union City Yes.................... VOC.................... 25-00035
(formerly Molded Fiber Glass) (Erie). (2/5/2020).
Monroe Energy LLC Trainer (formerly Yes.................... NOX and VOC............ 23-00003
Conoco Phillips Company) (Delaware). (6/5/2017).
Nova Chemicals Company Beaver Yes.................... VOC.................... 04-00033
(formerly Nova Chemicals, Inc.) (4/2/2020).
(Beaver).
Sasol Chemicals USA LLC (formerly Yes.................... VOC.................... 61-00011
Merisol Antioxidants LLC) (Venango). (2/16/2020).
Silberline Manufacturing Company Yes.................... VOC.................... 54-00041
Lincoln Drive Plant (formerly (3/16/2020).
Silberline Manufacturing Co)
(Schuylkill).
Superior Tube Company Lower Yes.................... VOC.................... 46-00020
Providence (formerly Superior Tube (2/5/2020).
Company) (Montgomery).
Victaulic Company Alburtis Facility Unknown *.............. VOC.................... 39-00069
(Lehigh). (10/24/2017).
Victaulic Forks Facility Unknown **............. VOC.................... 48-0009
(Northampton). (10/24/2017).
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* PADEP records indicate that Victaulic Company Alburtis Facility may have been subject to RACT I requirements
because PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
Pennsylvania SIP for Victaulic Alburtis. See PADEP comment and response document dated January 2020.
** PADEP records indicate that Victaulic Forks Facility may have been subject to RACT I requirements because
PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
Pennsylvania SIP for Victaulic Forks. See PADEP comment and response document dated January 2020.
The case-by-case RACT determinations submitted by PADEP consist of
an evaluation of all reasonably available controls at the time of
evaluation for each affected emissions unit, resulting in a PADEP
determination of what specific emissions limit or control measures
satisfy RACT for that particular unit. The adoption of new, additional,
or revised emissions limits or control measures to existing SIP-
approved RACT I requirements were specified as requirements in new or
revised federally enforceable permits (hereafter RACT II permits)
issued by PADEP to the source. Similarly, PADEP's determinations of
alternative NO<INF>X</INF> emissions limits are included in RACT II
permits. These RACT II permits have been submitted as part of the
Pennsylvania RACT SIP revisions for EPA's approval in the Pennsylvania
SIP under 40 CFR 52.2020(d)(1). The RACT II permits submitted by PADEP
are listed in the last column of Table 1 of this preamble, along with
the permit effective date, and are part of the docket for this rule,
which is available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket No.
EPA-R03-OAR-2021-0380.\4\ EPA is incorporating by reference in the
Pennsylvania SIP, via the RACT II permits, source-specific RACT
emissions limits and control measures and/or alternative NO<INF>X</INF>
emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain
major sources of NO<INF>X</INF> and VOC emissions.
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\4\ The RACT II permits included in the docket for this rule are
redacted versions of the facilities' federally enforceable permits.
They reflect the specific RACT requirements being approved into the
Pennsylvania SIP via this final action.
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B. EPA's Final Action
PADEP's SIP revisions incorporate its determinations of source-
specific RACT II controls for individual emission units at major
sources of NO<INF>X</INF> and/or VOC in Pennsylvania, where those units
are not covered by or cannot meet Pennsylvania's presumptive RACT
regulation or where included in a NO<INF>X</INF> emissions averaging
plan. After thorough review and evaluation of the information provided
by PADEP in its SIP revision submittals for sources at 24 major
NO<INF>X</INF> and/or VOC emitting facilities in Pennsylvania, EPA
found that: (1) PADEP's case-by-case RACT determinations and
conclusions establish limits and/or controls on individual sources that
are reasonable and appropriately considered technically and
economically feasible controls; (2) PADEP's determinations on
alternative NO<INF>X</INF> emissions limits demonstrate that emissions
under the averaging plan are equivalent to emissions if the individual
sources were operating in accordance with the applicable presumptive
limit; and (3) PADEP's determinations are consistent with the CAA, EPA
regulations, and applicable EPA guidance.
PADEP, in its RACT II determinations, considered the prior source-
specific RACT I requirements and, where more stringent, retained those
RACT I requirements as part of its new RACT determinations. In the
NPRM, EPA proposed to find that all the proposed revisions to
previously SIP-approved RACT I requirements would result in equivalent
or additional reductions of NO<INF>X</INF> and/or VOC emissions. The
proposed revisions should not interfere with any applicable
requirements concerning attainment of the NAAQS, reasonable further
progress, or other applicable requirements under section 110(l) of the
CAA.
