[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Proposed Rules]
[Pages 41426-41432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16279]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0380; FRL-8694-01-R3]


Approval and Promulgation of Air Quality Plans; Pennsylvania; 
Reasonably Available Control Technology (RACT) Determinations for Case-
by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve multiple state implementation plan (SIP) revisions submitted by 
the Commonwealth of Pennsylvania. These revisions were submitted by the 
Pennsylvania Department of Environmental Protection (PADEP) to 
establish and require reasonably available control technology (RACT) 
for twenty-four major sources of volatile organic compounds (VOC) and/
or nitrogen oxides (NOX) pursuant to the Commonwealth of 
Pennsylvania's conditionally approved RACT regulations. In this 
rulemaking action, EPA is proposing to approve source-specific (also 
referred to as ``case-by-case'') RACT determinations for sources at 
twenty-four major NOX and VOC emitting facilities submitted 
by PADEP. These RACT evaluations were submitted to meet RACT 
requirements for the 1997 and 2008 8-hour ozone national ambient air 
quality standards (NAAQS). This action is being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before September 1, 
2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0380 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch 
(3AD10), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2217.

[[Page 41427]]

Mr. Burger can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On May 7, 2020, PADEP submitted a revision 
to its SIP to address case-by-case NOX and/or VOC RACT for 
sources at numerous major NOX and VOC emitting facilities 
located in the Commonwealth, including the twenty-four facilities in 
this action. This SIP revision is intended to address the 
NOX and/or VOC RACT requirements under sections 182 and 184 
of the CAA for the 1997 and 2008 8-hour ozone NAAQS. Table 1 of this 
document lists the SIP submittal date and the facilities included in 
PADEP's submittal. Although submitted in one SIP revision by PADEP, EPA 
views each facility as a separable SIP revision and may take separate 
final action on one or more facilities.
    For additional background information on Pennsylvania's 
``presumptive'' RACT II SIP see 84 FR 20274 (May 9, 2019) and on 
Pennsylvania's source-specific or ``case-by-case'' RACT determinations 
see the appropriate technical support document (TSD) which is available 
online at https://www.regulations.gov, Docket No. EPA-R03-OAR-2021-
0380.

    Table 1--PADEP SIP Submittals for Major NOX and/or VOC Sources in
 Pennsylvania Subject to Source-Specific RACT Under the 1997 and 2008 8-
                           Hour Ozone Standard
------------------------------------------------------------------------
     SIP submittal date                 Major source (county)
------------------------------------------------------------------------
5/7/2020...................  Anvil International, LLC (formerly Grinnell
                              Corporation) (Lancaster).
                             ArcelorMittal Plate LLC Conshohocken Plant
                              (formerly Bethlehem Lukens Plate)
                              (Montgomery).
                             Braskem America Inc. Marcus Hook (formerly
                              Epsilon Products Co.--Marcus Hook)
                              (Delaware).
                             Buck Co Inc. Quarryville (formerly Buck
                              Company Inc) (Lancaster).
                             Calumet Karns City Refining LLC (formerly
                              Penreco--Karns City) (Butler).
                             Clarion Bathware Marble (Clarion).
                             Domtar Paper Company Johnsonburg Mill
                              (formerly Willamette Industries,
                              Johnsonburgh Mill) (Elk).
                             Exelon Generation Company LLC Croydon
                              Generating Station (formerly PECO Energy
                              Co.--Croydon Generating Station) (Bucks).
                             Georgia-Pacific Panel Products LLC Mt.
                              Jewell MDF Plant (McKean).
                             GE Transportation Grove City Engine
                              (formerly GE Transportation Systems)
                              (Mercer).
                             GrafTech USA LLC St Marys (formerly The
                              Carbide/Graphite Group, Inc) (Elk).
                             Haysite Reinforced Plastics LLC Erie
                              (Erie).
                             INMETCO Ellwood City (formerly The
                              International Metals Reclamation Co)
                              (Lawrence).
                             International Waxes Inc Farmers Valley
                              (formerly Petrowax Refining) (McKean).
                             Jeld Wen Fiber Division PA (Bradford).
                             Mars Wrigley Confectionery US LLC
                              Elizabethtown (Lancaster).
                             Molded Fiber Glass Company Union City
                              (formerly Molded Fiber Glass) (Erie).
                             Monroe Energy LLC Trainer (formerly Conoco
                              Phillips Company) (Delaware).
                             Nova Chemicals Company Beaver (formerly
                              Nova Chemicals, Inc.) (Beaver).
                             Sasol Chemicals USA LLC (formerly Merisol
                              Antioxidants LLC) (Venango).
                             Silberline Manufacturing Company Lincoln
                              Drive Plant (formerly Silberline
                              Manufacturing Co) (Schuylkill).
                             Superior Tube Company Lower Providence
                              (formerly Superior Tube Company)
                              (Montgomery).
                             Victaulic Company Alburtis Facility
                              (Lehigh).
                             Victaulic Forks Facility (Northampton).
------------------------------------------------------------------------

