Rule2021-27232
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
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2022
Effective
February 24, 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 14 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 14 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
<html>
<head>
<title>Federal Register, Volume 87 Issue 16 (Tuesday, January 25, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3666-3673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27232]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0217; FRL-9290-02-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.
-----------------------------------------------------------------------
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 14 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 14 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 24, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-EPA-R03-OAR-2021-0217. 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: Ms. Gwendolyn Supplee, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2763. Ms. Supplee can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#3f4c4a4f4f535a5a1158485a515b505346517f5a4f5e11585049"><span class="__cf_email__" data-cfemail="d8abada8a8b4bdbdf6bfafbdb6bcb7b4a1b698bda8b9f6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 2, 2021, EPA published a notice of proposed rulemaking
(NPRM). 86 FR 41421. In the NPRM, EPA proposed approval of case-by-case
RACT determinations or alternative NO<INF>X</INF> emissions limits for
sources 14 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. PADEP submitted the SIP revisions for sources at these
facilities on May 7, 2020.
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 NO<INF>X</INF> sources. The
requirements of the RACT I rule remain as previously approved in
Pennsylvania's SIP and continue to be
[[Page 3667]]
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.
---------------------------------------------------------------------------
\1\ The RACT I Rule was approved by EPA into the Pennsylvania
SIP on March 23, 1998. 63 FR 13789. Through this rule, certain
source-specific RACT I requirements will be superseded by more
stringent requirements. See Section II of the preamble to this final
rule.
---------------------------------------------------------------------------
On May 9, 2019, EPA conditionally approved the RACT II rule based
on the commitments PADEP made in its September 22, 2017 letter.\2\ 84
FR 20274. In EPA's final conditional approval, EPA 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
In PADEP's RACT determinations involving NO<INF>X</INF> averaging,
an evaluation was completed to determine that 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 not 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 14 major NO<INF>X</INF> and/or VOC emitting facilities
in Pennsylvania, as summarized in Table 1 in this document.
Table 1--Fourteen 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
----------------------------------------------------------------------------------------------------------------
Major source
Major source (county) 1-Hour ozone RACT pollutant (NOX and/or RACT II permit (effective
source? (RACT I) VOC) date)
----------------------------------------------------------------------------------------------------------------
Dart Container Corporation of Yes................... VOC.................. 36-05117 (10/15/2020)
Pennsylvania--East Lampeter
(Lancaster).
Dart Container Corporation of Yes................... NOX and VOC.......... 36-05015 (03/30/2020)
Pennsylvania--Leola (Lancaster).
Latrobe Specialty Metals--A Yes................... NOX.................. 65-00016 (02/26/2020)
Carpenter Co (Westmoreland).
ATI Flat Rolled Products Holdings, Yes................... NOX.................. 65-00137
LLC (Westmoreland).
CONSOL Pennsylvania Coal Company, Yes................... VOC.................. 30-00072L
LLC (Greene).
IPSCO Koppel Tubular Corporation-- No.................... NOX.................. 04-00227
IPSCO Ambridge (Beaver).
IPSCO Koppel Tubular Corporation-- Yes................... NOX and VOC.......... 04-00059 (03/16/2020)
IPSCO Koppel (Beaver).
MarkWest Liberty Bluestone Plant No.................... VOC.................. 10-00368
(Butler).
York Group Inc.--Black Bridge Rd Yes................... VOC.................. 67-05014C
(York).
Omnova Solutions Inc--Jeannette Yes................... VOC.................. 65-00207 (02/06/2020)
Plant (Westmoreland).
Jessop Steel LLC--Washington Plant Yes................... NOX.................. 63-00027 (03/11/2020)
(Washington).
Kawneer Commercial Windows LLC Yes................... VOC.................. 10-00267 (03/04/2020)
(Butler).
Tennessee Gas Pipeline Co., LLC, Yes................... NOX and VOC.......... 27-015A (12/07/2018)
Marienville STA 307 (Forest).