[[Page 3440]]
Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations and alternative NO<INF>X</INF>
emissions limits and the rationale for EPA's proposed action are
explained more thoroughly in the NPRM, and its associated technical
support document (TSD), and will not be restated here.
III. Public Comments and EPA Responses
EPA received comments from three commenters on the August 2, 2021
NPRM. 86 FR 41426. A summary of the comments and EPA's responses are
discussed in this section. A copy of the comments can be found in the
docket for this rule action.
Comment 1: One commenter notes that where PADEP proposed annual
limits as RACT, EPA has proposed approval of these limits as SIP
strengthening measures rather than RACT provisions. The commenter
asserts that if EPA cannot approve the provisions as RACT due to EPA's
policy of not approving limits with averaging times longer than 30
days, the annual limit determinations must be disapproved and remitted
back to the state or EPA must explain how this long-term limit is
acceptable.
Response 1: While the commenter does not specify a particular EPA
policy, EPA agrees that its existing guidance does highlight the need
for emission controls that are reasonably consistent with protecting a
short-term NAAQS such as ozone. In those cases where an emission limit
for a RACT control can be quantified, EPA guidance states that
averaging periods for such limits should be as short as practicable and
in no case longer than 30 days.\5\
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\5\ See the January 20, 1984 EPA guidance memorandum titled
``Averaging Times for Compliance with VOC Emission Limits--SIP
Revision Policy.''
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Since the 1970's, EPA has consistently defined RACT as the lowest
emission limit that a particular source is capable of meeting by the
application of the control technology that is reasonably available
considering technological and economic feasibility. The establishment
of case-by-case RACT requirements to reduce VOC and/or NO<INF>X</INF>
emissions considers not only numeric emission limits, but also design
and equipment specifications, operational and throughput constraints
and work practice standards.
In the SIP revisions in this final rule action, PADEP has followed
its SIP-approved RACT process and evaluated the technical and economic
feasibility of control strategies for various sources that required
source-specific RACT requirements. While the commenter has not
identified any specific objectionable source or annual limit, PADEP's
CbC determinations for sources at the 24 facilities at issue in this
rule run the gamut of short-term emission limits, operational and
throughput constraints, and work practice standards. Sometimes, the CbC
determination is the retention of the prior RACT requirements. The CbC
determinations also impose monitoring and recordkeeping requirements to
ensure enforceability. In addition to these source-specific RACT
requirements, PADEP has, for certain sources, added an annual limit to
its CbC determination. These annual limits derive from either existing
permit limits previously established under another regulatory authority
or operating conditions utilized in conducting the economic feasibility
portion of the RACT analysis. The annual limits help to ensure that the
SIP requires the conditions under which PADEP analyzed RACT
feasibility. PADEP included those annual limits in its SIP submittal to
us, and EPA is incorporating those annual emission limits into the SIP
not as RACT control limits but for the purpose of SIP strengthening.\6\
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\6\ See also EPA's October 16, 2020 approval of other PADEP CbC
SIP revisions for a discussion of SIP strengthening provisions. 85
FR 65706, 65709.
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Courts have recognized EPA's ability to approve such SIP
strengthening measures. In Ass'n of Irritated Residents v. EPA, the
court noted that the CAA generally provides states with the
responsibility to meet air quality standards and to adopt emission
limits, No. 19-71223 (9th Cir. August 26, 2021). See also 42 U.S.C.
7407(a), 7416. The court also reasoned that the CAA does not prohibit a
state from establishing an emission limit so long as it is not less
stringent than limits already in the SIP and is enforceable. Id.
section 7416. The annual emissions limits established by PADEP here
meet both criteria. As described above, the annual limits are an
additional requirement imposed by PADEP to supplement its CbC RACT
determinations. They are not less stringent and are enforceable. For
these reasons, we consider the annual limits to be separate from RACT
and will approve them into the SIP as strengthening measures.
Comment 2: The commenter claims that EPA is required to disapprove
the RACT permit limits for ArcelorMittal Plate LLC's Conshohocken Plant
(ArcelorMittal Conshohocken) because ``the emission limits are not
sufficient enough to meet RACT requirements.'' The commenter lists the
following sources as having only ton per year limits or limits
calculated on a rolling 12-month average or sum: Drever Furnace, Quench
Furnace, Rose Annealing Furnace, Slab Heating Furnaces 1 and 2, and
Temper Furnace. The commenter cites several documents, including EPA's
own rulemaking actions and guidance documents, that point to a 30-day
averaging time for NO<INF>X</INF> RACT being appropriate for a short-
term NAAQS such as the 8-hour ozone NAAQS as support for disapproving
the annual limits and the 12-month averaging periods in the
ArcelorMittal Conshohocken RACT II permit.