I. Background

A. 1997 and 2008 8-Hour Ozone NAAQS

    Ground level ozone is not emitted directly into the air but is 
created by chemical reactions between NOX and VOC in the 
presence of sunlight. Emissions from industrial facilities, electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Breathing ozone can trigger a variety of health problems, particularly 
for children, the elderly, and people of all ages who have lung 
diseases such as asthma. Ground level ozone can also have harmful 
effects on sensitive vegetation and ecosystems.
    On July 18, 1997, EPA promulgated a standard for ground level ozone 
based on 8-hour average concentrations. 62 FR 38856. The 8-hour 
averaging period replaced the previous 1-hour averaging period, and the 
level of the NAAQS was changed from 0.12 parts per million (ppm) to 
0.08 ppm. EPA has designated two moderate nonattainment areas in 
Pennsylvania under the 1997 8-hour ozone NAAQS, namely Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE (the Philadelphia Area) and 
Pittsburgh-Beaver Valley (the Pittsburgh Area). See 40 CFR 81.339.
    On March 12, 2008, EPA strengthened the 8-hour ozone standards, by 
revising its level to 0.075 ppm averaged over an 8-hour period (2008 8-
hour ozone NAAQS). On May 21, 2012, EPA designated five marginal 
nonattainment areas in Pennsylvania for the 2008 8-hour ozone NAAQS: 
Allentown-Bethlehem-Easton, Lancaster, Reading, the Philadelphia Area, 
and the Pittsburgh Area. 77 FR 30088; see also 40 CFR 81.339.
    On March 6, 2015, EPA announced its revocation of the 1997 8-hour 
ozone NAAQS for all purposes and for all areas in the country, 
effective on April 6, 2015. 80 FR 12264. EPA has determined that 
certain nonattainment planning requirements continue to be in effect 
under the revoked standard for nonattainment areas under the 1997 8-
hour ozone NAAQS, including RACT.

B. RACT Requirements for Ozone

    The CAA regulates emissions of NOX and VOC to prevent 
photochemical reactions that result in ozone formation. RACT is an 
important strategy for reducing NOX and VOC emissions from 
major stationary sources within areas not meeting the ozone NAAQS.
    Areas designated nonattainment for the ozone NAAQS are subject to 
the general nonattainment planning requirements of CAA section 172. 
Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas 
must include reasonably available control measures (RACM) for 
demonstrating attainment of all NAAQS, including emissions reductions 
from existing sources through the adoption of RACT. Further, section 
182(b)(2) of the CAA sets forth additional RACT requirements

[[Page 41428]]

