Rule2022-20108
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for PPG Industries Springdale Plant's Case-by-Case Sources Under the 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 21, 2022
Effective
October 21, 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. This revision was submitted by the Pennsylvania Department of Environmental Protection (PADEP), on behalf of the Allegheny County Health Department (ACHD), to establish and require reasonably available control technology (RACT) for sources at PPG Industries Springdale Plant (PPG Springdale), a major source of volatile organic compounds (VOC), pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this action, EPA is approving source-specific RACT determinations (case-by-case or CbC) submitted by PADEP for certain VOC sources at PPG Springdale, a facility in Allegheny County. This RACT evaluation was submitted to meet RACT requirements for the 2008 8-hour ozone national ambient air quality standard (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 182 (Wednesday, September 21, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57609-57612]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20108]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0575; FRL-10205-02-R3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Reasonably Available Control Technology Determinations
for PPG Industries Springdale Plant's Case-by-Case Sources Under the
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. This revision was submitted by the Pennsylvania
Department of Environmental Protection (PADEP), on behalf of the
Allegheny County Health Department (ACHD), to establish and require
reasonably available control technology (RACT) for sources at PPG
Industries Springdale Plant (PPG Springdale), a major source of
volatile organic compounds (VOC), pursuant to the Commonwealth of
Pennsylvania's conditionally approved RACT regulations. In this action,
EPA is approving source-specific RACT determinations (case-by-case or
CbC) submitted by PADEP for certain VOC sources at PPG Springdale, a
facility in Allegheny County. This RACT evaluation was submitted to
meet RACT requirements for the 2008 8-hour ozone national ambient air
quality standard (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 21, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0575. 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="http://www.regulations.gov">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 and 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#6d0f181f0a081f431f040108142d081d0c430a021b"><span class="__cf_email__" data-cfemail="b8dacdcadfddca96cad1d4ddc1f8ddc8d996dfd7ce">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On May 7, 2021, EPA published a notice of proposed rulemaking
(NPRM). 86 FR 24564. In the NPRM, EPA proposed approval of case-by-case
RACT determinations for sources at ten facilities in Allegheny County,
as EPA found that that the RACT controls for these sources met the CAA
RACT requirements for the 2008 8-hour ozone NAAQS. On October 21, 2021,
EPA approved case-by-case RACT determinations for sources at nine of
these major NO<INF>X</INF> and VOC emitting facilities in Allegheny
County and noted that EPA was not taking final action on PPG Springdale
at that time. 86 FR 58220. This rule takes final action on the case-by-
case RACT determination for sources at the one remaining facility
included in the May 7, 2021 NPRM, PPG Springdale. PADEP, on behalf of
ACHD, initially submitted the revisions to its SIP to address case-by-
case VOC RACT sources at PPG Springdale on May 7, 2020.
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 Pa. 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 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
[[Page 57610]]
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.\1\ 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.
---------------------------------------------------------------------------
\1\ 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.\2\ 84
FR 20274. In EPA's final conditional approval, EPA established
conditions requiring PADEP 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 submitted to EPA for approval
the various SIP submissions to implement its RACT II case-by-case
determinations and alternative NO<INF>X</INF> emissions limits. This
rule takes final action on a SIP revision for VOC sources at PPG
Springdale, based on EPA's review.
---------------------------------------------------------------------------
\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).
PPG Springdale is not subject to the presumptive RACT II provisions
at issue in that Sierra Club decision.
---------------------------------------------------------------------------
The SIP revision in this action only establishes 2008 8-hour ozone
NAAQS RACT requirements. Applicable RACT requirements under the CAA for
sources located in Allegheny County for the 1997 8-hour ozone NAAQS
were previously satisfied. See 78 FR 34584 (June 10, 2013).
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> or 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. Among the submitted SIP revisions were case-by-case
RACT determinations for sources in Allegheny County, which PADEP
submitted on behalf of ACHD. PADEP's submission included a SIP revision
pertaining to case-by-case RACT determinations for the existing VOC
emissions units at PPG Springdale that required a case-by-case RACT
determination.
In the case-by-case RACT determinations for PPG Springdale
submitted by PADEP on behalf of ACHD, an evaluation was completed to
determine if previously SIP-approved, case-by-case RACT emission 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 previously SIP-approved RACT I
requirements are more stringent, such RACT I requirements 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 supersede the prior RACT I requirements.\3\
---------------------------------------------------------------------------
\3\ While the prior SIP-approved RACT I permit for PPG
Springdale 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.