Mack Truck--Macungie (Lehigh)...... Yes................... NOX and VOC.......... 39-00004 (04/03/2020)
----------------------------------------------------------------------------------------------------------------
[[Page 3668]]
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-2021-0217.\4\ EPA is incorporating by reference in the
Pennsylvania SIP, via the RACT II permits, source-specific RACT
emissions limits and control measures and 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 14 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
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.
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 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 three comments from three commenters on the August 2,
2021 NPRM. 86 FR 41421. A summary of the comments and EPA's response
are discussed in this section. A copy of the comments can be found in
the docket for this rule action.
Comment 1: The commenter claims that for the Mack Truck--Macungie
facility to meet RACT II requirements, an economic and technical
feasibility analysis must be conducted. The commenter identifies that
such an analysis was not performed for sources at this facility and
also appears to claim that compliance with CTGs is insufficient to meet
RACT requirements. Therefore, the commenter states that EPA must
require a technical and economic feasibility analysis for the sources
at Mack Truck before RACT can be approved for this facility.
Response 1: Pennsylvania's RACT II regulations allow a source to
meet RACT II requirements by complying with presumptive RACT
requirements under 25 Pa. Code 129.97, with CTGs under 25 Pa. Code
129.96(a) and (b), NO<INF>X</INF> averaging under 25 Pa. Code 129.98,
or with a case-by-case limit in accordance with 25 Pa. Code 129.99. A
technical and economic feasibility analysis is only required as part of
the case-by-case limit development process required in section 129.99.
All of the sources at this facility are required to meet either a
CTG under 25 Pa. Code 129.52d or presumptive requirements under 25 Pa.
Code 129.97(c). Since all the sources at Mack Truck are meeting either
presumptive or CTG requirements, a case-by-case analysis is not
required.
The commenter's specific concern appears to arise from EPA's TSD
where EPA, in discussing the regulatory status of the ``G'' Line
(Source IDs 108 and 109) and the Final Spray Booth and Oven (Source IDs
114 and 116), identified that the typical technical and economic
feasibility analysis was not conducted for these sources. However, EPA,
in that document, also acknowledged that such an analysis was not
required for these sources because they are now regulated under a CTG
at section 129.52d. Nevertheless, since these sources were subject to
previously SIP-approved RACT I requirements, PADEP had to ensure,
pursuant to CAA section 110(l), that the new CTG requirements were at
least as stringent as the prior RACT I requirements. Through an
additional, source-specific analysis, PADEP determined that the newly
established throughput limits for Source IDs 108 and 109, combined with
compliance with the CTG's solvent content restrictions at 25 Pa. Code
129.52d, ensured that the RACT II limits were more stringent than the
RACT I requirements. In order to ensure that stringency, PADEP added
the newly established throughput limits to its RACT II requirements for
these sources. For Source IDs 114 and 116, PADEP's 110(l) analysis led
it to retain the existing RACT I requirements. Accordingly, PADEP was
not performing a case-by-case determination for these sources under
section 129.99, and a technical and economic feasibility analysis was
not required. For these reasons, PADEP's SIP revision for the sources
at Mack Truck meets RACT requirements and is approvable.
Comment 2: In the first part of the comment, the commenter states
that the TSD for Tennessee Gas Pipeline Co., LLC, Marienville STA 307
is confusing and appears to be missing information for Source ID 135.
More specifically, the commenter points to a listing of RACT
requirements within that section that begins with Item #7 rather than
Item #1. The second portion of the comment includes a claim that
PADEP's conclusion was based only on a technical feasibility analysis
and should have included an economic feasibility analysis as well. For
these reasons, the
[[Page 3669]]
commenter asserts that EPA must either reject or repropose the SIP
revision for Source 135.
