Proposed Rule2024-10370
Air Plan Approval and Disapproval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality Standards (NAAQS)
Primary source
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Published
May 17, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to revise its December 14, 2020 action that fully approved two state implementation plan (SIP) revisions, both submitted to EPA on August 13, 2018 by the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP). Those SIP revisions addressed reasonably available control technology (RACT) requirements for the 2008 ozone national ambient air quality standards (NAAQS), including those related to control technique guidelines (CTGs) for volatile organic compounds (VOC) and the addition of regulations controlling VOC emissions from industrial cleaning solvents. The SIP revisions also included certain clarifying amendments to Pennsylvania code related to major source RACT regulations. Upon reconsideration, EPA is proposing to revise its prior action to partially approve and partially disapprove the August 13, 2018 submittals. Specifically, EPA is proposing approval of certain clarifying amendments as well as a negative declaration submitted by PADEP. EPA is proposing disapproval of the remainder of both SIP submittals related to CTGs and control of VOC emissions from industrial cleaning solvents. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43359-43363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10370]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0562; FRL-11960-01-R3]
Air Plan Approval and Disapproval; Pennsylvania; Reasonably
Available Control Technology (RACT) for Volatile Organic Compounds
(VOC) Under the 2008 Ozone National Ambient Air Quality Standards
(NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
revise its December 14, 2020 action that fully approved two state
implementation plan (SIP) revisions, both submitted to EPA on August
13, 2018 by the Commonwealth of Pennsylvania, through the Pennsylvania
Department of Environmental Protection (PADEP). Those SIP revisions
addressed reasonably available control technology (RACT) requirements
for the 2008 ozone national ambient air quality standards (NAAQS),
including those related to control technique guidelines (CTGs) for
volatile organic compounds (VOC) and the addition of regulations
controlling VOC emissions from industrial cleaning solvents. The SIP
revisions also included certain clarifying amendments to Pennsylvania
code related to major source RACT regulations. Upon reconsideration,
EPA is proposing to revise its prior action to partially approve and
partially disapprove the August 13, 2018 submittals. Specifically, EPA
is proposing approval of certain clarifying amendments as well as a
negative declaration submitted by PADEP. EPA is proposing disapproval
of the remainder of both SIP submittals related to CTGs and control of
VOC emissions from industrial cleaning solvents. This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before June 17, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0562 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#3d5a525251591350585a5c537d584d5c135a524b"><span class="__cf_email__" data-cfemail="24434b4b48400a494143454a644154450a434b52">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFOMRATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5787. Ms. Schmitt can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#314252595c5845451f545d5d545f715441501f565e47"><span class="__cf_email__" data-cfemail="91e2f2f9fcf8e5e5bff4fdfdf4ffd1f4e1f0bff6fee7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 13, 2018, PADEP submitted to EPA
two SIP revisions to satisfy certain RACT requirements for sources of
VOC emissions required by sections 182(b)(2) and 184(b)(l)(B) of the
CAA and the implementing regulations for the 2008 8-hour ozone NAAQS
(80 FR 12264, March 6, 2015; 40 CFR part 51, subpart AA). Additionally,
these two submittals are related to another PADEP SIP submission
addressing RACT for major stationary sources of VOC and oxides of
nitrogen (NO<INF>X</INF>) that was conditionally approved by EPA on May
9, 2019. See section II.B.2 of this proposed rulemaking.
I. Background
A. Ozone NAAQS and RACT Requirements
On July 18, 1997 (62 FR 38856), EPA promulgated a revised standard
for ground level ozone based on 8-hour average concentrations. The 8-
hour averaging period replaced the previous 1-hour averaging period
adopted in 1979, and the level of the NAAQS was changed from 0.12 parts
per million (ppm) to 0.08 ppm. On March 27, 2008 (73 FR 16436), EPA
further strengthened the 8-hour ozone standards from 0.08 ppm to 0.075
ppm (2008 8-hour ozone NAAQS). On October 26, 2015, (80 FR 65292) EPA
adopted another revision to the ozone standard (2015 ozone NAAQS), but
the 2008 ozone standard remains in place. This action concerns RACT
requirements under the 2008 8-hour NAAQS.