---------------------------------------------------------------------------
Here, EPA is approving a SIP revision pertaining to case-by-case
RACT requirements for certain VOC sources at PPG Springdale. PPG is a
major source of VOC and was subject to RACT I under the name PPG
Industries, Inc.--Springdale. The case-by-case RACT determinations
submitted by PADEP, on behalf of ACHD, 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, or revised emissions limits or
control measures to existing SIP-approved RACT I requirements were
specified as requirements in a revised federally enforceable permit
(hereafter RACT II permit) issued by ACHD to PPG Springdale. 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 PPG Industries
Springdale Plant (formerly PPG Industries, Inc.--Springdale) is permit
number 0057-OP18a, effective February 28, 2020, and is part of the
docket for this rulemaking, which is available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket No. EPA-R03-OAR-2020-0575.\4\ For certain
VOC sources at PPG Springdale, 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 2008 8-hour ozone
NAAQS.
---------------------------------------------------------------------------
\4\ 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 ACHD of
source-specific RACT II controls for individual VOC emission units at
PPG Springdale, 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 on behalf of
ACHD, in its SIP revision submittals for sources at PPG Springdale, EPA
found that: (1) ACHD'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) ACHD's determinations are consistent with
the CAA, EPA regulations, and applicable EPA guidance.
ACHD, 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. EPA found
that all the proposed revisions to previously SIP-approved RACT I
requirements would
[[Page 57611]]
result in equivalent or additional reductions of VOC emissions.
Consistent with section 110(l) of the CAA, the revisions for this major
VOC source will not result in additional VOC emissions and thus should
not interfere with any applicable requirement concerning attainment.
Other specific requirements of the 2008 8-hour ozone NAAQS case-by-
case RACT determinations for PPG Springdale 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 one comment relevant to PPG Springdale on the May 7,
2021 NPRM. 86 FR 24564. A summary of the comment and EPA's response are
discussed in this section. A copy of the comment can be found in the
docket for this rule action.
Comment 1: The comment requests that EPA not take final action on
the revisions pertaining to PPG Springdale as certain RACT requirements
are involved in the appeal of the facility's permit before ACHD's
hearing officer. The comment requests EPA delay action until the appeal
is adjudicated or resolved, and any modifications to the permit are
finalized.
Response 1: Under Clean Air Act Section 110(k), EPA has a statutory
responsibility to act on plan revisions submitted by states by
specified deadlines. EPA's failure to act within those deadlines can
subject EPA to a lawsuit for our failure to timely execute a mandatory
statutory duty. There is no provision in the Clean Air Act to toll the
statutory deadline pending the outcome of state proceedings, or for any
other reason. As long as the SIP revision is pending before EPA, our
statutory obligation to approve or disapprove that revision in whole or
part remains. Pennsylvania could formally withdraw the SIP revision
from EPA's consideration but has not done so. EPA therefore remains
under a statutory duty under section 110(k) of the Act to approve or
disapprove this SIP revision in whole or part. EPA has determined that
it will complete its statutory duty as proposed to approve this SIP
revision with respect to PPG Springdale. If the outcome of the appeal
process affects the RACT determination, Pennsylvania can then submit
any proposed SIP revision with supporting documentation for the changes
to EPA for review and appropriate agency action. At this time EPA is
finalizing these case-by-case RACT determinations for PPG Springdale.
IV. Final Action
EPA is approving case-by-case RACT determinations for certain VOC
sources at PPG Springdale, as required to meet obligations pursuant to
the 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 2008 8-hour ozone NAAQS for one
major VOC-emitting 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.\5\
---------------------------------------------------------------------------
\5\ 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.
[[Page 57612]]
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 NO<INF>X</INF> and VOC RACT
requirements for one facility for the 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 ``PPG Industries, Inc.--Springdale''; and
0
b. Adding an entry at the end of the table for ``PPG Industries
Springdale Plant (formerly referenced as PPG Industries, Inc.--
Springdale)''.
The revision and addition read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(d) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional
State explanations/Sec.
Name of source Permit No. County effective EPA approval date Sec. 52.2063 and
date 52.2064 citations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
PPG Industries, Inc.--Springdale.... CO-254.................. Allegheny.............. 12/19/96 10/12/01, 66 FR 52050.. See also
52.2064(l)(1).
* * * * * * *
PPG Industries Springdale Plant 0057-OP18a.............. Allegheny.............. 2/28/2020 9/21/2022 [INSERT 52.2064(l)(1).
(formerly referenced as PPG FEDERAL REGISTER
Industries, Inc.--Springdale). 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 (l) 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).
* * * * *
(l) Approval of source-specific RACT requirements for 2008 8-hour
ozone national ambient air quality standard for PPG Springdale is
incorporated as specified. (Rulemaking Docket No. EPA-OAR-2020-0575.)
(1) PPG Industries Springdale Plant--Incorporating by reference
Permit No. 0057-OP18a, effective February 28, 2020, as redacted by
ACHD, which supersedes Consent Order 254, issued December 19, 1996,
except for Conditions 1.13 through 1.22, which remain as RACT
requirements. See also Sec. 52.2063(c)(165)(i)(B)(2), for prior RACT
approval.
(2) [Reserved]
[FR Doc. 2022-20108 Filed 9-20-22; 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 21, 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.