In a second, yet related comment, the same commenter further claims
that EPA cannot approve the 12-month averaging emission limits for
sources at ArcelorMittal Conshohocken as ``SIP strengthening''
measures. The commenter notes that in EPA's technical support document,
it has identified these 12-month averaging limits as PADEP RACT limits
and claims that EPA cannot now avoid disapproving these allegedly
inadequate annual limits by calling them SIP strengthening measures.
Additionally, the commenter claims that ``it is possible to place
shorter term limits, such as 30-day rolling averages'' on the sources
at ArcelorMittal Conshohocken.
Response 2: The two comments received regarding EPA's proposed
approval of the annual limits in PADEP's SIP revision for sources at
ArcelorMittal Conshohocken's facility specifically refer to the annual
NO<INF>X</INF> emission limits included by PADEP in its CbC
determinations for the five sources listed in the above comment that
EPA is now approving and incorporating into the Pennsylvania SIP as
``SIP strengthening'' measures. For context, the NO<INF>X</INF>
emission limits being incorporated as SIP strengthening measures for
four of the five sources (Quench Furnace, Rose Annealing Furnace, Slab
Heating Furnaces 1 and 2, and Temper Furnace) are existing
NO<INF>X</INF> emission limits, which were previously incorporated into
the Pennsylvania SIP for this facility. The annual NO<INF>X</INF>
emission limit being incorporated with this rule action as a SIP
strengthening measure for the fifth source, the Drever Furnace, is an
existing permit limitation, which is not currently incorporated into
the Pennsylvania SIP.
As required under its SIP-approved RACT CbC process, PADEP
conducted technical and, if applicable, economic feasibility analyses
for all five sources at
[[Page 3441]]
ArcelorMittal Conshohocken pursuant to 25 Pa. Code 129.99, which in
turn references the process outlined in 25 Pa. Code 129.92. In all five
instances, no new controls were determined to be technically or
economically feasible for the sources. For all five sources, the RACT
II determinations EPA is approving include a fuel limitation (in
thousand cubic feet per hour (Mcf/hr) calculated as a 12-month rolling
sum); monthly fuel recordkeeping requirements; monthly and 12-month
rolling sum NO<INF>X</INF> emissions calculations (using a designated
emission factor in lb/Mcf fuel used); and a requirement to maintain and
operate the source in accordance with manufacturer's specifications and
in accordance with good air pollution practices. In addition, PADEP
also seeks to include in the SIP annual NO<INF>X</INF> emission
limits.\7\
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\7\ See PADEP Technical Review Memos, dated October 27, 2016 and
August 8, 2017 [revised January 18, 2018].
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As discussed more fully in response to Comment 1, above of this
preamble, states may propose additional emission limits to be included
within its SIP, and EPA may approve such limits for a SIP so long as
they are no less stringent. EPA views these as SIP strengthening
measures. They help to ensure that the SIP requires the conditions
under which PADEP analyzed RACT feasibility. The annual limits PADEP
included for the five sources at ArcelorMittal Conshohocken derive from
existing permit limits. Because these limits are being approved as SIP
strengthening measures, rather than RACT limits, the rulemaking actions
and guidance documents that commenter points to are irrelevant here.
The commenter also makes a generalized claim that it is possible to
limit the subject sources to a term shorter than 12-month averages.
While the commenter's claim that it is possible to have shorter term
limits may be correct, a shorter-term limit is not required. PADEP
chose to utilize existing annual limits established under another
regulatory authority to add further limits to its RACT determinations.
As discussed above, the RACT II determinations for the sources at the
facility include fuel limitations, monthly recordkeeping requirements,
and a requirement to maintain and operate in accordance with
manufacturer's specifications.
PADEP included those annual limits in its SIP submittal to us, and
EPA is incorporating those annual emission limits into the SIP not as
RACT control limits but for the purpose of SIP strengthening. As
described above, the annual limits are an additional requirement
imposed by PADEP to supplement its CbC RACT determinations. They are
not less stringent and are enforceable. For these reasons, we consider
the annual limits to be separate from RACT and will approve them into
the SIP as strengthening measures.
Comment 3: One commenter requested disapproval of the Exelon
Generation Company, LLC Croydon Generating Station RACT determination.