Response 2: With respect to the first part of the comment, the
commenter correctly identifies that the numbering of the list of RACT
requirements for Source ID 135 (Engine A5C 3500 HP Pipeline Compressor
Engine (Worthington ML-12)) contained in PADEP's Conclusions section of
the TSD is misleading. There is an error in the numbering. It begins
with Item #7 rather than Item #1. However, the information in the
listing is accurate and complete. It summarizes all of the RACT
requirements being imposed on Source ID 135. These RACT requirements
are also included in PADEP's Technical Review Memo of RACT II Proposal
and Plan Approval and the Redacted Plan Approval, which are both part
of the docket for this rule.\5\ The commenter also claims that this
listing is confusing because it is set forth without explanation or
description. However, the commenter is incorrect on this point. PADEP's
Conclusions section of the TSD specifically begins: ``In accordance
with 25 Pa. Code 129.99, PADEP has determined RACT for the following
source as follows, based on the technical feasibility analysis
performed:'' It then contains a narrative description of the RACT I and
II requirements for Source 135 followed by the listing in question.
While the misnumbering in the listing of RACT II requirements may have
been somewhat confusing, EPA considers it an inadvertent error. As the
information in the TSD and the docket was complete and accurate, EPA
believes the information about PADEP's RACT II determination for Source
ID 135 was available for review by the public and that there is no need
to repropose the SIP revision for Tennessee Gas Pipeline Co., LLC,
Marienville STA 307 (Marienville STA 307).
---------------------------------------------------------------------------
\5\ See Final CBC RACT Submittal Letter 1, which is part of the
docket of this rule.
---------------------------------------------------------------------------
With respect to the second part of the comment, EPA continues to
find that PADEP's CbC RACT determination for Source ID 135 is
reasonable given the results of its feasibility analysis. Through the
CbC analysis, PADEP identified two potential control technologies for
use at this source. Selective catalytic reduction (SCR) was determined
to be technically infeasible. However, the second technology, low
emission combustion (LEC), was found to be technically feasible. The
commenter is correct in identifying that PADEP did not conduct an
economic feasibility analysis of this technology. Normally, an economic
feasibility analysis would be required at this stage, but it was not
required under the circumstances for this source. Because the company
decided to install the LEC technology and PADEP imposed it as a RACT
requirement, there was no need to conduct a separate analysis on
economic feasibility. For these reasons, PADEP's SIP revision for
Source 135 (at Marienville STA 307) meets RACT requirements and is
approvable.
Comment 3: The commenter states that EPA should not approve any of
these permits because commenter claims that the RACT CbC determinations
are not achieving any real reductions from these sources. The commenter
estimates that only two of the 14 sources in this rule required either
emission reductions and/or the installation of new control
technologies. The commenter requests that EPA take another look at the
sources to determine whether existing controls could be tightened or
new controls be installed.
Response 3: As described in the proposed rulemaking, Pennsylvania
was required through implementation of the 1997 and 2008 8-hour ozone
NAAQS to determine RACT II requirements for major NO<INF>X</INF> and
VOC emitting sources within the Commonwealth. PADEP had previously
established CbC RACT requirements under the 1979 1-hour ozone NAAQS
(RACT).\6\ PADEP finalized its overall RACT II program, and it was
conditionally approved by EPA.\7\ As required by Pennsylvania's RACT II
regulations, PADEP conducted, for sources seeking a CbC determination,
an analysis examining what air pollution controls were available for
those individual sources to determine the lowest emissions limit that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technologically and
economic feasibility.\8\
---------------------------------------------------------------------------
\6\ 40 CFR 52.2020(d)(1).
\7\ 84 FR 20274 (May 9, 2019).
\8\ See December 9, 1976 memorandum from Roger Strelow,
Assistant Administrator for Air and Waste Management, to Regional
Administrators, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas,'' and 44 FR 53762 (September
17, 1979).
