Rule2022-20107
Approval and Promulgation of Air Quality Plans; Pennsylvania; Reasonably Available Control Technology (RACT) Determinations for Hydro Carbide Tool Company's 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
September 20, 2022
Effective
October 20, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision was submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for sources at Hydro Carbide Tool Company (Hydro Carbide), a major source of volatile organic compounds (VOC), pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rule action, EPA is approving source-specific RACT determinations (also referred to as case-by-case or CbC) submitted by PADEP for certain VOC sources at Hydro Carbide, a facility in Westmoreland County. The RACT evaluation was submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA's implementing regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 181 (Tuesday, September 20, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57400-57403]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20107]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0284; FRL-9698-02-R3]
Approval and Promulgation of Air Quality Plans; Pennsylvania;
Reasonably Available Control Technology (RACT) Determinations for Hydro
Carbide Tool Company's 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 a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision was submitted by the Pennsylvania Department
of Environmental Protection (PADEP) to establish and require reasonably
available control technology (RACT) for sources at Hydro Carbide Tool
Company (Hydro Carbide), a major source of volatile organic compounds
(VOC), pursuant to the Commonwealth of Pennsylvania's conditionally
approved RACT regulations. In this rule action, EPA is approving
source-specific RACT determinations (also referred to as case-by-case
or CbC) submitted by PADEP for certain VOC sources at Hydro Carbide, a
facility in Westmoreland County. The RACT evaluation was submitted to
meet RACT requirements for the 1997 and 2008 8-hour ozone national
ambient air quality standards (NAAQS). EPA is approving this revision
to the Pennsylvania SIP in accordance with the requirements of the
Clean Air Act (CAA) and EPA's implementing regulations.
DATES: This final rule is effective on October 20, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0284. All documents in the docket are listed on
the <a href="http://www.regulations.gov">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
[[Page 57401]]
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, Four Penn Center, 1600 John F. Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2217. Mr. Burger can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#adcfd8dfcac8df83dfc4c1c8d4edc8ddcc83cac2db"><span class="__cf_email__" data-cfemail="781a0d0a1f1d0a560a11141d01381d0819561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 6, 2022, EPA published a notice of proposed rulemaking
(NPRM). 87 FR 19824. In the NPRM, EPA proposed approval of case-by-case
VOC RACT determinations for emission units at Hydro Carbide,\1\ as EPA
found that the RACT controls for these sources met the CAA RACT
requirements for the 1997 and 2008 8-hour ozone NAAQS. The case-by-case
RACT determinations for sources at these facilities were included in
PADEP's May 7, 2020 SIP submission.
---------------------------------------------------------------------------
\1\ Within the material submitted by PADEP, this company is
sometimes referred to as Hydro Carbide Inc.
---------------------------------------------------------------------------
As more fully explained in the NPRM, under certain circumstances,
states are required to submit SIP revisions to address RACT
requirements for both major sources of nitrogen oxides (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. NO<INF>X</INF> sources in Pennsylvania located in any
ozone attainment areas or in any nonattainment areas designated
moderate or below are subject to a major source threshold of 100 tons
per year (tpy) because of the Ozone Transport Region (OTR) requirements
in CAA section 182(f)(1). See definition of ``Major NO<INF>X</INF>
emitting facility'' at 25 Pennsylvania Code 121.1 and 40 CFR
52.2020(c)(1). Similarly, VOC sources located in any ozone attainment
areas or in any nonattainment areas designated serious or below are
subject to a major source threshold of 50 tpy because of the OTR
requirements in CAA section 184(b)(2). See definition of ``Major VOC
emitting facility'' at 25 Pa. Code 121.1 and 40 CFR 52.2020(c)(1).
On May 16, 2016, PADEP submitted a SIP revision addressing RACT for
both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEP's May
16, 2016 SIP revision intended to address certain outstanding non-CTG
VOC RACT, VOC CTG RACT, and major source VOC and 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 implemented as RACT.\2\ On
September 26, 2017, PADEP submitted a supplemental SIP revision
including a letter, dated September 22, 2017, which committed to
address various deficiencies identified by EPA in PADEP's original May
16, 2016 ``presumptive'' RACT II rule SIP revision.