The CAA regulates emissions of NO<INF>X</INF> and VOC to prevent
photochemical reactions that result in ozone formation. Section
182(b)(2) of the CAA requires states with ozone nonattainment areas
classified as moderate or higher to submit a SIP revision requiring
implementation of RACT. EPA has consistently defined ``RACT'' as the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility.
The CAA requires RACT revisions for three specific categories of
sources for the ozone NAAQS. First, section 182(b)(2)(A) requires RACT
for each category of VOC sources in the nonattainment area covered by a
CTG document issued by EPA between November 15, 1990 and the date of
attainment.\1\ Second, section 182(b)(2)(B) requires RACT for all VOC
sources in the area covered by any CTG issued before November 15, 1990.
Third, section 182(b)(2)(C) requires RACT for all other major
stationary sources of VOC located in the nonattainment area. In
addition, section 182(f) subjects major stationary sources of
NO<INF>X</INF> to the same RACT requirements applicable to major
stationary sources of VOC.\2\ EPA has not issued any CTGs for
categories of NO<INF>X</INF> sources, so the effect of section 182(f)
is to require that SIPs also require
[[Page 43360]]
RACT for major stationary sources of NO<INF>X</INF> in accordance with
section 182(b)(2)(C). The ozone RACT requirements under section
182(b)(2) are usually referred to as VOC CTG RACT, non-CTG VOC RACT,
and major NO<INF>X</INF> RACT. In addition, section 184(a) of the CAA
established an Ozone Transport Region (OTR) comprised of 12 eastern
states, including all of Pennsylvania. Pursuant to section 184(b), the
RACT requirements of section 182(b)(2) which would be applicable if an
area were classified as a moderate nonattainment area apply to all
areas within the OTR. This requirement is referred to as OTR RACT. OTR
RACT applies throughout the Commonwealth of Pennsylvania.
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\1\ EPA provides states with guidance concerning what types of
controls could constitute RACT for a given source category through
the issuance of CTG and alternative control technique (ACT)
documents.
\2\ A ``major source'' is defined based on the source's
potential to emit NO<INF>X</INF> or VOC, and the applicable ton per
year emission thresholds defining a ``major'' source differ based on
the classification of the nonattainment area in which the source is
located. See sections 182(c)-(f) and 302 of the CAA.
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On March 6, 2015 (80 FR 12264), EPA published a final rule that
outlined the obligations related to required SIP requirements for the
2008 8-hour ozone NAAQS. This rule, herein referred to as the ``2008
ozone implementation rule,'' contained, among other things, a
description of EPA's expectations for states with RACT obligations. The
2008 ozone implementation rule indicated that states could meet RACT
(1) through the establishment of new or more stringent requirements
that meet RACT control levels, (2) a certification that previously
adopted RACT controls in their SIP, under a prior ozone NAAQS,
represent adequate RACT control levels for the 2008 8-hour ozone NAAQS,
or (3) with a combination of these two approaches. In addition, a state
could submit a negative declaration in instances where, for a
particular CTG, there are no sources within the state covered by that
CTG.
In EPA's 2008 ozone implementation rule, the Agency states that
``states should refer to the existing CTGs and ACTs for purposes of
meeting their RACT requirements, as well as all relevant information
(including recent technical information and information received during
the public comment period) that is available at the time that they are
developing their RACT SIPs.'' See 80 FR at 12279, March 6, 2015.