---------------------------------------------------------------------------
As described in its technical review memoranda and related
documents, which are part of the docket for this rule, PADEP evaluated
the technical and/or economic feasibility of various control equipment
for the individual sources at the facilities included in this rule and
used these evaluations to determine the RACT II requirements. These
determinations may or may not have resulted in additional emission
reductions and/or installation of new control technologies depending on
the outcome of the analyses, which were based on the specific nature of
each individual source. For facilities subject to RACT I, PADEP also
considered the prior RACT I requirements as appropriate to ensure that
the RACT II requirements were as stringent as any previously
established standards. In circumstances where the RACT I requirements
were more stringent, they were retained and remain effective.
EPA recognizes that PADEP's CbC determinations at times resulted in
only a continuation of RACT I requirements, but these determinations
were made after a thorough review of the available control technology
as demonstrated by the detailed record, which is part of the docket for
this rule, submitted by PADEP to support its SIP revisions. The
commenter's estimate of how often PADEP reduced an emission limit or
required the installation of new technology is also misleading. Even
when PADEP's CbC determination did not result in a more stringent
emission limit or a new technology, PADEP sometimes imposed other
measures that should lead to reduced emissions (e.g., more specific
operating requirements at the melt shops at IPSCO Koppel Tubular
Corporation and the revised VOC control system for the spray booths at
the York Group, Inc).\9\ EPA continues to conclude that PADEP's CbC
determinations reasonably evaluated the technical and economic
feasibility of potential controls for the sources included in this rule
as required by the RACT II requirements and are approvable.
---------------------------------------------------------------------------
\9\ See Chapters 7 and 9 of EPA's Technical Support Document,
dated June 2, 2021, which is part of the docket for this rule.
---------------------------------------------------------------------------
IV. Final Action
EPA is approving case-by-case RACT determinations and/or
alternative NO<INF>X</INF> emissions limits for 14 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
[[Page 3670]]
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:
<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 28, 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 14 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 ``Consol Pennsylvania Coal Company--Bailey Prep
Plant''; ``Latrobe Steel Company--Latrobe''; ``(Allegheny Ludlum
Corporation) Jessop Steel Company--Washington Plant''; ``Koppel Steel
Corporation--Koppel Plant''; ``Three Rivers Aluminum Company (TRACO)'';
``GenCorp (Plastic Films Division)--Jeannette Plant''; ``Koppel Steel
Corporation--Ambridge Plant''; ``Allegheny Ludlum Steel Corporation'';
``Mack Trucks, Inc''; ``Tennessee Gas Pipeline Company--Howe
Township''; ``York Group, Inc''; and ``Dart Container Corporation''.
0
b. Adding the following entries at the end of the table: ``CONSOL PA
Coal CO LLC Bailey Prep Plt (formerly referenced as Consol Pennsylvania
Coal Company--Bailey Prep Plant)''; ``Latrobe Specialty Metals--A
Carpenter Co (formerly referenced as Latrobe Steel Company--Latrobe)'';
``Jessop Steel LLC--Washington Plant [formerly referenced as (Allegheny
Ludlum Corporation) Jessop Steel Company--Washington Plant]''; ``IPSCO
Koppel Tubulars LLC--Koppel Plt (formerly referenced as Koppel Steel
Corporation--Koppel Plant)''; ``Kawneer Commercial Windows LLC--
Cranberry Twp [formerly referenced as Three Rivers Aluminum Company
(TRACO)]''; ``Omnova Solutions Inc--Jeannette Plant [formerly
referenced as GenCorp (Plastic Films Division)--Jeannette Plant]'';
``IPSCO Koppel Tubulars LLC--Ambridge (formerly referenced as Koppel
Steel Corporation--Ambridge Plant)''; ``ATI Flat Rolled Products
Holdings LLC--Vandergrift (formerly
[[Page 3671]]
referenced as Allegheny Ludlum Steel Corporation)''; ``Mack Trucks,
Inc.--Macungie (formerly referenced as Mack Trucks Inc.)''; ``Tennessee
Gas Pipeline Co., LLC, Marienville STA 307 (formerly referenced as
Tennessee Gas Pipeline Company--Howe Township)''; ``York Group Inc.--
Black Bridge Rd''; ``Dart Container Corporation--Leola''; ``Dart
Container Corporation--East Lampeter''; and ``MarkWest Liberty
Bluestone Plant''.