for ozone nonattainment areas classified as moderate or higher. Section 
182(b)(2) of the CAA sets forth requirements regarding RACT for the 
ozone NAAQS for VOC sources. Section 182(f) subjects major stationary 
sources of NOX to the same RACT requirements applicable to 
major stationary sources of VOC.\1\
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    \1\ A ``major source'' is defined based on the source's 
potential to emit (PTE) of NOX or VOC, and the applicable 
thresholds for RACT differs 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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    Section 184(b)(1)(B) of the CAA applies the RACT requirements in 
section 182(b)(2) to nonattainment areas classified as marginal and to 
attainment areas located within ozone transport regions established 
pursuant to section 184 of the CAA. Section 184(a) of the CAA 
established by law the current Ozone Transport Region (OTR) comprised 
of 12 eastern states, including Pennsylvania. This requirement is 
referred to as OTR RACT. As noted previously, a ``major source'' is 
defined based on the source's potential to emit (PTE) of 
NOX, VOC, or both pollutants, and the applicable thresholds 
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.
    Since the 1970's, 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.\2\
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    \2\ 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,'' and also 44 FR 53762 
(September 17, 1979).
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    EPA has provided more substantive RACT requirements through 
implementation rules for each ozone NAAQS as well as through guidance. 
In 2004 and 2005, EPA promulgated an implementation rule for the 1997 
8-hour ozone NAAQS in two phases (``Phase 1 of the 1997 Ozone 
Implementation Rule'' and ``Phase 2 of the 1997 Ozone Implementation 
Rule''). 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 
2005), respectively. Particularly, the Phase 2 Ozone Implementation 
Rule addressed RACT statutory requirements under the 1997 8-hour ozone 
NAAQS. See 70 FR 71652 (November 29, 2005).
    On March 6, 2015, EPA issued its final rule for implementing the 
2008 8-hour ozone NAAQS (``the 2008 Ozone SIP Requirements Rule''). 80 
FR 12264. At the same time, EPA revoked the 1997 8-hour ozone NAAQS, 
effective on April 6, 2015.\3\ The 2008 Ozone SIP Requirements Rule 
provided comprehensive requirements to transition from the revoked 1997 
8-hour ozone NAAQS to the 2008 8-hour ozone NAAQS, as codified in 40 
CFR part 51, subpart AA, following revocation. Consistent with previous 
policy, EPA determined that areas designated nonattainment for both the 
1997 and 2008 8-hour ozone NAAQS at the time of revocation, must retain 
implementation of certain nonattainment area requirements (i.e., anti-
backsliding requirements) for the 1997 8-hour ozone NAAQS as specified 
under section 182 of the CAA, including RACT. See 40 CFR 51.1100(o). An 
area remains subject to the anti-backsliding requirements for a revoked 
NAAQS until EPA approves a redesignation to attainment for the area for 
the 2008 8-hour ozone NAAQS. There are no effects on applicable 
requirements for areas within the OTR, as a result of the revocation of 
the 1997 8-hour ozone NAAQS. Thus, Pennsylvania, as a state within the 
OTR, remains subject to RACT requirements for both the 1997 8-hour 
ozone NAAQS and the 2008 8-hour ozone NAAQS.
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    \3\ On February 16, 2018, the United States Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. Court) issued an opinion 
on the 2008 Ozone SIP Requirements Rule. South Coast Air Quality 
Mgmt. Dist. v. EPA, 882 F.3d 1138 (D.C. Cir. 2018). The D.C. Cir. 
Court found certain parts reasonable and denied the petition for 
appeal on those. In particular, the D.C. Cir. Court upheld the use 
of NOX averaging to meet RACT requirements for 2008 8-
hour ozone NAAQS. However, the Court also found certain other 
provisions unreasonable. The D.C. Cir. Court vacated the provisions 
it found unreasonable.
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    In addressing RACT, the 2008 Ozone SIP Requirements Rule is 
consistent with existing policy and Phase 2 of the 1997 Ozone 
Implementation Rule. In the 2008 Ozone SIP Requirements Rule, EPA 
requires RACT measures to be implemented by January 1, 2017 for areas 
classified as moderate nonattainment or above and all areas of the OTR. 
EPA also provided in the 2008 Ozone SIP Requirements Rule that RACT 
SIPs must contain adopted RACT regulations, certifications where 
appropriate that existing provisions are RACT, and/or negative 
declarations stating that there are no sources in the nonattainment 
area covered by a specific control technique guidelines (CTG) source 
category. In the preamble to the 2008 Ozone SIP Requirements Rule, EPA 
clarified that states must provide notice and opportunity for public 
comment on their RACT SIP submissions, even when submitting a 
certification that the existing provisions remain RACT or a negative 
declaration. States must submit appropriate supporting information for 
their RACT submissions, in accordance with the Phase 2 of the 1997 
Ozone Implementation Rule. Adequate documentation must support that 
states have considered control technology that is economically and 
technologically feasible in determining RACT, based on information that 
is current as of the time of development of the RACT SIP.
    In addition, in the 2008 Ozone SIP Requirements Rule, EPA clarified 
that states can use weighted average NOX emissions rates 
from sources in the nonattainment area for meeting the major 
NOX RACT requirement under the CAA, as consistent with 
existing policy.\4\ EPA also recognized that states may conclude in 
some cases that sources already addressed by RACT determinations for 
the 1979 1-hour and/or 1997 8-hour ozone NAAQS may not need to 
implement additional controls to meet the 2008 8-hour ozone NAAQS RACT 
requirement. See 80 FR 12278 and 12279 (March 6, 2015).
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    \4\ EPA's NOX RACT guidance ``Nitrogen Oxides 
Supplement to the General Preamble'' (57 FR 55620; November 25, 
1992) encouraged states to develop RACT programs that are based on 
``area wide average emission rates.'' Additional guidance on area-
wide RACT provisions is provided by EPA's January 2001 economic 
incentive program guidance titled ``Improving Air Quality with 
Economic Incentive Programs,'' available at https://www.epa.gov/sites/production/files/2015-07/documents/eipfin.pdf. In addition, as 
mentioned previously, the D.C. Cir. Court upheld the use of 
NOX averaging to meet RACT requirements for 2008 8-hour 
ozone NAAQS. South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 
(D.C. Cir. February 16, 2018).
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C. Applicability of RACT Requirements in Pennsylvania