B. Challenge to Approval, Court Proceedings, Voluntary Remand, and
Reconsideration
On December 14, 2020 (85 FR 80616), EPA published a full approval
of PADEP's two August 13, 2018 SIP submittals. The approval was
challenged in the U.S. Court of Appeals for the Third Circuit, and on
September 3, 2021, that court granted EPA's request for remand without
vacatur of the Agency's final full approval.\3\
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\3\ A copy of the court order is located in the docket for this
action. Docket Id. EPA-R03-OAR-2019-0562 in regulations.gov.
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A petitioner filed litigation in the Eastern District of
Pennsylvania on May 16, 2023, arguing EPA had unreasonably delayed in
its reconsideration of the final approval of the August 13, 2018 SIP
submittals. On December 15, 2023, the court filed a consent decree
requiring that EPA complete its reconsideration of the December 14,
2020 final rule by November 15, 2024.\4\
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\4\ A copy of the court order is located in the docket for this
action. Docket Id. EPA-R03-OAR-2019-0562 in regulations.gov.
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EPA has reconsidered that final full approval and EPA is proposing
that it was incorrect to fully approve the August 13, 2018 submittals.
Now, EPA is proposing to revise its action to a partial approval and
partial disapproval that will disapprove parts of the August 13, 2018
submittals, while leaving intact our prior approval of other sections.
The particulars are explained in sections II.A and II.B of this
document. See, CAA section 110(k)(6). Specifically, EPA is proposing to
approve certain clarifying amendments to major source RACT regulations
contained in the submittals, as well as a negative declaration for CTG
RACT purposes. EPA is proposing to disapprove the remainder of both
August 13, 2018 SIP submittals, including those related to CTGs and
control of VOC emissions from industrial cleaning solvents.\5\
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\5\ Including: a certification by PADEP that its existing state
regulations for sources covered by certain CTGs is RACT for the 2008
8-hour ozone NAAQS; a request that Pennsylvania's incorporation by
reference of all Federal NSPS at 25 Pa. Code Chapter 122 be approved
into the SIP; and requested the approval into the SIP of source-
specific permit conditions for sources subject to the ``CTG for
Shipbuilding and Ship Repair Operations Surface Coating'' (61 FR
44050, August 27, 1996) and ``Control of Volatile Organic Compounds
Emissions from Air Oxidation Processes in the Synthetic Organic
Chemical Manufacturing Industry,'' EPA-450/3-84-015, December 1984.
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If EPA finalizes the disapproval proposed here, that action would
commence a sanctions clock under CAA section 179, providing for
emission offset sanctions for new or modified sources within the
Commonwealth if EPA has not fully approved a revised plan within 18
months after final disapproval, and providing for highway funding
sanctions in affected nonattainment areas \6\ if EPA has not fully
approved a revised plan within six months after the imposition of
offset sanctions. The sanctions clock can be stopped only if the
conditions of EPA's regulations at 40 CFR 52.31 are met. Pursuant to
CAA section 110(c)(1)(B), a final disapproval would also initiate an
obligation for EPA to promulgate a Federal implementation plan (FIP)
within 24 months unless PADEP has submitted, and EPA has approved, a
plan addressing the applicable RACT requirements.
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\6\ For the OTR states, such highway sanctions would only apply
in nonattainment areas. If the OTR state does not contain any
nonattainment areas, then the highway sanctions would not apply in
that state.
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II. Summary of SIP Revision and EPA Analysis
A. Pennsylvania's RACT Certification of CTGs Under the 2008 8-Hour
Ozone NAAQS and Request To Incorporate Standards of Performance for New
Stationary Sources Into the SIP
The first August 13, 2018 SIP submittal is entitled ``Certification
of Reasonably Available Control Technology for Control Techniques
Guidelines Under the 2008 Ozone National Ambient Air Quality Standards
and Incorporation of 25 Pa Code Chapter 122 (Relating to National
Standards of Performance for New Stationary Sources) into the
Commonwealth's State Implementation Plan.'' PADEP submitted this SIP
revision for the purposes of meeting the RACT requirements under CAA
sections 182(b)(2) and 184(b)(1)(B) and implementing the regulations
for the 2008 8-hour ozone NAAQS. Specifically, this submittal: (1)
certifies that PADEP's adoption and implementation of regulations to
control VOC emissions is consistent with EPA's CTGs and represents RACT
for these covered CTG sources for the 2008 ozone standard; (2)
incorporates 25 Pa. Code Chapter 122 (relating to national standards of
performance for new stationary sources) into the Pennsylvania SIP and
certifies that those provisions continue to represent RACT for
facilities subject to such standards of performance; and (3)
incorporates specific permit conditions from certain facilities for the
purpose of establishing source-specific RACT-level controls for those
facilities.