---------------------------------------------------------------------------
\2\ The EPA granted conditional limited approval of
Pennsylvania's case-by-case RACT I rule on March 23, 1998 pending
Pennsylvania's submission of and EPA's determination on proposals
for facilities subject to case-by-case (source-specific) RACT
requirements. 63 FR 13789. On May 3, 2001, EPA removed the
conditional status of its 1998 approval once the state certified
that it had submitted case-by-case RACT I proposals for sources
subject to the RACT requirements but retained the limited nature of
the approval. 66 FR 22123. EPA granted full approval on October 22,
2008 once it approved all case-by-case RACT I proposals submitted by
Pennsylvania. 73 FR 62891. Through this RACT II rule, certain
source-specific RACT I requirements will be superseded by more
stringent requirements. See Section II of the preamble to this final
rule.
---------------------------------------------------------------------------
On May 9, 2019, EPA conditionally approved the RACT II rule based
on the commitments PADEP made in its September 22, 2017 letter.\3\ 84
FR 20274. In EPA's final conditional approval, EPA established
conditions requiring PADEP 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 submitted to EPA for approval
the various SIP submissions to implement its RACT II case-by-case
determinations and alternative NO<INF>X</INF> and VOC emissions limits.
This rule takes final action on a SIP revision for VOC sources at Hydro
Carbide, based on EPA's review.
---------------------------------------------------------------------------
\3\ 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 Revisions
To satisfy a requirement from EPA's May 9, 2019 conditional
approval, PADEP submitted to EPA SIP revisions addressing alternative
NO<INF>X</INF> and VOC emissions limits and/or case-by-case RACT
requirements for major sources in Pennsylvania subject to 25 Pa. Code
129.98 or 129.99. PADEP's submission included a SIP revision pertaining
to case-by-case RACT determinations for the existing VOC emissions
units at Hydro Carbide that required a case-by-case RACT
determination.\4\
---------------------------------------------------------------------------
\4\ Hydro Carbide, which currently operates under the major
source threshold via a facility-wide VOC cap, is subject to 25 Pa.
Code 129.99 under the applicability provisions of 25 Pa. Code
129.96, as the facility was a major source in existence on or before
July 20, 2012.
---------------------------------------------------------------------------
In the case-by-case RACT determinations submitted by PADEP, 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 RACT II presumptive or case-by-case requirements new to the SIP. If
more stringent, the RACT I requirements would continue to apply to the
applicable source. If case-by-case RACT II requirements that are new to
the SIP are more stringent than the RACT I requirements, then the RACT
II requirements would supersede the prior RACT I requirements.\5\
---------------------------------------------------------------------------
\5\ Hydro Carbide's prior SIP-approved RACT I permit will remain
part of the SIP, and this RACT II rule will incorporate by reference
the additional RACT II requirements through the RACT II permit.
---------------------------------------------------------------------------
Here, EPA is approving SIP revisions pertaining to case-by-case
RACT requirements for certain VOC sources at Hydro Carbide. Hydro
Carbide is a major source of VOCs and was subject to RACT I under the
name Fansteel Hydro Carbide. 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 determination of what specific emissions
limit or control measures satisfy RACT for that particular unit. The
adoption of additional emissions limits or control measures to existing
SIP-approved RACT I requirements were specified as
[[Page 57402]]
requirements in a revised federally enforceable permit (hereafter RACT
II permit) issued by PADEP to Hydro Carbide. The RACT II permit was
submitted as part of the Pennsylvania RACT SIP revision for EPA's
approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). The RACT
II permit being approved in this action for Hydro Carbide (formerly
Fansteel Hydro Carbide) is permit number 65-00860, effective November
15, 2019, and is part of the docket for this rulemaking, which is
available online at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket No. EPA-R03-OAR-2022-
0284.\6\ For certain VOC sources at Hydro Carbide, EPA is incorporating
by reference in the Pennsylvania SIP the source-specific emissions
limits and control measures in the RACT II permit, and is determining
that these provisions satisfy the RACT requirement under the 1997 and
2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\6\ The RACT II permit included in the docket for this rule is a
redacted version of the facilities' federally enforceable permit. It
reflects the specific RACT requirements being approved into the
Pennsylvania SIP via this final action.