The commenter asserts that water injection and selective catalytic
reduction (SCR) for the sources at this facility should have been found
economically feasible and should have been considered when evaluating
PADEP's RACT submittal. Further, commenter supports this argument by
noting that the neighboring states of New Jersey, New York, and
Maryland have determined these controls feasible at similar cost
effectiveness values.
Response 3: For sources at this facility, water injection and SCR
were found to have, respectively, NO<INF>X</INF> removal costs of
$5,696 and $4,423 per ton of NO<INF>X</INF> controlled. PADEP utilizes
a cost effectiveness threshold of $3,500 per ton of NO<INF>X</INF>
controlled. Therefore, PADEP determined that neither technology was
cost effective and, therefore, both were eliminated in the analysis as
economically feasible controls.
While other states may consider the cost effectiveness values for
these identified controls reasonable, each state has discretion to
determine what costs are considered reasonable when establishing RACT
for sources located within their jurisdictions and must make and defend
their determination on how to weigh these values in establishing RACT.
In its RACT II rule development, Pennsylvania also reviewed examples of
benchmarks used by other states: Wisconsin, $2,500 per ton
NO<INF>X</INF>; Illinois, $2,500-$3,000 per ton NO<INF>X</INF>;
Maryland, $3,500-$5,000 per ton NO<INF>X</INF>; Ohio, $5,000 per ton
NO<INF>X</INF>; and New York, $5,000-$5,500 per ton NO<INF>X</INF>.\8\
---------------------------------------------------------------------------
\8\ PADEP Responses to Frequently Asked Questions, Final
Rulemaking RACT Requirements for Major Sources of NO<INF>X</INF> and
VOCs. October 20, 2016.
---------------------------------------------------------------------------
In its conditional approval of Pennsylvania's overall RACT II
program, EPA found that PADEP's cost effectiveness thresholds are
reasonable and reflect control levels achieved by the application and
consideration of available control technologies, after considering both
the economic and technological circumstances of Pennsylvania's own
sources. See 84 FR 20274, 20286 (May 9, 2019).\9\ For these reasons EPA
is finalizing the RACT determinations for the Exelon Generation
Company, LLC Croydon Generating Station.
---------------------------------------------------------------------------
\9\ See also EPA's October 16, 2020 approval of other PADEP CbC
SIP revisions for a discussion of PADEP's cost effectiveness
thresholds. 85 FR 65706, 65711.
---------------------------------------------------------------------------
IV. Final Action
EPA is approving case-by-case RACT determinations and/or
alternative NO<INF>X</INF> emissions limits for 24 sources in
Pennsylvania, as required to meet obligations pursuant to the 1997 and
2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations and alternative NO<INF>X</INF> emissions
limits under the 1997 and 2008 8-hour ozone NAAQS for certain major
sources of VOC and NO<INF>X</INF> in Pennsylvania. EPA has made, and
will continue to make, these materials generally available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.\10\
---------------------------------------------------------------------------
\10\ 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:
[[Page 3442]]
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 25, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action approving Pennsylvania's NO<INF>X</INF> and VOC
RACT requirements for 24 facilities for the 1997 and 2008 8-hour ozone
NAAQS may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons set out in the preamble, 40 CFR part 52 is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (d)(1) is amended by:
0
a. Revising the entries ``Superior Tube Company''; ``PECO Energy Co.--
Croydon Generating Station''; ``Epsilon Products Co.--Marcus Hook'';
``Silberline Manufacturing Co''; ``Nova Chemicals, Inc. (formerly Arco
Chemical Co.--Beaver Valley)''; ``Penreco--Karns City''; ``Bethlehem
Lukens Plate''; ``GE Transportation Systems''; ``Grinnell
Corporation''; ``Buck Company Inc''; ``Petrowax Refining''; ``Molded
Fiber Glass''; ``The International Metals Reclamation Co''; ``Conoco
Phillips Company''; ``Willamette Industries, Johnsonburgh Mill'';
``Merisol Antioxidants LLC''; and ``The Carbide/Graphite Group, Inc'';
and
0