    As indicated earlier, RACT requirements apply to any ozone 
nonattainment areas classified as moderate or higher (serious, severe 
or extreme) under CAA sections 182(b)(2) and 182(f). Pennsylvania has 
outstanding ozone RACT requirements for both the 1997 and 2008 8-hour 
ozone NAAQS. The entire Commonwealth of Pennsylvania is part of the OTR 
established under section 184 of the CAA and thus is subject statewide 
to the RACT requirements of CAA sections 182(b)(2) and 182(f), pursuant 
to section 184(b).
    At the time of revocation of the 1997 8-hour ozone NAAQS (effective 
April 6, 2015), only two moderate nonattainment areas remained in the 
Commonwealth of Pennsylvania for this standard, the Philadelphia and 
the Pittsburgh Areas. As required under EPA's anti-backsliding 
provisions, these

[[Page 41429]]

two moderate nonattainment areas continue to be subject to RACT under 
the 1997 8-hour ozone NAAQS. Given its location in the OTR, the 
remainder of the Commonwealth is also treated as moderate nonattainment 
area under the 1997 8-hour ozone NAAQS for any planning requirements 
under the revoked standard, including RACT. The OTR RACT requirement is 
also in effect under the 2008 8-hour ozone NAAQS throughout the 
Commonwealth, since EPA did not designate any nonattainment areas above 
marginal for this standard in Pennsylvania. Thus, in practice, the same 
RACT requirements continue to be applicable in Pennsylvania for both 
the 1997 and 2008 8-hour ozone NAAQS. RACT must be evaluated and 
satisfied as separate requirements under each applicable standard.
    RACT applies to major sources of NOX and VOC under each 
ozone NAAQS or any VOC sources subject to CTG RACT. Which 
NOX 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. Sources located in nonattainment areas 
would be subject to the ``major source'' definitions established under 
the CAA based on the area's current classification(s). In the case of 
Pennsylvania, sources located outside of moderate or above ozone 
nonattainment areas, as part of the OTR, shall be treated as if these 
areas were moderate.
    In Pennsylvania, the SIP program is implemented primarily by the 
PADEP, but also by local air agencies in Philadelphia County (the City 
of Philadelphia's Air Management Services [AMS]) and Allegheny County, 
(the Allegheny County Health Department [ACHD]). These agencies have 
implemented numerous RACT regulations and source-specific measures in 
Pennsylvania to meet the applicable ozone RACT requirements. 
Historically, statewide RACT controls have been promulgated by PADEP in 
Pennsylvania Code Title 25--Environmental Resources, Part I--Department 
of Environmental Protection, Subpart C--Protection of Natural 
Resources, Article III--Air Resources, (25 Pa. Code) Chapter 129. AMS 
and ACHD have incorporated by reference Pennsylvania regulations, but 
have also promulgated regulations adopting RACT controls for their own 
jurisdictions. In addition, AMS and ACHD have submitted, through PADEP, 
separate source-specific RACT determinations as SIP revisions for 
sources within their respective jurisdictions, which have been approved 
by EPA. See 40 CFR 52.2020(d)(1).
    States were required to make RACT SIP submissions for the 1997 8-
hour ozone NAAQS by September 15, 2006. PADEP submitted a SIP revision 
on September 25, 2006, certifying that a number of previously approved 
VOC RACT rules continued to satisfy RACT under the 1997 8-hour ozone 
NAAQS for the remainder of Pennsylvania.\5\ PADEP has met its 
obligations under the 1997 8-hour ozone NAAQS for its CTG and non-CTG 
VOC sources. See 82 FR 31464 (July 7, 2017). RACT control measures 
addressing all applicable CAA RACT requirements under the 1997 8-hour 
ozone NAAQS have been implemented and fully approved in the 
jurisdictions of ACHD and AMS. See 78 FR 34584 (June 10, 2013) and 81 
FR 69687 (October 7, 2016). For the 2008 8-hour ozone NAAQS, states 
were required to submit RACT SIP revisions by July 20, 2014. On May 16, 