---------------------------------------------------------------------------
B. EPA's Final Action
This CbC RACT SIP revision incorporates determinations by PADEP of
source-specific RACT II controls for individual VOC emission units at
Hydro Carbide, where those units are not covered by or cannot meet
Pennsylvania's presumptive RACT regulation. After thorough review and
evaluation of the information submitted to EPA by PADEP, in its SIP
revision submittals for sources at Hydro Carbide, 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; and (2) PADEP's determinations are consistent with the CAA,
EPA regulations, and applicable EPA guidance.
EPA proposed to find that all the proposed revisions for Hydro
Carbide would result in equivalent or additional reductions of VOC
emissions. Consistent with section 110(l) of the CAA the proposed
revisions will not result in additional VOC emissions and thus should
not interfere with any applicable requirement concerning attainment.
Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations 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
EPA received two sets of comments on the April 6, 2022 NPRM. 87 FR
19824. One set of comments expresses support for this SIP revision, and
thus no response is necessary. The second set of comments raises
general policy considerations not directly relevant to the SIP
revision, does not identify any defects, and does not raise any issues
concerning the SIP revision's consistency with the CAA with sufficient
specificity to determine its relevance to this action. Thus, no
response is necessary. A copy of the comments can be found in the
docket for this rule action.
IV. Final Action
EPA is approving case-by-case RACT determinations for certain VOC
sources at Hydro Carbide, 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 under the 1997 and 2008 8-hour ozone NAAQS
for certain VOC emission sources at one facility in Pennsylvania, as
discussed in Section II. of this preamble. EPA has made, and will
continue to make, these materials generally available through
<a href="http://www.regulations.gov">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.\7\
---------------------------------------------------------------------------
\7\ 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
[[Page 57403]]
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 November 21, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action approving Pennsylvania's VOC RACT requirements for
one facility 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons set out in the preamble, 40 CFR part 52 is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (d)(1) is amended by:
0
a. Revising the entry ``Fansteel Hydro Carbide''; and
0
b. Adding an entry at the end of the table for ``Hydro Carbide Tool
Company (formerly referenced as Fansteel Hydro Carbide)''.
The revision and addition read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Additional explanations/
Name of source Permit No. County effective EPA approval date Sec. Sec. 52.2063
date and 52.2064 citations
-------------------------------------------------------------------------------------------------------------------------------------------\1\----------
* * * * * * *
Fansteel Hydro Carbide................ (OP)65-000-860 Westmoreland.................. 12/12/97 10/17/01, 66 FR 52700... See also 52.2064(k)(1).
* * * * * * *
Hydro Carbide Tool Company (formerly 65-00860 Westmoreland.................. 11/15/19 9/20/22, [INSERT Federal 52.2064(k)(1).
referenced as Fansteel Hydro Carbide). 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 (k) 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).
* * * * *
(k) Approval of source-specific RACT requirements for 1997 and 2008
8-hour ozone national ambient air quality standards for Hydro Carbide
Tool Company is incorporated as specified. (Rulemaking Docket No. EPA-
OAR-2022-0284.)
(1) Hydro Carbide Tool Company--Incorporating by reference Permit
No. 65-00860, effective November 15, 2019, as redacted by Pennsylvania.
All permit conditions in the prior RACT Permit No. OP-65-000-860,
effective December 12, 1997, remain as RACT requirements. See also
Sec. 52.2063(c)(178)(i)(B)(7), for prior RACT approval.
(2) [Reserved]
[FR Doc. 2022-20107 Filed 9-19-22; 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 September 20, 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.