The revisions and additions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. County effective EPA approval date Additional explanations/Sec. Sec.
date 52.2063 and 52.2064 citations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Consol Pennsylvania Coal Company-- OP-30-000-072....... Greene.............. 3/23/1999 08/6/01, 66 FR 40891 See also 52.2064(h)(1).
Bailey Prep Plant.
* * * * * * *
Latrobe Steel Company--Latrobe... OP-65-000-016....... Westmoreland........ 12/22/1995 10/16/01, 66 FR See also 52.2064(h)(2).
52517.
* * * * * * *
(Allegheny Ludlum Corporation) (OP)63-000-027...... Washington.......... 3/26/1999 10/16/01, 66 FR See also 52.2064(h)(3).
Jessop Steel Company--Washington 52522.
Plant.
Koppel Steel Corporation--Koppel (OP)04-000-059...... Beaver.............. 3/23/2001 10/16/01, 66 FR See also 52.2064(h)(4).
Plant. 52522.
* * * * * * *
Three Rivers Aluminum Company OP-10-267........... Butler.............. 3/1/2001 10/17/01, 66 FR See also 52.2064(h)(5).
(TRACO). 52695.
* * * * * * *
GenCorp (Plastic Films Division)-- (OP)65-000-207...... Westmoreland........ 1/4/1996 10/15/01, 66 FR See also 52.2064(h)(6).
Jeannette Plant. 52322.
* * * * * * *
Koppel Steel Corporation-- OP-04-000-227....... Beaver.............. 10/12/2000 10/15/01, 66 FR See also 52.2064(h)(7).
Ambridge Plant. 52317.
* * * * * * *
Allegheny Ludlum Steel (OP-)65-000-137..... Westmoreland........ 5/17/1999 10/19/01, 66 FR See also 52.2064(h)(8).
Corporation. 53090.
* * * * * * *
Mack Trucks, Inc................. OP-39-0004.......... Northampton......... 5/31/1995 10/17/03, 68 FR See also 52.2064(h)(9).
59741.
* * * * * * *
Tennessee Gas Pipeline Company-- OP-27-015........... Forest.............. 7/27/2000 3/30/05, 70 FR 16118 See also 52.2064(h)(10).
Howe Township.
* * * * * * *
York Group, Inc.................. OP-67-2014.......... York................ 7/3/1995 3/31/05, 70 FR 16416 See also 52.2064(h)(11).
* * * * * * *
Dart Container Corporation....... OP-36-2015.......... Lancaster........... 8/31/1995 6/8/07, 72 FR 31749. See also 52.2064(h)(12).
* * * * * * *
CONSOL PA Coal CO LLC Bailey Prep 30-00072L........... Greene.............. 3/12/2020 1/25/2022, [insert 52.2064(h)(1).
Plt (formerly referenced as Federal Register
Consol Pennsylvania Coal citation].
Company--Bailey Prep Plant).
Latrobe Specialty Metals--A 65-00016............ Westmoreland........ 02/26/2020 1/25/2022, [insert 52.2064(h)(2).
Carpenter Co (formerly Federal Register
referenced as Latrobe Steel citation].
Company--Latrobe).
Jessop Steel LLC--Washington 63-00027............ Westmoreland........ 03/11/2020 1/25/2022, [insert 52.2064(h)(3).
Plant [formerly referenced as Federal Register
(Allegheny Ludlum Corporation) citation].
Jessop Steel Company--Washington
Plant].
[[Page 3672]]
IPSCO Koppel Tubulars LLC--Koppel 04-00059............ Beaver.............. 3/16/2020 1/25/2022, [insert 52.2064(h)(4).