b. Adding entries at the end of the table for ``Anvil International,
LLC (formerly referenced as Grinnell Corporation)''; ``ArcelorMittal
Plate LLC Conshohocken Plant (formerly referenced as Bethlehem Lukens
Plate)''; ``Braskem America Inc. Marcus Hook (formerly referenced as
Epsilon Products Co.--Marcus Hook)''; ``Buck Co Inc. Quarryville
(formerly referenced as Buck Company Inc)''; ``Calumet Karns City
Refining LLC (formerly referenced as Penreco--Karns City)''; ``Clarion
Bathware Marble''; ``Domtar Paper Company Johnsonburg Mill (formerly
referenced as Willamette Industries, Johnsonburgh Mill)''; ``Exelon
Generation Company LLC Croydon Generating Station (formerly referenced
as PECO Energy Co.--Croydon Generating Station)''; ``Georgia-Pacific
Panel Products LLC Mt. Jewell MDF Plant''; ``GE Transportation Grove
City Engine (formerly referenced as GE Transportation Systems)'';
``GrafTech USA LLC St Marys (formerly referenced as The Carbide/
Graphite Group, Inc)''; ``Haysite Reinforced Plastics LLC Erie'';
``INMETCO Ellwood City (formerly referenced as The International Metals
Reclamation Co)''; ``International Waxes Inc Farmers Valley (formerly
referenced as Petrowax Refining''; ``Jeld Wen Fiber Division PA'';
``Mars Wrigley Confectionery US LLC Elizabethtown''; ``Molded Fiber
Glass Company Union City (formerly referenced as Molded Fiber Glass)'';
``Monroe Energy LLC Trainer (formerly referenced as Conoco Phillips
Company)''; ``Nova Chemicals Company Beaver (formerly referenced as
Nova Chemicals, Inc.)''; ``Sasol Chemicals USA LLC (formerly referenced
as Merisol Antioxidants LLC)''; ``Silberline Manufacturing Company
Lincoln Drive Plant (formerly referenced as Silberline Manufacturing
Co)''; ``Superior Tube Company Lower Providence (formerly referenced as
Superior Tube Company)''; ``Victaulic Company Alburtis Facility''; and
``Victaulic Forks Facility''.
The revisions and additions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
[[Page 3443]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional
explanations/Sec.
Name of source Permit No. County State effective date EPA approval date Sec. 52.2063 and
52.2064 citations
\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Superior Tube Company........... OP-46-0020................ Montgomery.............. 4/17/98............... 11/06/98, 63 FR See also
59884. 52.2064(g)(22).
* * * * * * *
PECO Energy Co.--Croydon OP-09-0016A............... Bucks................... 12/20/96.............. 12/15/00, 65 FR See also
Generating Station. 78418. 52.2064(g)(8).
* * * * * * *
Epsilon Products Co.--Marcus OP-23-0012................ Delaware................ 2/15/96............... 12/15/00, 65 FR See also
Hook. 78418. 52.2064(g)(3).
* * * * * * *
Silberline Manufacturing Co..... OP-54-0041................ Schuylkill.............. 4/19/99............... 12/15/00, 65 FR See also
78418. 52.2064(g)(21).
* * * * * * *
Nova Chemicals, Inc. (formerly (OP)04-000-033............ Beaver.................. 4/16/99............... 10/17/01, 66 FR See also
Arco Chemical Co.--Beaver 1/24/01............... 52705. 52.2064(g)(19).
Valley).
* * * * * * *
Penreco--Karns City............. OP-10-0027................ Butler.................. 5/31/95............... 10/12/01, 66 FR See also
52044. 52.2064(g)(5).
* * * * * * *
Bethlehem Lukens Plate.......... P-46-0011................. Montgomery.............. 12/11/98.............. 10/30/01, 66 FR See also
54691. 52.2064(g)(2).
* * * * * * *
GE Transportation Systems....... OP-43-196................. Mercer.................. 5/16/01............... 3/31/05, 70 FR See also
16416. 52.2064(g)(10).
* * * * * * *
Grinnell Corporation............ 36-2019................... Lancaster............... 6/30/95............... 3/31/05, 70 FR See also
16420. 52.2064(g)(1).
Buck Company Inc................ 36-2035................... Lancaster............... 8/1/95................ 3/31/05, 70 FR See also
16420. 52.2064(g)(4).
* * * * * * *
Petrowax Refining............... OP-42-110................. McKean.................. 3/4/96, 5/31/96....... 3/31/05, 70 FR See also
16423. 52.2064(g)(14).
* * * * * * *
Molded Fiber Glass.............. OP-25-035................. Erie.................... 7/30/99............... 11/1/05, 70 FR See also
65842. 52.2064(g)(17).
* * * * * * *
The International Metals OP-37-243................. Lawrence................ 8/9/00................ 3/31/06, 71 FR See also
Reclamation Co. 16235. 52.2064(g)(13).