1. CTG Certifications
As noted in section I.A. of this preamble, if an area had been
designated as a nonattainment area for the 1979 and 1997 ozone
standards, and adopted RACT level controls, the state could review
those controls to determine if they still represent RACT for the 2008
8-hour ozone NAAQS. PADEP determined that various regulations
consistent with each CTG continues to represent RACT for the 2008 8-
hour ozone NAAQS. PADEP
[[Page 43361]]
based this certification on the following: (1) certification that
Pennsylvania's regulations meet the CAA RACT requirements, are based on
the most currently available technically and economically feasible
controls, and represent RACT for implementation purposes pertaining to
the 2008 8-hour ozone NAAQS; (2) certification that PADEP has adopted
and implemented SIP-approved provisions or regulations addressing
applicable EPA CTG source categories and that these provisions or
regulations represent RACT control levels or control levels more
stringent than RACT under the 2008 8-hour ozone NAAQS; (3)
certification that PADEP has implemented all CTG RACT controls
indicated in this SIP revision, based on the EPA's guidance and
standards, and that they represent current RACT control levels under
the 2008 8-hour ozone NAAQS; and (4) certification that PADEP has
determined that there is one CTG source category for which it has made
a negative declaration because there are no existing sources in
Pennsylvania in this source category subject to CTG RACT.
As noted previously, EPA finalized approval of PADEP's two August
13, 2018 SIP submittals on December 14, 2020 and this final approval
was voluntarily remanded to EPA for reconsideration on September 3,
2021. The final action was remanded without vacatur so that the Agency
could reconsider its approval of PADEP's August 13, 2018 SIP revisions
to ensure that Pennsylvania's RACT requirements for sources covered by
CTGs satisfy the requirements associated with the 2008 8-hour ozone
NAAQS.
Upon reconsideration, and as described more fully in this proposed
rulemaking, EPA is proposing to determine that we erred in previously
approving the CTG portion of PADEP's RACT certification SIP, as PADEP's
certification failed to show sufficient support in the record that the
provisions identified as RACT in PADEP's certification fulfills the
RACT requirements of the 2008 8-hour ozone NAAQS for CTG sources. As
clarified in the 2008 implementation rules, RACT analysis should
consider any technical advances since previous approvals of the RACT
rules and provide evidence that other relevant information, including
recent technical information and information available at the time of
adoption, were considered to determine the lowest emission limit that a
particular source is capable of meeting by the application of the
control technology that is reasonably available considering
technological and economic feasibility. PADEP did not provide this
analysis. EPA therefore concludes that the PADEP's SIP submittals did
not fully evaluate VOC RACT CTG requirements, and the Agency is
proposing disapproval of the certification portion of the first August
13, 2018 SIP submittal, with the exception of PADEP's negative
declaration for one CTG source category. PADEP determined that there
are no sources in Pennsylvania (excluding Philadelphia County and
Allegheny County) covered by EPA's CTG ``Control of Volatile Organic
Compound Emissions from Large Petroleum Dry Cleaners,'' (EPA-450/3-82-
009; September 1982). The record in our original action in support of
this negative declaration, as discussed in that action (85 FR at 80617,
December 14, 2020, and the associated technical support document
(TSD)), was sufficiently robust and well-developed. EPA is proposing to
approve PADEP's submitted negative declaration for this CTG source
type.