2016, PADEP submitted a SIP revision addressing RACT for both the 1997 
and 2008 8-hour ozone NAAQS in Pennsylvania. Specifically, the May 16, 
2016 SIP submittal intended to satisfy sections 182(b)(2)(C), 182(f), 
and 184 of the CAA for both the 1997 and 2008 8-hour ozone NAAQS for 
Pennsylvania's major NOX and VOC non-CTG sources, except 
ethylene production plants, surface active agents manufacturing, and 
mobile equipment repair and refinishing.\6\
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    \5\ The September 15, 2006 SIP submittal initially included 
Pennsylvania's certification of NOX RACT regulations; 
however, NOX RACT portions were withdrawn by PADEP on 
June 27, 2016.
    \6\ EPA's conditional approval of PADEP's May 16, 2016 SIP 
revision covered relevant sources located in both Philadelphia and 
Allegheny County, Pennsylvania.
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D. EPA's Conditional Approval for Pennsylvania's RACT Requirements 
Under the 1997 and 2008 8-Hour Ozone NAAQS

    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 VOC CTG 
RACT and major NOX RACT requirements under the CAA for both 
standards. The SIP revision requested approval of Pennsylvania's 25 Pa. 
Code 129.96-100, Additional RACT Requirements for Major Sources of NOX 
and VOCs (the ``presumptive'' RACT II rule). Prior to the adoption of 
the RACT II rule, Pennsylvania relied on the NOX 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 major sources of VOC and 
NOX. The requirements of the RACT I rule remain in effect 
and continue to be implemented as RACT.\7\ On September 26, 2017, PADEP 
submitted a supplemental SIP revision which committed to address 
various deficiencies identified by EPA in PADEP's May 16, 2016 
``presumptive'' RACT II rule SIP revision.
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    \7\ These requirements were initially approved as RACT for 
Pennsylvania under the 1979 1-hour ozone NAAQS. The RACT I Rule was 
approved by EPA into the SIP on March 23, 1998. 63 FR 13789.
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    On May 9, 2019, EPA conditionally approved the RACT II rule based 
on PADEP's September 26, 2017 commitment letter.\8\ See 84 FR 20274. In 
EPA's final conditional approval, EPA noted that PADEP would be 
required to submit, for EPA's approval, SIP revisions to address any 
facility-wide or system-wide averaging plan 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, specifically May 
9, 2020.
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    \8\ 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, No. 19-2562 (3rd Cir. August 
27, 2020). None of the sources in this proposed rulemaking are 
subject to the three presumptive RACT II provisions at issue in that 
Sierra Club decision.
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    Therefore, as authorized in CAA section 110(k)(3) and (k)(4), 
Pennsylvania was required to submit the following as case-by-case SIP 
revisions, by May 9, 2020, for EPA's approval as a condition of 
approval of 25 Pa. Code 128 and 129 in the May 16, 2016 SIP revision: 
(1) All facility-wide or system-wide averaging plans approved by PADEP 
under 25 Pa. Code 129.98 including, but not limited to, any terms and 
conditions that ensure the enforceability of the averaging plan as a 
practical matter (i.e., any monitoring, reporting, recordkeeping, or 
testing requirements); and (2) all source-specific RACT determinations 
approved by PADEP under 25 Pa. Code 129.99, including any alternative 
compliance schedules approved under 25 Pa. Code 129.97(k) and 
129.99(i); the case-by-case RACT determinations submitted to EPA for 
approval into the SIP should include any terms and conditions that 
ensure the enforceability of the case-by-case or source-specific RACT 
emission limitation as a practical matter (i.e., any monitoring, 
reporting, recordkeeping, or testing requirements). See May 9, 2019 (84 
FR 20274). Through multiple