* * * * * * *
Conoco Phillips Company......... OP-23-0003................ Delaware................ 4/29/04............... 6/13/06, 71 FR See also
34011. 52.2064(g)(18).
* * * * * * *
Willamette Industries, OP-24-009................. Elk..................... 5/23/95............... 6/13/06, 71 FR See also
Johnsonburgh Mill. 34011. 52.2064(g)(7).
* * * * * * *
Merisol Antioxidants LLC........ OP-61-00011............... Venango................. 4/18/05............... 6/14/06, 71 FR See also
34259. 52.2064(g)(20).
* * * * * * *
The Carbide/Graphite Group, Inc. OP-24-012................. Elk..................... 5/12/95............... 7/11/06, 71 FR See also
38993. 52.2064(g)(11).
* * * * * * *
Anvil International, LLC 36-05019.................. Lancaster............... 2/1/19................ 1/24/22, [insert 52.2064(g)(1).
(formerly referenced as Federal Register
Grinnell Corporation). citation].
ArcelorMittal Plate LLC 46-00011.................. Montgomery.............. 1/26/18............... 1/24/22, [insert 52.2064(g)(2).
Conshohocken Plant (formerly Federal Register
referenced as Bethlehem Lukens citation].
Plate).
Braskem America Inc. Marcus Hook 23-00012.................. Delaware................ 3/2/20................ 1/24/22, [insert 52.2064(g)(3).
(formerly referenced as Epsilon Federal Register
Products Co.--Marcus Hook). citation].
[[Page 3444]]
Buck Co Inc. Quarryville 36-05053.................. Lancaster............... 4/1/2020.............. 1/24/22, [insert 52.2064(g)(4).
(formerly referenced as Buck Federal Register
Company Inc). citation].
Calumet Karns City Refining LLC 10-027H................... Butler.................. 11/29/18.............. 1/24/22, [insert 52.2064(g)(5).
(formerly referenced as Federal Register
Penreco--Karns City). citation].
Clarion Bathware Marble......... 16-00133.................. Clarion................. 12/19/20.............. 1/24/22, [insert 52.2064(g)(6).
Federal Register
citation].
Domtar Paper Company Johnsonburg 24-00009.................. Elk..................... 2/25/2020............. 1/24/22, [insert 52.2064(g)(7).
Mill (formerly referenced as Federal Register
Willamette Industries, citation].
Johnsonburgh Mill).
Exelon Generation Company LLC 09-00016.................. Bucks................... 4/11/18............... 1/24/22, [insert 52.2064(g)(8).
Croydon Generating Station Federal Register
(formerly referenced as PECO citation].
Energy Co.--Croydon Generating
Station).
Georgia-Pacific Panel Products 42-158R................... McKean.................. 1/2/19................ 1/24/22, [insert 52.2064(g)(9).
LLC Mt. Jewell MDF Plant. Federal Register
citation].
GE Transportation Grove City 43-00196.................. Mercer.................. 11/7/19............... 1/24/22, [insert 52.2064(g)(10).
Engine (formerly referenced as Federal Register
GE Transportation Systems). citation].
GrafTech USA LLC St Marys 43-00196.................. Elk..................... 5/1/19................ 1/24/22, [insert 52.2064(g)(11).
(formerly referenced as The Federal Register
Carbide/Graphite Group, Inc). citation].
Haysite Reinforced Plastics LLC 25-00783.................. Erie.................... 7/24/19............... 1/24/22, [insert 52.2064(g)(12).
Erie. Federal Register
citation].
INMETCO Ellwood City (formerly 37-00243.................. Lawrence................ 12/6/2019............. 1/24/22, [insert 52.2064(g)(13).
referenced as The International Federal Register
Metals Reclamation Co). citation].
International Waxes Inc Farmers 42-00011.................. McKean.................. 2/21/20............... 1/24/22, [insert 52.2064(g)(14).
Valley (formerly referenced as Federal Register
Petrowax Refining). citation].
Jeld Wen Fiber Division PA...... 08-0003................... Bradford................ 9/21/18............... 1/24/22, [insert 52.2064(g)(15).
Federal Register
citation].
Mars Wrigley Confectionery US 36-05142.................. Lancaster............... 7/18/19............... 1/24/22, [insert 52.2064(g)(16).
LLC Elizabethtown. Federal Register
citation].
Molded Fiber Glass Company Union 25-00035.................. Erie.................... 2/5/2020.............. 1/24/22, [insert 52.2064(g)(17).
