Rule2024-15115
Air Plan Approval; Pennsylvania; Interim Final Determination To Stay and Defer Sanctions Related to Reasonably Available Control Technology Requirements for Keystone, Conemaugh, Homer City and Montour Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards
Primary source
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Published
July 10, 2024
Effective
July 10, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making an interim final determination (IFD) that Pennsylvania has submitted revisions to the SIP that satisfy the requirements under the Clean Air Act (CAA) to implement RACT for these EGUs for the 1997 and 2008 ozone NAAQS. The effect of this IFD is to stay emission offset sanctions and defer the imposition of highway funding sanctions triggered by an August 2022 EPA partial disapproval of a prior Pennsylvania SIP addressing RACT for these EGUs. Proposed elsewhere in this issue of the Federal Register, EPA is proposing approval of a revision to Pennsylvania's State implementation plan (SIP), as submitted April 10, 2024, to address reasonably available control technology (RACT) nitrogen oxides (NO<INF>X</INF>) emission limits and requirements for the coal-fired electric generating units (EGUs) equipped with selective catalytic reduction (SCR) at the Keystone, Conemaugh, Homer City, and Montour facilities for the 1997 and 2008 ozone national ambient air quality standards (NAAQS).
Full Text
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<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
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[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Rules and Regulations]
[Pages 56666-56668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15115]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0302; FRL-12064-03-R3]
Air Plan Approval; Pennsylvania; Interim Final Determination To
Stay and Defer Sanctions Related to Reasonably Available Control
Technology Requirements for Keystone, Conemaugh, Homer City and Montour
Generating Facilities for the 1997 and 2008 Ozone National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
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SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination (IFD) that Pennsylvania has submitted revisions to
the SIP that satisfy the requirements under the Clean Air Act (CAA) to
implement RACT for these EGUs for the 1997 and 2008 ozone NAAQS. The
effect of this IFD is to stay emission offset sanctions and defer the
imposition of highway funding sanctions triggered by an August 2022 EPA
partial disapproval of a prior
[[Page 56667]]
Pennsylvania SIP addressing RACT for these EGUs. Proposed elsewhere in
this issue of the Federal Register, EPA is proposing approval of a
revision to Pennsylvania's State implementation plan (SIP), as
submitted April 10, 2024, to address reasonably available control
technology (RACT) nitrogen oxides (NO<INF>X</INF>) emission limits and
requirements for the coal-fired electric generating units (EGUs)
equipped with selective catalytic reduction (SCR) at the Keystone,
Conemaugh, Homer City, and Montour facilities for the 1997 and 2008
ozone national ambient air quality standards (NAAQS).
DATES: This interim final determination is effective on July 10, 2024.
However, comments will be accepted until August 9, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0302 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#e68189898a82c88b83818788a6839687c8818990"><span class="__cf_email__" data-cfemail="1a7d7575767e34777f7d7b745a7f6a7b347d756c">[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 INFORMATION 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>. EPA has established a
docket for this action under Docket ID Number EPA-R03-OAR-2024-0302.
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: Sean Silverman, 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) 814-5511. Mr. Silverman can also be reached via electronic mail
at <a href="/cdn-cgi/l/email-protection#b7c4dedbc1d2c5dad6d999c4d2d6d9f7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="8af9e3e6fceff8e7ebe4a4f9efebe4caeffaeba4ede5fc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 16, 2022, EPA took final action to disapprove portions of
a Pennsylvania SIP revision submitted May 16, 2016 that, among other
things, established NO<INF>X</INF> emission limitations for the coal-
fired EGUs equipped with SCR at the Keystone, Conemaugh, Homer City,
and Montour facilities, to satisfy RACT obligations for the 1997 and
2008 ozone NAAQS. 87 FR 50257. EPA's August 16, 2022 final disapproval
started a sanctions clock under CAA section 179 and 40 CFR 52.31. The
two-to-one new source emissions offset sanction took effect on March
15, 2024 (18 months following the September 15, 2022 effective date of
the August 16, 2022 disapproval), while highway funding sanctions will
take effect September 15, 2024 unless the state submits, and EPA
approves, SIP revisions that correct the deficiencies identified in the
August 16, 2022 disapproval action.
On August 31, 2022, EPA issued a Federal implementation plan (FIP)
addressing these same RACT obligations. 87 FR 53381. On May 2, 2024,
the Third Circuit issued a decision upholding the RACT limits and other
requirements in EPA's August 31, 2022 FIP. Keystone-Conemaugh Projects
LLC v. EPA, et al., No. 22-3026. The court decided and resolved all
issues raised by the Petitioners in EPA's favor.
On April 10, 2024, PADEP submitted two SIP revisions which adopt
the NO<INF>X</INF> limits and other requirements in EPA's final August
31, 2022 FIP for Keystone, Conemaugh, Homer City, and Montour. Proposed
elsewhere in this issue of the Federal Register, EPA has proposed to
approve Pennsylvania's April 10, 2024 SIP revisions. There, EPA
proposes to find that the incorporation of title V permits containing
the FIP requirements into Pennsylvania's SIP addresses the deficiencies
identified in EPA's August 16, 2022 partial disapproval, which started
the sanctions clock for offset and highway sanctions in Pennsylvania.