[[Page 41430]]

submissions between 2017 and 2020, PADEP has submitted to EPA for 
approval various SIP submissions to implement its RACT II case-by-case 
determinations and averaging plans. This proposed rulemaking is based 
on EPA's review of one of these SIP revisions.

II. Summary of SIP Revisions

    In order to satisfy a requirement from EPA's May 9, 2019 
conditional approval, PADEP has submitted to EPA, SIP revisions 
addressing case-by-case RACT requirements for major sources in 
Pennsylvania subject to 25 Pa. Code 129.99. As noted in Table 1 of this 
document, on May 7 2020, PADEP submitted to EPA, a SIP revision 
pertaining to Pennsylvania's case-by-case NOX and/or VOC 
RACT determinations for sources located at numerous major 
NOX and VOC emitting facilities located in the Commonwealth. 
PADEP provided documentation in its SIP revisions to support its case-
by-case RACT determinations for affected emission units at each major 
NOX and VOC emitting facilities subject to 25 Pa. Code 
129.99.
    In the Pennsylvania RACT SIP revision, PADEP included a case-by-
case RACT determination for the existing emissions units at each of 
these major sources of NOX and/or VOC that required a source 
specific RACT determination. In PADEP's RACT determinations an 
evaluation was completed to determine if previously SIP-approved, case-
by-case RACT requirements (herein referred to as RACT I) were more 
stringent and required to be retained in the sources Title V air 
quality permit and subsequently, the Federally-approved SIP, or if the 
new case-by-case RACT requirements are more stringent and supersede the 
previous Federally-approved provisions.
    EPA, in this action, is taking action on sources at twenty-four 
major NOX and/or VOC emitting facilities in Pennsylvania, 
subject to Pennsylvania's case-by-case RACT requirements, as summarized 
in Table 2.