City (formerly referenced as Federal Register
Molded Fiber Glass). citation].
Monroe Energy LLC Trainer 23-00003.................. Delaware................ 6/5/17................ 1/24/22, [insert 52.2064(g)(18).
(formerly referenced as Conoco Federal Register
Phillips Company). citation].
Nova Chemicals Company Beaver 004-00033................. Beaver.................. 4/2/20................ 1/24/22, [insert 52.2064(g)(19).
(formerly referenced as Nova Federal Register
Chemicals, Inc.). citation].
Sasol Chemicals USA LLC 61-00011.................. Venango................. 2/16/20............... 1/24/22, [insert 52.2064(g)(20).
(formerly referenced as Merisol Federal Register
Antioxidants LLC). citation].
Silberline Manufacturing Company 54-00041.................. Schuylkill.............. 3/16/20............... 1/24/22, [insert 52.2064(g)(21).
Lincoln Drive Plant (formerly Federal Register
referenced as Silberline citation].
Manufacturing Co).
Superior Tube Company Lower 46-00020.................. Montgomery.............. 2/5/20................ 1/24/22, [insert 52.2064(g)(22).
Providence (formerly referenced Federal Register
as Superior Tube Company). citation].
[[Page 3445]]
Victaulic Company Alburtis 39-00069.................. Lehigh.................. 10/24/17.............. 1/24/22, [insert 52.2064(g)(23).
Facility. Federal Register
citation].
Victaulic Forks Facility........ 48-0009................... Northampton............. 10/24/17.............. 1/24/22, [insert 52.2064(g)(24).
Federal Register
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The cross-references that are not Sec. 52.2064 are to material that pre-date the notebook format. For more information, see Sec. 52.2063.
* * * * *
0
3. Amend Sec. 52.2064 by adding paragraph (g) 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).
* * * * *
(g) 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 (g) are incorporated as specified. (Rulemaking
Docket No. EPA-OAR-2021-0380.)
(1) Anvil International, LLC--Incorporating by reference Permit No.
36-05019, effective February 1, 2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 36-2019, effective June
30, 1995, remain as RACT requirements for Sources 501, 502, 503, and
196. See also Sec. 52.2020(d)(1), for prior RACT approval.
(2) ArcelorMittal Plate LLC Conshohocken Plant--Incorporating by
reference Permit No. 46-00011, effective January 26, 2018, as redacted
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
46-0011, effective December 11, 1998, remain as RACT requirements
except for Conditions 8 and 9, which are superseded by the new permit.
See also Sec. 52.2063(c)(185)(i)(B)(2), for prior RACT approval.
(3) Braskem America Inc. Marcus Hook--Incorporating by reference
Permit No. 23-00012, effective March 2, 2020, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. OP-23-
0012, effective February 15, 1996, remain as RACT requirements. See
also Sec. 52.2063(c)(143)(i)(B)(25), for prior RACT approval.
(4) Buck Co Inc. Quarryville--Incorporating by reference Permit No.
36-05053, effective April 1, 2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 36-2035, effective
August 1, 1995, remain as RACT requirements. See also Sec.
52.2020(d)(1), for prior RACT approval.
(5) Calumet Karns City Refining LLC--Incorporating by reference
Permit No. 10-027H, issued November 29, 2018, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. 10-
027, issued May 31, 1995 are superseded except for Condition No. 4 for
Boiler No. 1, which remains as a RACT requirement. See also Sec.
52.2063(c)(177)(i)(B)(1), for prior RACT approval.
(6) Clarion Bathware Marble--Incorporating by reference Permit No.
16-00133, effective February 19, 2020, as redacted by Pennsylvania.
(7) Domtar Paper Company Johnsonburg Mill--Incorporating by
reference Permit No. 24-00009, effective February 25, 2020, as redacted
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
24-009, effective May 23, 1995, remain as RACT requirements. See also
Sec. 52.2020(d)(1), for prior RACT approval.
(8) Exelon Generation Company, LLC Croydon Generating Station--
Incorporating by reference Permit No. 09-00016, effective April 11,
2018, as redacted by Pennsylvania, in addition to the prior RACT Permit
No. OP-09-0016A, issued December 20, 1996 which also remains as RACT
requirements except for condition 9.A. See also Sec.
52.2063(c)(143)(i)(B)(13), for prior RACT approval.
(9) Georgia-Pacific Panel Products LLC Mount Jewell MDF--
Incorporating by reference Permit No. 42-158R, effective January 2,
2019, as redacted by Pennsylvania.