2. Incorporation by Reference of New Source Performance Standards
(NSPS)
Pennsylvania has incorporated by reference all of the NSPS
promulgated by EPA under section 111 of the CAA and found at 40 CFR
part 60. See 25 Pa. Code 122. PADEP determined that for certain source
categories, the Federal requirements of 40 CFR part 60--Standards of
Performance for New Stationary Sources, provide RACT level control.
Upon reconsideration, EPA is proposing that PADEP's determination
that NSPS requirements equal RACT was not supported by a sufficiently
robust and well-developed record indicating that, in addition to
considering the NSPS themselves, that non-NSPS requirements, including
recent technical information and the RACT requirements of other states,
had also been reviewed and considered as potential RACT. As stated
previously in this preamble, EPA's 2008 ozone implementation rule
clarifies that a more demonstrative and robust comparison is needed.
EPA is proposing that we erred in our previous approval that certain
NSPS provisions meet CTG requirements and therefore are sufficient to
implement RACT for those sources for the 2008 8-hour ozone NAAQS. The
Agency now proposes disapproval of the portions of PADEP's SIP
submittals focused on NSPS providing RACT level control.
3. Incorporation of Source Specific Permit Limits
PADEP found only two sources covered by the ``Shipbuilding/Repair
ACT (EPA 453/R-94-032, April 1994) and EPA's CTG for Shipbuilding and
Ship Repair Operations (Surface Coating) (61 FR 44050, August 27,
1996)'' and one source subject to ``Control of Volatile Organic
Compound Emissions from Air Oxidation Processes in Synthetic Organic
Chemical Manufacturing Industry, EPA-450/3-84-015, December 1984.''
Rather than promulgate a rule to address the RACT requirements of those
two CTGs for only three affected sources, PADEP incorporated the
requirements of the CTGs into Federally enforceable permits and
submitted the applicable permit limits for incorporation into the SIP.
Redacted versions of Permit Nos. 25-00930 (Donjon Shipbuilding) and
26-00545 (Heartland Fabrication) were submitted for incorporation into
the Commonwealth's SIP. Generally, the control strategy is to limit the
VOC content of the coatings and materials used. In its first August 13,
2018 SIP submittal, PADEP stated that the relevant portions of the
permits are consistent with the Shipbuilding and Ship Repair Operations
(Surface coating) CTG and therefore satisfy the RACT requirements for
these sources. A redacted version of Permit No. 39-00024 (Geo.
Specialty Chem. Trimet Div.) was also submitted for incorporation into
the Pennsylvania SIP. PADEP certified that this is the only source to
which the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air
Oxidation Process CTG applies. Pursuant to the CTG, ``It is recommended
that air oxidation facilities for which an existing combustion device
is employed to control process VOC emissions should not be required to
meet the 98 percent emissions limit until the combustion device is
replaced for other reasons. In other words, no facility would be
required to upgrade or replace an existing control device.'' \7\ PADEP
determined that the facility's formaldehyde process and catalytic
incinerator were installed in 1980, before the December 1984
applicability date of the CTG. PADEP further determined that neither
the process nor the control device have been modified since the 1980
installation date. PADEP therefore certified that the existing control
strategy and emission
[[Page 43362]]
limitations in the permit constitute RACT for this particular source.
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\7\ See ``Control of Volatile Organic Compound Emissions from
Air Oxidation Processes in the Synthetic Organic Chemical
Manufacturing Industry, EPA, 450/3-84-015, December 1984,'' Page 4-
1, available at: <a href="http://www3.epa.gov/airquality/ctgact/198412vocepa4503-84-015airoxidationprocesses.pdf">www3.epa.gov/airquality/ctgact/198412vocepa4503-84-015airoxidationprocesses.pdf</a>.