Table 2--Twenty-Four Major NOX and/or VOC Sources in Pennsylvania Subject to Case-by-Case RACT II Under the 1997
                                           and 2008 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                       1-Hour ozone RACT source?    Major source  pollutant     RACT II permit
        Major source (county)                  (RACT I)                (NOX and/or VOC)        (effective date)
----------------------------------------------------------------------------------------------------------------
Anvil International, LLC (formerly    Yes.......................  VOC.......................  36-05019
 Grinnell Corporation) (Lancaster).                                                           (2/1/2019)
ArcelorMittal Plate LLC Conshohocken  Yes.......................  NOX and VOC...............  46-00011
 Plant (formerly Bethlehem Lukens                                                             (1/26/2018)
 Plate) (Montgomery).
Braskem America Inc. Marcus Hook      Yes.......................  VOC.......................  23-00012
 (formerly Epsilon Products Co.--                                                             (3/2/2020)
 Marcus Hook) (Delaware).
Buck Co Inc. Quarryville (formerly    Yes.......................  VOC.......................  36-05053
 Buck Company Inc) (Lancaster).                                                               (4/1/2020)
Calumet Karns City Refining LLC       Yes.......................  VOC.......................  10-027H
 (formerly Penreco--Karns City)                                                               (11/29/2018)
 (Butler).
Clarion Bathware Marble (Clarion)...  No........................  VOC.......................  16-00133
                                                                                              (12/19/2020)
Domtar Paper Company Johnsonburg      Yes.......................  NOX and VOC...............  24-00009
 Mill (formerly Willamette                                                                    (2/25/2020)
 Industries, Johnsonburgh Mill)
 (Elk).
Exelon Generation Company LLC         Yes.......................  NOX.......................  09-00016
 Croydon Generating Station                                                                   (4/11/2018)
 (formerly PECO Energy Co.--Croydon
 Generating Station) (Bucks).
Georgia-Pacific Panel Products LLC    Yes.......................  NOX and VOC...............  42-158R
 Mt. Jewell MDF Plant (McKean).                                                               (1/2/2019)
GE Transportation Grove City Engine   Yes.......................  NOX and VOC...............  43-00196
 (formerly GE Transportation                                                                  (11/7/2019)
 Systems) (Mercer).
GrafTech USA LLC St Marys (formerly   Yes.......................  VOC.......................  24-00012
 The Carbide/Graphite Group, Inc)                                                             (5/1/2019)
 (Elk).
Haysite Reinforced Plastics LLC Erie  No........................  VOC.......................  25-00783
 (Erie).                                                                                      (7/24/2019)
INMETCO Ellwood City (formerly The    Yes.......................  NOX and VOC...............  37-00243
 International Metals Reclamation                                                             (12/6/2019)
 Co) (Lawrence).
International Waxes Inc Farmers       Yes.......................  NOX and VOC...............  42-00011
 Valley (formerly Petrowax Refining)                                                          (2/21/2020)
 (McKean).
Jeld Wen Fiber Division PA            Yes.......................  NOX and VOC...............  08-00003
 (Bradford).                                                                                  (9/21/2018)
Mars Wrigley Confectionery US LLC     Yes.......................  VOC.......................  36-05142
 Elizabethtown (Lancaster).                                                                   (7/18/2019)
Molded Fiber Glass Company Union      Yes.......................  VOC.......................  25-00035
 City (formerly Molded Fiber Glass)                                                           (2/5/2020)
 (Erie).
Monroe Energy LLC Trainer (formerly   Yes.......................  NOX and VOC...............  23-00003
 Conoco Phillips Company) (Delaware).                                                         (6/5/2017)
Nova Chemicals Company Beaver         Yes.......................  VOC.......................  04-00033
 (formerly Nova Chemicals, Inc.)                                                              (4/2/2020)
 (Beaver).
Sasol Chemicals USA LLC (formerly     Yes.......................  VOC.......................  61-00011
 Merisol Antioxidants LLC) (Venango).                                                         (2/16/2020)
Silberline Manufacturing Company      Yes.......................  VOC.......................  54-00041
 Lincoln Drive Plant (formerly                                                                (3/16/2020)
 Silberline Manufacturing Co)
 (Schuylkill).
Superior Tube Company Lower           Yes.......................  VOC.......................  46-00020
 Providence (formerly Superior Tube                                                           (2/5/2020)
 Company) (Montgomery).
Victaulic Company Alburtis Facility   Unknown *.................  VOC.......................  39-00069
 (Lehigh).                                                                                    (10/24/2017)

[[Page 41431]]

 
Victaulic Forks Facility              Unknown **................  VOC.......................  48-0009
 (Northampton).                                                                               (10/24/2017)
----------------------------------------------------------------------------------------------------------------
* PADEP records indicate that Victaulic Company Alburtis Facility may have been subject to RACT I requirements
  because PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
  requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
  files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
  Pennsylvania SIP for Victaulic Alburtis. See PADEP comment and response document dated January 2020.
** PADEP records indicate that Victaulic Forks Facility may have been subject to RACT I requirements because
  PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
  requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
  files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
  Pennsylvania SIP for Victaulic Forks. See PADEP comment and response document dated January 2020.