(10) GE Transportation Grove City Engine--Incorporating by
reference Permit No. 43-00196, effective October 7, 2019, as redacted
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
43-196, effective May 16, 2001, remain as RACT requirements except for
Conditions 3 and 9. See also Sec. 52.2020(d)(1), for prior RACT
approval.
(11) GrafTech USA LLC St Marys- Incorporating by reference Permit
No. 24-00012, effective May 1, 2019, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 24-012, effective May
12, 1995 remain as RACT requirements. See also Sec. 52.2020(d)(1), for
prior RACT approval.
(12) Haysite Reinforced Plastics LLC Erie- Incorporating by
reference Permit No. 25-00783, effective July 24, 2019, as redacted by
Pennsylvania.
(13) INMETCO Ellwood City--Incorporating by reference Permit No.
37-00243, effective December 6, 2019, as redacted by Pennsylvania,
which supersedes the prior RACT I Permit No. OP-37-243, effective
August 9, 2000, except for Condition 5 (but only to the extent
Condition 5 incorporates the operation and maintenance requirements of
Condition 6 of OP-37-243, effective September 1, 1995, for the
furnaces), which remains as a RACT requirement. See also Sec.
52.2020(d)(1), for prior RACT approval.
(14) International Waxes Inc Farmers Valley--Incorporating by
reference Permit No.42-00011, effective February 21, 2020, as redacted
by Pennsylvania, which supersedes the prior RACT Permit No. OP-42-110,
effective March 4, 1996, except for Conditions 8 and 9, which remain as
RACT requirements. See also Sec. 52.2020(d)(1), for prior RACT
approval.
(15) Jeld Wen Fiber Division PA--Incorporating by reference Permit
No. 08-00003, effective September 21, 2018, as redacted by
Pennsylvania.
(16) Mars Wrigley Confectionery US LLC Elizabethtown--Incorporating
by reference Permit No. 36-05142, effective July 18, 2019, as redacted
by Pennsylvania.
(17) Molded Fiber Glass Co Union City--Incorporating by reference
Permit No. 25-00035, effective February 5, 2020, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. OP-25-
035, effective July 30, 1999, remain as RACT requirements. See also
Sec. 52.2020(d)(1), for prior RACT approval.
(18) Monroe Energy LLC Trainer--Incorporating by reference Permit
No. 23-00003, effective June 5, 2017, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 23-0003, effective April
29, 2004, remain as RACT requirements. See also Sec. 52.2020(d)(1),
for prior RACT approval.
[[Page 3446]]
(19) Nova Chemicals Company Beaver--Incorporating by reference
Permit No. 04-00033, issued April 2, 2020, as redacted by PADEP, which
supersedes prior RACT Permit No. 04-000333, issued April 16, 1999 and
reissued January 24, 2001. See also Sec. 52.2063(c)(173)(i)(B)(4), for
prior RACT approval.
(20) Sasol Chemicals USA LLC--Incorporating by reference Permit No.
61-00011, effective February 16, 2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 61-011, effective April
18, 2005, remain as RACT requirements, except for the bypass limitation
in Condition 12 (applicable to Source 107, 314/340 Distillation
Columns), which is superseded by the new permit. See also Sec.
52.2020(d)(1), for prior RACT approval.
(21) Silberline Manufacturing Company Lincoln Drive Plant-
Incorporating by reference Permit No. 54-00041, effective March 16,
2020, as redacted by Pennsylvania. All permit conditions in the prior
RACT Permit No. 54-0041, effective April 19, 1999, remain as RACT
requirements. See also Sec. 52.2063(c)(143)(i)(B)(44), for prior RACT
approval.
(22) Superior Tube Company Lower Providence--Incorporating by
reference Permit No. 46-00020, effective February 5, 2020, as redacted
by Pennsylvania, which supersedes the prior RACT I Permit No OP-46-
0020, effective April 17, 1998, except for the facility-wide
NO<INF>X</INF> emissions limit found in Condition 4 and Conditions 5,
10, 11, 13, 14, and 15, which remain as RACT requirements. See also
Sec. 52.2063(c)(136)(i)(B)(13), for prior RACT approval.
(23) Victaulic Company Alburtis Facility--Incorporating by
reference Permit No. 39-00069, effective October 24, 2017, as redacted
by Pennsylvania.
(24) Victaulic Forks Facility--Incorporating by reference Permit
No. 48-00009, effective October 24, 2017, as redacted by Pennsylvania.
[FR Doc. 2021-27231 Filed 1-21-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.