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Similar to EPA's justification for disapproving the previous
submittal elements, upon reconsideration, EPA is proposing that PADEP
did not support its conclusion by providing a sufficiently robust and
well-developed record. Although here PADEP has adopted CTG requirements
into specific permits versus relying on a regulation which incorporates
the CTGs, the Commonwealth still relies on the CTGs equaling RACT,
without a robust comparison with additional relevant information.
Additionally, PADEP does not provide any documentation of an analysis
to determine that RACT is fulfilled by existing source specific rules
and the proposed concurrent revisions.
Therefore, EPA is proposing that it erred in its previous final
action by approving PADEP's determination that particular emission
limitations in the noted permits constitute RACT and we now propose
disapproval of these components which we had approved in our December
14, 2020 final action.
B. Regulatory Revisions Related to VOC and NOX RACT
The SIP revisions submitted by PADEP in the second August 13, 2018
SIP submittal, entitled ``Control of Volatile Organic Compound
Emissions from Industrial Cleaning Solvents; General Provisions;
Aerospace Manufacturing and Rework; Additional RACT Requirements for
Major Sources of NO<INF>X</INF> and VOCs,'' include: (1) the addition
of 25 Pa. Code 129.63a (relating to the control of VOC from industrial
cleaning solvents (ICS)); (2) amendments to 25 Pa. Code sections 121.1
and 129.51 (definitions and ``general'' provisions, respectively) in
order to support the addition and implementation of 25 Pa. Code section
129.63a; (3) a correction to the VOC emission limit table in 25 Pa.
Code section 129.73 (relating to aerospace manufacturing and re-work);
and (4) amendments to 25 Pa. Code sections 129.96, 129.97, 129.99, and
129.100 to clarify certain requirements and to update the list of
exemptions.
1. Addition of 25 Pa. Code Section 129.63a and Amendments to Sections
121.1 and 129.51
PADEP determined that the recommendations in EPA's 2006 ICS CTG are
technically and economically feasible for sources in this source
category and developed 25 Pa. Code section 129.63a for the purpose of
implementing VOC RACT for affected industrial cleaning solvent sources
in Pennsylvania. In EPA's December 14, 2020 final action, EPA approved
this portion of the second August 13, 2018 SIP submittal based on the
PADEP's determination that the 2006 ICS CTG is equal to RACT for the
2008 8-hour ozone NAAQs. Having reconsidered our prior approval, EPA is
proposing that it erred in our prior full approval, and therefore we
propose to revise the prior action to disapprove this portion of the
submittal, as PADEP's analysis did not look beyond the CTG
requirements.
Since the amendments to 25 Pa. Code sections 121.1 and 129.51
support the addition and implementation of section 129.63a, which EPA
is now proposing to disapprove, the Agency is also proposing to
disapprove the revisions made to 25 Pa. Code sections 121.1 and 129.51
we had previously approved into the SIP.
2. Amendments to 25 Pa. Code Sections 129.96, 129.97, 129.99, and
129.100
The second PADEP August 13, 2018 SIP submittal included amendments
to 25 Pa. Code sections 129.96, 129.97, 129.99, and 129.100, to satisfy
certain RACT requirements under both the 1997 and 2008 8-hour ozone
NAAQS for specific source categories (also known as ``RACT II'').\8\
These amendments update 25 Pa. Code sections 129.96(a) and (b)
(relating to applicability) to revise the list of sources exempt from
RACT II, because these source are already subject to a RACT requirement
or RACT emission limitation, or both, that has been established
elsewhere.\9\ The applicability criteria in section 129.96(a) and (b)
are revised in order to add reference to sections 129.52d, 129.52e and
129.74 (relating to control of VOC emissions from miscellaneous metal
parts surface coating processes, miscellaneous plastic parts surface
coating processes and pleasure craft surface coatings; control of VOC
emissions from automobile and light-duty truck assembly coating
operations and heavier vehicle coating operations; and control of VOC
emissions from fiberglass boat manufacturing materials). Additionally,
25 Pa. Code sections 129.97(k)(1)(ii) and 129.99(i)(1)(ii) (relating to
presumptive RACT requirements, RACT emission limitations and petition
for alternative compliance schedule; and alternative RACT proposal and
petition for alternative compliance schedule) were amended by adding
the text ``or major VOC emitting facility'' for clarity. Section
129.100(a) (relating to compliance demonstration and recordkeeping
requirements) was amended to add ``RACT'' in two places for clarity.