    The case-by-case RACT determinations submitted by PADEP consist of 
an evaluation of all reasonably available controls at the time of 
evaluation for each affected emissions unit, resulting in a PADEP 
determination of what specific control requirements, if any, satisfy 
RACT for that particular unit. The adoption of new or additional 
controls or the revisions to existing controls as RACT were specified 
as requirements in new or revised Federally enforceable permits 
(hereafter RACT II permits) issued by PADEP to the source. The RACT II 
permits, which revise or adopt additional source-specific controls, 
have been submitted as part of the Pennsylvania RACT SIP revisions for 
EPA's approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). The 
RACT II permits submitted by PADEP are listed in the last column of 
Table 2 of this document, along with the permit effective date, and are 
part of the docket for this rulemaking, which is available online at 
https://www.regulations.gov, Docket No. EPA-R03-OAR-2021-0380.\9\ EPA 
is proposing to incorporate by reference in the Pennsylvania SIP, via 
the RACT II permits, source-specific RACT determinations under the 1997 
and 2008 8-hour ozone NAAQS for certain sources at major NOX 
and VOC emitting facilities.\10\
---------------------------------------------------------------------------

    \9\ The RACT II permits are redacted versions of a facility's 
Federally enforceable permits and reflect the specific RACT 
requirements being approved into the Pennsylvania SIP.
    \10\ While the prior SIP-approved RACT I permit 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.
---------------------------------------------------------------------------

III. EPA's Evaluation of SIP Revisions

    After thorough review and evaluation of the information provided by 
PADEP for sources at twenty-four major NOX and/or VOC 
emitting facilities in Pennsylvania included in its SIP revision 
submittal, EPA finds that PADEP's case-by-case RACT determinations and 
conclusions provided are reasonable and appropriately considered 
technically and economically feasible controls, while setting lowest 
achievable limits. EPA finds that the proposed source-specific RACT 
controls for the sources subject to this rulemaking action adequately 
meet the CAA RACT requirements for the 1997 and 2008 8-hour ozone NAAQS 
for the subject sources of NOX and/or VOC in Pennsylvania, 
as they are not covered by or cannot meet Pennsylvania's presumptive 
RACT regulation.
    EPA also finds that all the proposed revisions to previously SIP 
approved RACT requirements, under the 1979 1-hour ozone standard (RACT 
I), as discussed in PADEP's SIP revisions, will result in equivalent or 
additional reductions of NOX and/or VOC emissions and should 
not interfere with any applicable requirement concerning attainment or 
reasonable further progress with the NAAQS or interfere with other 
applicable CAA requirement in section 110(l) of the CAA.
    EPA's complete analysis of PADEP's case-by-case RACT SIP revisions 
is included in the TSD available in the docket for this rulemaking 
action and available online at https://www.regulations.gov, Docket 
number EPA-R03-OAR-2021-0380.

IV. Proposed Action

    Based on EPA's review, EPA is proposing to approve the Pennsylvania 
SIP revisions for case-by-case RACT determinations for individual 
sources at twenty-four major NOX and VOC emitting facilities 
listed in Table 2 of this document and incorporate by reference in the 
Pennsylvania SIP, via the RACT II permits, source specific RACT 
determinations under the 1997 and 2008 8-hour ozone NAAQS for those 
sources. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action. As EPA views each facility as a separable SIP revision, should 
EPA receive comment on one facility but not others, EPA may take 
separate, final action on the remaining facilities.

V. 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, EPA is proposing to incorporate by 
reference source specific RACT determinations via the RACT II permits 
as described in Sections II and III--Summary of SIP Revisions and EPA's 
Evaluation of SIP Revisions in this document. EPA has made, and will 
continue to make, these materials generally available through https://www.regulations.gov 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).

VI. 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,

[[Page 41432]]

October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 rulemaking, addressing the 
NOX and VOC RACT case-by-case requirements for individual 
sources at twenty-four facilities in Pennsylvania for the 1997 and 2008 
8-hour ozone NAAQS, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: July 22, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-16279 Filed 7-30-21; 8:45 am]
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