Plt (formerly referenced as Federal Register
Koppel Steel Corporation--Koppel citation].
Plant).
Kawneer Commercial Windows LLC-- 10-00267............ Butler.............. 3/04/2020 1/25/2022, [insert 52.2064(h)(5).
Cranberry Twp [formerly Federal Register
referenced as Three Rivers citation].
Aluminum Company (TRACO)].
Omnova Solutions Inc--Jeannette 65-00207............ Westmoreland........ 2/06/2020 1/25/2022, [insert 52.2064(h)(6).
Plant [formerly referenced as Federal Register
GenCorp (Plastic Films citation].
Division)--Jeannette Plant].
IPSCO Koppel Tubulars LLC-- 04-00227............ Beaver.............. 3/26/2020 1/25/2022, [insert 52.2064(h)(7).
Ambridge (formerly referenced as Federal Register
Koppel Steel Corporation-- citation].
Ambridge Plant).
ATI Flat Rolled Products Holdings 65-00137............ Westmoreland........ 3/11/2020 1/25/2022, [insert 52.2064(h)(8).
LLC--Vandergrift (formerly Federal Register
referenced as Allegheny Ludlum citation].
Steel Corporation).
Mack Trucks, Inc.--Macungie 39-00004............ Lehigh.............. 4/03/2020 1/25/2022, [insert 52.2064(h)(9).
(formerly referenced as Mack Federal Register
Trucks Inc.). citation].
Tennessee Gas Pipeline Co., LLC, 27-015A............. Forest.............. 12/07/2018 1/25/2022, [insert 52.2064(h)(10).
Marienville STA 307 (formerly Federal Register
referenced as Tennessee Gas citation].
Pipeline Company--Howe Township).
York Group Inc.--Black Bridge Rd. 67-05014C........... York................ 3/04/2020 1/25/2022, [insert 52.2064(h)(11).
Federal Register
citation].
Dart Container Corporation--Leola 36-05015............ Lancaster........... 3/30/2020 1/25/2022, [insert 52.2064(h)(12).
Federal Register
citation].
Dart Container Corporation--East 36-05117............ Lancaster........... 10/15/2020 1/25/2022, [insert 52.2064(h)(13).
Lampeter. Federal Register
citation].
MarkWest Liberty Bluestone Plant. 10-00368............ Butler.............. 2/20/2020 1/25/2022, [insert 52.2064(h)(14).
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 (h) 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).
* * * * *
(h) 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 (h) are incorporated as specified. (Rulemaking
Docket No. EPA-R03-OAR-2021-0217.)
(1) CONSOL PA Coal CO LLC Bailey Prep Plt--Incorporating by
reference Permit No. PA-30-00072L, issued March 12, 2020, as redacted
by Pennsylvania, which supersedes the prior RACT permit OP-30-000-072,
issued March 23, 1999. See also Sec. 52.2063(c)(149)(i)(B)(8) for
prior RACT approval.
(2) Latrobe Specialty Metals--A Carpenter Co--Incorporating by
reference Permit No. 65-00016, issued February 26, 2020, as redacted by
Pennsylvania, which supersedes the prior RACT Permit No. 65-000-016,
issued December 22, 1995. See also Sec. 52.2063(c)(158)(i)(B) for
prior RACT approval.
(3) Jessop Steel LLC--Washington Plant--Incorporating by reference
Permit 63-00027 issued on March 11, 2020, as redacted by Pennsylvania.
All permit conditions in the prior RACT Permit No. 63-00027, effective
October 31, 2001, remain as RACT requirements except for conditions 5
and 6, which are being superseded. See also Sec.
52.2063(c)(163)(i)(B)(3) for prior RACT approval.
(4) IPSCO Koppel Tubulars LLC--Koppel Plt--Incorporating by
reference Permit No. 04-00059, issued March 16, 2020, as redacted by
Pennsylvania, which supersedes the prior RACT permit no. 04-000-059,
issued March 23, 2001. See also Sec. 52.2063(c)(163)(i)(D) for prior
RACT approval.