II. What action is EPA taking?
We are making an interim final determination to stay the
application of the offset sanction and defer the application of the
highway sanction associated with our August 16, 2022 disapproval of
certain RACT requirements for the 1997 and 2008 ozone NAAQS for
Pennsylvania. This determination is based on our concurrent proposal to
approve the Pennsylvania SIP revisions regarding RACT limits for the
1997 and 2008 Ozone NAAQS for Keystone, Conemaugh, Homer City, and
Montour generating facilities, which resolve the deficiencies that
triggered sanctions under section 179 of the CAA.
Because EPA has preliminarily determined that the submission of the
Pennsylvania RACT SIP revisions address the deficiencies identified in
the August 16, 2022 disapproval action and is likely approvable, relief
from sanctions should be provided as quickly as possible. Therefore,
EPA is invoking the good cause exception under the Administrative
Procedure Act (APA) in not providing an opportunity for comment before
this action takes effect (5 U.S.C. 553(b)(B)). However, by this action,
EPA is providing the public with an opportunity to comment on the EPA's
determination after the effective date, and EPA will consider any
comments received in determining whether to reverse the interim final
determination.
Section 553(b)(B) of the APA provides that the notice and
opportunity for comment requirements do not apply when the Agency finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' In this instance, EPA believes it would be both
impracticable and contrary to the public interest to have to propose
and provide an opportunity to comment before any relief is provided
from the effect of sanctions. EPA has reviewed Pennsylvania's SIP
submissions addressing the August 16, 2022 disapproval and, through its
proposed action, is indicating that it is more likely than not that the
SIP submissions correct the deficiency that was the basis for the
disapproval action that started the sanctions clock. Therefore, it is
not in the public interest to apply sanctions. EPA believes that it is
necessary to use the interim final rulemaking process to stay the
application of the offset sanction and defer the application of the
highway
[[Page 56668]]
funding sanction while we complete our rulemaking process on the
approvability of Pennsylvania's SIP revision intended to address the
RACT requirements for the EGUs at the four sources for the 1997 and
2008 ozone NAAQS.
Consistent with 5 U.S.C. 553(d)(1) of the APA, EPA finds there is
good cause for this action to become effective immediately upon
publication. Section 553(d)(1) of the APA provides that final rules
shall not become effective until 30 days after publication in the
Federal Register ``except . . . a substantive rule which grants or
recognizes an exemption or relieves a restriction.'' The purpose of
this provision is to ``give affected parties a reasonable time to
adjust their behavior before the final rule takes effect.'' Omnipoint
Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see
also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977)
(quoting legislative history). However, when the agency grants or
recognizes an exemption or relieves a restriction, affected parties do
not need a reasonable time to adjust because the effect is not adverse.
Because this action relieves a restriction, EPA finds good cause under
5 U.S.C. 553(d)(1) for this action to become effective on the date of
publication of this action.
As noted above, proposed elsewhere in this issue of the Federal
Register, EPA has proposed to find that Pennsylvania's April 10, 2024
SIP revisions address the deficiencies identified by EPA in our August
16, 2022 final disapproval. In accordance with 40 CFR 52.31(d)(2)(ii),
when a State has submitted a revised plan to correct the deficiency,
and EPA proposes to approve the plan and issues an interim final
determination that the revised plan corrects the deficiency,
application of the new source emission offset sanction shall be stayed
and application of the highway sanction shall be deferred. However, if
issues are raised during the public comment period of the proposed plan
approval which cannot be addressed and the revised plan is ultimately
disapproved, the new source offset sanction shall reapply immediately
and the highway sanction shall apply immediately on the date of the
final disapproval if that date is more than six months after the date
the offset sanctions became effective, which was March 15, 2024.
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements. 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 Clean Air Act; and
<bullet> Is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
action 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).
<bullet> Is subject to the Congressional Review Act (CRA),5 U.S.C.
801 et seq., and the EPA will submit a rule report to each House of the
Congress and to the Comptroller General of the United States. The CRA
allows the issuing agency to make a rule effective sooner than
otherwise provided by the CRA if the agency makes a good cause finding
that notice and comment rulemaking procedures are impracticable,
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The
EPA has made a good cause finding for this action as discussed in
section II of this preamble, including the basis for that finding.
Executive Order 12898 (59 FR 7629, February 16, 1994), directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
This interim final determination does not concern human health or
environmental conditions and therefore cannot be evaluated with respect
to potentially disproportionate and adverse effects on people of color,
low-income populations and/or Indigenous peoples. This action stays
emission offset sanctions and defers the imposition of highway funding
sanctions triggered by an August 2022 EPA partial disapproval of a
prior Pennsylvania SIP addressing RACT for these EGUs. This action
therefore does not directly address emission limits or otherwise
directly affect any human health or environmental conditions in
Pennsylvania. In addition, EPA is providing meaningful involvement on
this rulemaking through the notice and comment process.
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 September 9, 2024. Filing a petition for
reconsideration by the EPA Administrator of this final determination
does not affect the finality of this action for the purpose of judicial
review nor does it extend the time within which petition for judicial
review may be filed, and shall not postpone the effectiveness of such
action. This action may not be challenged later in proceedings to
enforce its requirements (see CAA 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.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-15115 Filed 7-9-24; 8:45 am]
BILLING CODE 6560-50-P
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