The emission limits and substantive requirements of 25 Pa. Code
sections 129.96, 129.97, 129.99, and 129.100 were not amended.
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\8\ Pennsylvania's RACT II Rule applies statewide to existing
major NO<INF>X</INF> and/or VOC sources within the Commonwealth,
except those subject to other Pennsylvania regulations, as specified
in 25 Pa. Code 129.96(a) and (b).
\9\ Other specific requirements of PADEP's two August 13, 2018
submittals and the rationale for EPA's proposed action are explained
in EPA's previous notice of proposed rulemaking (NPRM) and will not
be restated here. See 85 FR 12877, March 5, 2020.
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EPA has evaluated PADEP's amendments to 25 Pa. Code sections
129.96, 129.97, 129.99, and 129.100 and the Agency has made the
preliminary determination that these clarifying amendments were
appropriately approved in the prior action. The amendments made in this
portion of the second SIP revision do not impact how PADEP determined
that RACT was met by certain sources. Therefore, on reconsideration,
EPA is not proposing to change our approval of PADEP's amendments to 25
Pa. Code sections 129.96, 129.97, 129.99, and 129.100 to disapproval.
III. Proposed Action
EPA is proposing to amend its prior full approval of PADEP's August
13, 2018 SIP submittals to a partial approval and partial disapproval.
Specifically, EPA is proposing to retain approval of clarifying
amendments to major source RACT regulations as well as a negative
declaration for CTG RACT purposes. EPA is proposing disapproval of the
remainder of both SIP submittals, including those related to CTGs and
control of VOC emissions from industrial cleaning solvents. EPA is
soliciting public comments on all of the issues discussed in this
document. These comments will be considered before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5 and as discussed in section II.B.2 of
this preamble, EPA is proposing to incorporate by reference 25 Pa. Code
sections 129.73, 129.96, 129.99, and 129.100. These measures were
already incorporated by reference into the SIP under a previous
approval (85 FR 80625, December 14, 2020). If this proposed disapproval
is finalized, EPA does not intend to remove these amendments, but to
retain them. 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
[[Page 43363]]
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Executive Orders 12866 and 13563: Regulatory Planning and Review
Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is not a
``significant regulatory action'' and, therefore, is not subject to
review by the Office of Management and Budget.
Paperwork Reduction Act
This rulemaking does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
This action merely proposes to disapprove state requirements as not
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rulemaking proposes to disapprove pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it 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).
Executive Order 13132: Federalism
This action also does not have federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the National Government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to disapprove a state
requirement and does not alter the relationship or the distribution of
power and responsibilities established in the CAA.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rulemaking does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rulemaking also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes to
disapprove a state rule.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211 (66 FR 28355, May 22,
2001).
National Technology Transfer Advancement Act
In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.
Executive Order 12898: Federal Actions To Address Environmental Justice
in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies to identify and address ``disproportionately high and
adverse human health or environmental effects'' of their actions on
minority populations and low-income populations to the greatest extent
practicable and permitted by law. EPA defines environmental justice
(EJ) as ``the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation, and enforcement of environmental laws,
regulations, and policies.'' EPA further defines the term fair
treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.'' PADEP did not evaluate EJ considerations as part of its SIP
submittals; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-10370 Filed 5-16-24; 8:45 am]
BILLING CODE 6560-50-P
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