(5) Kawneer Commercial Windows LLC--Cranberry Twp--Incorporating by
reference Permit #10-00267 issued on September 14, 2015, as amended on
March 4, 2020. The RACT I requirements contained in TRACO Operating
Permit No. 10-267, issued on March 1, 2001, remain in effect. See also
Sec. 52.2063(c)(170)(i)(B)(7) for prior RACT approval.
(6) Omnova Solutions Inc--Jeannette Plant--Incorporating by
reference
[[Page 3673]]
Permit No. OP-65-000-207, issued February 6, 2020, as redacted by
Pennsylvania. All permit requirements of the prior RACT Permit No. OP-
65-000-207, effective January 4, 1996, remain as RACT requirements
except for conditions 5, 6, 7 (mislabeled as condition 5) 8 (mislabeled
as condition 6), and 9 (mislabeled as condition 7), which are being
superseded. See also Sec. 52.2063(c)(171)(i)(B) for prior RACT
approval.
(7) IPSCO Koppel Tubulars LLC--Ambridge Incorporating by reference
Permit No. 04-00227, issued March 26, 2020, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. PA 04-
000-227 issued on October 12, 2000, remain as RACT requirements. See
also Sec. 52.2063(c)(180)(i)(B) for prior RACT approval.
(8) ATI Flat Rolled Products Holdings LLC--Vandergrift--
Incorporating by reference Permit No. 65-00137, issued March 11, 2020,
as redacted by Pennsylvania. All permit conditions in the prior RACT
Permit No. PA 65-000-137 issued on May 17, 1999, remain as RACT
requirements. See also Sec. 52.2063(c)(186)(i)(B)(1) for prior RACT
approval.
(9) Mack Truck--Macungie Title V Operating permit no. 0039-00004,
issued December 30, 2015, as amended April 3, 2020, which supersedes
Operating Permit No. 39-0004, issued on May 31, 1995, except for
Conditions (4), (7) (C)2 through 9, (7) (E)4 through 9, and (8)(a). See
also Sec. 52.2063(c)(207)(i)(B)(1) for prior RACT approval.
(10) Tennessee Gas Pipeline Co., LLC, Marienville STA 307--
Incorporating by reference Permit No. 27-015A, issued December 7, 2018,
as redacted by Pennsylvania. All permit conditions in the prior RACT
Permit No. PA 27-015 issued on July 27, 2000, are superseded by RACT II
requirements except for Source ID 136. For Source ID 136, the
presumptive RACT II limit is less stringent than the RACT I limit;
therefore, the RACT I limit has been retained for Source ID 136. See
also Sec. 52.2020(d)(1) for prior RACT approval.
(11) York Group Inc.--Black Bridge Rd.--Incorporating by reference
Permit No. 67-05014C, issued March 4, 2020, as redacted by
Pennsylvania, which supersedes the prior RACT permit no. 67-2014,
issued July 5, 1995, See also Sec. 52.2020(d)(1) for prior RACT
approval.
(12) Dart Container Corporation--Leola--Incorporating by reference
Permit No. 36-05015, issued March 30, 2020,as redacted by Pennsylvania.
Requirements of the prior RACT Permit No. OP-36-2015, effective August
31, 1995, remain as RACT requirements except for permit condition 7 for
the flexographic presses, which are no longer in operation. See also
Sec. 52.2020(d)(1) for prior RACT approval.
(13) Dart Container Corporation--East Lampeter--Incorporating by
reference Permit No. 36-05117, effective March 3, 2020, as redacted by
Pennsylvania.
(14) MarkWest Liberty Bluestone- Incorporating by reference Permit
No. 10-00368, issued February 20, 2020, as redacted by Pennsylvania.
[FR Doc. 2021-27232 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 25, 2022.
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.