[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Proposed Rules]
[Pages 3742-3744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02213]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0764; FRL-9989-45-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County Reasonable Available Control Technology 
for the 2008 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Pennsylvania Department of Environmental Protection (PADEP) on behalf 
of the Allegheny County Health Department (ACHD) for the purpose of 
satisfying the volatile organic compound (VOC) reasonably available 
control technology (RACT) requirements for source categories covered by 
control technique guidelines (CTGs) under the 2008 8-hour ozone 
national ambient air quality standard (NAAQS). This action is being 
taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2018-0764 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Megan Goold, (215) 814-2027, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On July 24, 2018, PADEP submitted, on behalf 
of ACHD, a SIP revision addressing the VOC CTG RACT requirements set 
forth by the CAA for the 2008 8-hour ozone NAAQS for Allegheny County 
(the 2018 VOC CTG RACT Submission for Allegheny County).

I. Background

A. General

    Ozone is formed in the atmosphere by photochemical reactions 
between VOCs and oxides of nitrogen (NOX) in the presence of 
sunlight. In order to reduce ozone concentrations, the CAA requires 
control of VOC and NOX emission sources to achieve emission 
reductions in moderate or more serious ozone nonattainment areas. Among 
effective control measures, RACT controls significantly reduce VOC and 
NOX emissions from major stationary sources.
    RACT is defined as the lowest emission limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available considering technological and economic 
feasibility.\1\ CAA section 172(c)(1) provides that SIPs for 
nonattainment areas must include reasonably available control measures 
(RACM) for attainment of the NAAQS, including emissions reductions from 
existing sources through adoption of RACT. A major source in a 
nonattainment area is defined as any stationary source that emits or 
has the potential to emit NOX or VOC emissions above a 
certain applicability threshold that is based on the ozone 
nonattainment classification of the area: Marginal, Moderate, Serious, 
or Severe. See ``major stationary source'' in CAA sections 182(b), 
184(b) and 302. CAA sections 182(b)(2) and 182(f)(1) of the CAA require 
states with moderate (or worse) ozone nonattainment areas to implement 
RACT controls on all stationary sources and source categories covered 
by a CTG document issued by EPA and on all major sources of VOC and 
NOX emissions located in the area. EPA's CTGs establish 
presumptive RACT control requirements for various VOC source 
categories. The CTGs typically identify a particular control level that 
EPA recommends as being RACT. In some cases, EPA has issued Alternative 
Control Techniques guidelines (ACTs) primarily for NOX 
source categories, which in contrast to the CTGs, only present a range 
for possible control options but do not identify any particular option 
as the presumptive norm for what is RACT. CAA section 183(c) requires 
EPA to revise and update CTGs and ACTs as the Administrator determines 
necessary. EPA issued eleven new CTGs from 2006 through 2008. A list of 
CTGs issued by EPA can be found at https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques. States are required to implement RACT for the source 
categories covered by CTGs through the SIP. Source categories that are 
not covered by the CTGs are termed non-CTG sources (non-CTG sources are 
not covered by this SIP revision).
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    \1\ See December 9, 1976 memorandum from Roger Strelow, 
Assistant Administrator for Air and Waste Management, to Regional 
Administrators, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas.'' See also 44 FR 53761, 53762 
(September 17, 1979).
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    CAA section 184(a) of the CAA established a single ozone transport 
region (OTR), comprising all or part of 12 eastern states and the 
District of Columbia.\2\ The entire Commonwealth of Pennsylvania is 
part of the OTR and, therefore, must comply with the RACT requirements 
in CAA section 184(b)(1)(B) and (2). Specifically, section 184(b)(1)(B) 
requires the implementation of RACT in OTR states with respect to all 
sources of VOC covered by a CTG. Additionally, section 184(b)(2) states 
that any stationary source with the potential to emit 50 tons per year 
(tpy) of VOCs shall be considered a major source and requires the 
implementation of major stationary source requirements in the OTR 
states as if the area were a moderate nonattainment area. A major 
source in a nonattainment area is defined as any stationary source that 
emits or has the potential to emit NOX or VOC emissions 
above a certain applicability threshold

