[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Proposed Rules]
[Pages 19824-19828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07219]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0284; FRL-9698-01-R3]
Approval and Promulgation of Air Quality Plans; Pennsylvania;
Reasonably Available Control Technology (RACT) Determinations for Hydro
Carbide Tool Company's 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 a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This revision was submitted by the
Pennsylvania Department of Environmental Protection (PADEP) to
establish and require reasonably available control technology (RACT)
for Hydro Carbide Tool Company (Hydro Carbide), a major source of
volatile organic compounds (VOC), 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 submitted by PADEP
for VOC sources at Hydro Carbide. This RACT evaluation was 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 May 6, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0284 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. 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 nitrogen oxides (NOX)
and/or VOC RACT for sources at numerous major NOX and VOC
emitting facilities located in the Commonwealth, including Hydro
[[Page 19825]]
Carbide \1\, which is located in Westmoreland County. This SIP revision
is intended to address the facility's VOC RACT requirements under
sections 182 and 184 of the CAA for the 1997 and 2008 8-hour ozone
NAAQS.
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\1\ Within the material submitted by PADEP, this company is
sometimes referred to as Hydro Carbide Inc.
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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-2022-
0284.
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 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.\2\
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\2\ 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.\3\
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\3\ 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.\4\ 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
[[Page 19826]]
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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\4\ 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.\5\ 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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\5\ 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, 882 F. 3d
(D.C. Cir. 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 (80 FR
12264, March 6, 2015 (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 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.\6\ 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,
[[Page 19827]]
except ethylene production plants, surface active agents manufacturing,
and mobile equipment repair and refinishing.\7\
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\6\ 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.
\7\ 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.\8\ 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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\8\ 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.\9\ 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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\9\ On August 27, 2020, the Third Circuit Court of Appeals
issued a decision vacating EPA's approval of three provisions of
Pennsylvania's presumptive RACT II rule applicable to certain coal-
fired power plants. Sierra Club v. EPA, 972 F, 3d 290 (3d Cir.
2020). 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 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. On May 7, 2020, PADEP
submitted to EPA, a SIP revision pertaining to Pennsylvania's case-by-
case VOC RACT determinations for sources located at Hydro Carbide, a
major VOC emitting facility located in the Commonwealth. PADEP provided
documentation in its SIP revision to support its case-by-case RACT
determinations for affected emission units subject to 25 Pa. Code
129.99 at Hydro Carbide. The facility was previously subject to RACT I
under the 1979 1-hour ozone standard.
In the Pennsylvania RACT SIP revision, PADEP included case-by-case
RACT determinations for the existing emissions units at Hydro Carbide
that required a source specific VOC 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
facility's 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.
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 facility. 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 permit submitted by PADEP for Hydro Carbide is permit number
65-00860, effective November 15, 2019, and is part of the docket for
this rulemaking, which is available online at https://www.regulations.gov, Docket No. EPA-R03-OAR-2022-0284.\10\ EPA is
proposing to incorporate by reference in the Pennsylvania SIP, via the
RACT II permit, source-specific RACT determinations under the 1997 and
2008 8-hour ozone NAAQS for certain VOC sources at Hydro Carbide.\11\
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\10\ The RACT II permit is a redacted version of the facility's
Federally enforceable permits and reflect the specific RACT
requirements being approved into the Pennsylvania SIP.
\11\ 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.
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III. EPA's Evaluation of SIP Revisions
After thorough review and evaluation of the information provided by
PADEP for Hydro Carbide 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-
[[Page 19828]]
hour ozone NAAQS for the subject sources of 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 revision
for Hydro Carbide 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-2022-0284.
IV. Proposed Action
Based on EPA's review, EPA is proposing to approve the Pennsylvania
SIP revision for case-by-case RACT determinations for individual
sources at Hydro Carbide and incorporate by reference in the
Pennsylvania SIP, via the RACT II permit, 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.
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 permit 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, 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 Hydro Carbide 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 Pennsylvania, 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: March 29, 2022.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-07219 Filed 4-5-22; 8:45 am]
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