[[Page 3743]]

that is based on the ozone nonattainment classification of the area: 
Marginal, Moderate, Serious, or Severe. See ``major stationary source'' 
in CAA sections 182(b) and 184(b).
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    \2\ Only a portion of the Commonwealth of Virginia is included 
in the OTR.
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B. Allegheny County, Pennsylvania's Ozone RACT History

    Allegheny County, Pennsylvania has been subject to the CAA RACT 
requirements because of previous ozone nonattainment designations. The 
Pittsburgh-Beaver Area (which included Allegheny County) was designated 
as a moderate 1-hour ozone nonattainment area. Allegheny County has 
implemented numerous RACT controls throughout the County to meet the 
CAA's RACT requirements under the 1-hour ozone standard.
    Under the 1997 8-hour ozone NAAQS, the Pittsburgh-Beaver Valley 
area (which included Allegheny County) was designated as a moderate 
nonattainment area. As a result, Allegheny County continued to be 
subject to the CAA RACT requirements. See 69 FR 23858, 23931 (April 30, 
2004). Allegheny County revised and promulgated its RACT regulations 
and demonstrated that it complied with the 1997 CAA RACT requirements 
in a SIP revision approved by EPA on June 10, 2013 (78 FR 34584).
    Under CAA section 109(d), EPA is required to periodically review 
and promulgate, as necessary, revisions to the NAAQS to continue to 
protect human health and the environment. On March 27, 2008, EPA 
revised the 1997 8-hour ozone standard by lowering the 8-hour standard 
to 0.075 ppm (73 FR 16436). On May 21, 2012, EPA finalized attainment/
nonattainment designations for the 2008 8-hour ozone NAAQS (77 FR 
30087). Under the 2008 8-hour ozone standard, EPA designated 17 
counties in Pennsylvania as marginal nonattainment including Allegheny 
County. The entire Commonwealth of Pennsylvania is in the OTR, and 
pursuant to CAA section 184(b)(1)(B), it is required to address the CAA 
RACT requirements by submitting to EPA a SIP revision that demonstrates 
how it meets RACT requirements under the revised 2008 ozone standard. 
Pennsylvania is required to implement RACT for the 2008 ozone NAAQS on 
all VOC sources covered by a CTG issued by EPA, see CAA sections 
182(b)(2)(A), (B), 184(b)(1)(B), as well as all other major stationary 
sources located within the state boundaries, see CAA section 
182(b)(2)(C).

C. EPA Guidance and Requirements

    EPA has provided more substantive RACT requirements through final 
implementation rules for each ozone NAAQS, as well as guidance. On 
March 6, 2015, EPA issued its final rule for implementing the 2008 8-
hour ozone NAAQS (the 2008 Ozone Implementation Rule). See 80 FR 12264. 
This rule addressed, among other things, control and planning 
obligations as they apply to nonattainment areas under the 2008 8-hour 
ozone NAAQS, including RACT and RACM. In this rule, EPA specifically 
required that states meet the RACT requirements either (1) through a 
certification that previously adopted RACT controls in their SIP 
revisions approved by EPA under a prior ozone NAAQS continue to 
represent adequate RACT control levels for attainment of the 2008 8-
hour ozone NAAQS, or (2) through the adoption of new or more stringent 
regulations or controls that represent RACT control levels. A 
certification must be accompanied by appropriate supporting information 
such as consideration of information received during the public comment 
period and consideration of new data. Adoption of new RACT regulations 
will occur when states have new stationary sources not covered by 
existing RACT regulations, or when new data or technical information 
indicates that a previously adopted RACT measure does not represent a 
newly available RACT control level. Additionally, states are required 
to submit a negative declaration if there are no CTG sources of VOC 
emissions within the nonattainment area in lieu of, or in addition to, 
a certification.

II. Summary of SIP Revision

    On July 24, 2018, PADEP submitted a SIP revision for Allegheny 
County to address the VOC CTG RACT requirements set forth by the CAA 
for the 2008 8-hour ozone NAAQS (the 2018 VOC CTG RACT Submission for 
Allegheny County). Specifically, the 2018 VOC CTG RACT Submission for 
Allegheny County includes: (1) A certification that for certain 
categories of sources, previously-adopted VOC RACT controls in the 
Allegheny County portion of Pennsylvania's SIP that were approved by 
EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS continue to be 
based on the currently available technically and economically feasible 
controls, and continue to represent RACT for implementation of the 2008 
8-hour ozone NAAQS; and (2) a negative declaration that certain CTG 
sources of VOC do not exist in Allegheny County, PA. This SIP revision 
does not cover non-CTG sources in Allegheny County. PADEP will address 
RACT for major sources of NOX and for major non-CTG VOC 
sources for Allegheny County in another SIP submission.
    Allegheny County's Regulations and Statutes, under Allegheny County 
Article XXI 2105.10, 2105.11, 2105.12, 2105.13, 2105.15, 2105.16, 
2105.19, 2105.70, 2105.71, 2105.72., 2105.74, 2105.76, 2105.77, 
2105.78, 2105.79, 2105.80, 2105.81, 2105.82, 2105.83, 2015.84, 2105.85, 
and 2105.86 contain the VOC CTG RACT controls that were implemented and 
approved into Pennsylvania's SIP under the 1-hour and 1997 8-hour ozone 
NAAQS. PADEP is certifying that these regulations, all previously 
approved by EPA into the SIP, continue to meet the RACT requirements 
for the 2008 8-hour ozone NAAQS for CTG-covered sources of VOCs in 
Allegheny County, PA. PADEP also submitted a negative declaration for 
the CTGs that have not been adopted due to no affected facilities in 
Allegheny County. More detailed information on these provisions as well 
as a detailed summary of EPA's review can be found in the Technical 
Support Document (TSD) for this action which is available on line at 
www.regulations.gov, Docket number EPA-R03-OAR-2018-0764.

III. Proposed Action

    EPA has reviewed Pennsylvania's 2018 VOC CTG RACT Submission for 
Allegheny County and is proposing to approve Pennsylvania's SIP 
revision to the Allegheny County portion of the SIP on the basis that 
Allegheny County, PA has met the VOC RACT requirements for all sources 
of CTGs (issued prior to July 20, 2014) for the 2008 8-hour ozone NAAQS 
as set forth by CAA sections 182(b) and 184(b)(2). EPA is proposing to 
find that Pennsylvania's SIP revision satisfies the 2008 8-hour ozone 
NAAQS VOC RACT requirements for CTGs for Allegheny County, PA through 
(1) certification that previously adopted RACT controls in the 
Allegheny County portion of the Pennsylvania SIP that were approved by 
EPA under the 1979 1-hour ozone and 1997 8-hour ozone NAAQS continue to 
be based on the currently available technically and economically 
feasible controls, and that they continue to represent RACT; and (2) a 
negative declaration demonstrating that no facilities exist in 
Allegheny County for certain applicable VOC CTG categories.
    EPA is proposing to find that Pennsylvania's 2018 VOC CTG RACT 
Submission for Allegheny County demonstrates that Allegheny County has 
adopted air pollution control strategies that represent RACT for the 
purposes of compliance with the 2008 8-hour ozone standard for all 
stationary sources of VOCs covered by a CTG issued prior to

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July 20, 2014. EPA is soliciting public comments on the issues 
discussed in this document relevant to VOC CTG RACT requirements for 
the Allegheny County portion of the Pennsylvania SIP for the 2008 ozone 
NAAQS. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    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 proposed action:
     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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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 proposed rule, Pennsylvania's 2018 VOC CTG RACT 
submission for Allegheny County 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 30, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2019-02213 Filed 2-12-19; 8:45 am]
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