[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57400-57403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20107]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0284; FRL-9698-02-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. The revision was submitted by the Pennsylvania Department 
of Environmental Protection (PADEP) to establish and require reasonably 
available control technology (RACT) for sources at 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 rule action, EPA is approving 
source-specific RACT determinations (also referred to as case-by-case 
or CbC) submitted by PADEP for certain VOC sources at Hydro Carbide, a 
facility in Westmoreland County. The RACT evaluation was submitted to 
meet RACT requirements for the 1997 and 2008 8-hour ozone national 
ambient air quality standards (NAAQS). EPA is approving this revision 
to the Pennsylvania SIP in accordance with the requirements of the 
Clean Air Act (CAA) and EPA's implementing regulations.

DATES: This final rule is effective on October 20, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2022-0284. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER

[[Page 57401]]

INFORMATION CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch 
(3AD10), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, Four Penn Center, 1600 John F. Kennedy Boulevard, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2217. Mr. Burger can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 6, 2022, EPA published a notice of proposed rulemaking 
(NPRM). 87 FR 19824. In the NPRM, EPA proposed approval of case-by-case 
VOC RACT determinations for emission units at Hydro Carbide,\1\ as EPA 
found that the RACT controls for these sources met the CAA RACT 
requirements for the 1997 and 2008 8-hour ozone NAAQS. The case-by-case 
RACT determinations for sources at these facilities were included in 
PADEP's May 7, 2020 SIP submission.
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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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    As more fully explained in the NPRM, under certain circumstances, 
states are required to submit SIP revisions to address RACT 
requirements for both major sources of nitrogen oxides (NOX) 
and VOC and any source covered by control technique guidelines (CTG), 
for each ozone NAAQS. 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. NOX sources in Pennsylvania located in any 
ozone attainment areas or in any nonattainment areas designated 
moderate or below are subject to a major source threshold of 100 tons 
per year (tpy) because of the Ozone Transport Region (OTR) requirements 
in CAA section 182(f)(1). See definition of ``Major NOX 
emitting facility'' at 25 Pennsylvania Code 121.1 and 40 CFR 
52.2020(c)(1). Similarly, VOC sources located in any ozone attainment 
areas or in any nonattainment areas designated serious or below are 
subject to a major source threshold of 50 tpy because of the OTR 
requirements in CAA section 184(b)(2). See definition of ``Major VOC 
emitting facility'' at 25 Pa. Code 121.1 and 40 CFR 52.2020(c)(1).
    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 non-CTG 
VOC RACT, VOC CTG RACT, and major source VOC and NOX RACT 
requirements 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 
non-CTG major VOC sources and major NOX sources. The 
requirements of the RACT I rule remain as previously approved in 
Pennsylvania's SIP and continue to be implemented as RACT.\2\ On 
September 26, 2017, PADEP submitted a supplemental SIP revision 
including a letter, dated September 22, 2017, which committed to 
address various deficiencies identified by EPA in PADEP's original May 
16, 2016 ``presumptive'' RACT II rule SIP revision.
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    \2\ The EPA granted conditional limited approval of 
Pennsylvania's case-by-case RACT I rule on March 23, 1998 pending 
Pennsylvania's submission of and EPA's determination on proposals 
for facilities subject to case-by-case (source-specific) RACT 
requirements. 63 FR 13789. On May 3, 2001, EPA removed the 
conditional status of its 1998 approval once the state certified 
that it had submitted case-by-case RACT I proposals for sources 
subject to the RACT requirements but retained the limited nature of 
the approval. 66 FR 22123. EPA granted full approval on October 22, 
2008 once it approved all case-by-case RACT I proposals submitted by 
Pennsylvania. 73 FR 62891. Through this RACT II rule, certain 
source-specific RACT I requirements will be superseded by more 
stringent requirements. See Section II of the preamble to this final 
rule.
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    On May 9, 2019, EPA conditionally approved the RACT II rule based 
on the commitments PADEP made in its September 22, 2017 letter.\3\ 84 
FR 20274. In EPA's final conditional approval, EPA established 
conditions requiring PADEP submit, for EPA's approval, SIP revisions to 
address any facility-wide or system-wide NOX emissions 
averaging plans 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 (i.e., by May 9, 2020). Through multiple 
submissions between 2017 and 2020, PADEP submitted to EPA for approval 
the various SIP submissions to implement its RACT II case-by-case 
determinations and alternative NOX and VOC emissions limits. 
This rule takes final action on a SIP revision for VOC sources at Hydro 
Carbide, based on EPA's review.
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    \3\ 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 final rule are subject to the 
presumptive RACT II provisions at issue in that Sierra Club 
decision.
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II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revisions

    To satisfy a requirement from EPA's May 9, 2019 conditional 
approval, PADEP submitted to EPA SIP revisions addressing alternative 
NOX and VOC emissions limits and/or case-by-case RACT 
requirements for major sources in Pennsylvania subject to 25 Pa. Code 
129.98 or 129.99. PADEP's submission included a SIP revision pertaining 
to case-by-case RACT determinations for the existing VOC emissions 
units at Hydro Carbide that required a case-by-case RACT 
determination.\4\
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    \4\ Hydro Carbide, which currently operates under the major 
source threshold via a facility-wide VOC cap, is subject to 25 Pa. 
Code 129.99 under the applicability provisions of 25 Pa. Code 
129.96, as the facility was a major source in existence on or before 
July 20, 2012.
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    In the case-by-case RACT determinations submitted by PADEP, an 
evaluation was completed to determine if previously SIP-approved, case-
by-case RACT emissions limits or operational controls (herein referred 
to as RACT I and contained in RACT I permits) were more stringent than 
the RACT II presumptive or case-by-case requirements new to the SIP. If 
more stringent, the RACT I requirements would continue to apply to the 
applicable source. If case-by-case RACT II requirements that are new to 
the SIP are more stringent than the RACT I requirements, then the RACT 
II requirements would supersede the prior RACT I requirements.\5\
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    \5\ Hydro Carbide's prior SIP-approved RACT I permit will remain 
part of the SIP, and this RACT II rule will incorporate by reference 
the additional RACT II requirements through the RACT II permit.
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    Here, EPA is approving SIP revisions pertaining to case-by-case 
RACT requirements for certain VOC sources at Hydro Carbide. Hydro 
Carbide is a major source of VOCs and was subject to RACT I under the 
name Fansteel Hydro Carbide. 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 determination of what specific emissions 
limit or control measures satisfy RACT for that particular unit. The 
adoption of additional emissions limits or control measures to existing 
SIP-approved RACT I requirements were specified as

[[Page 57402]]

requirements in a revised federally enforceable permit (hereafter RACT 
II permit) issued by PADEP to Hydro Carbide. The RACT II permit was 
submitted as part of the Pennsylvania RACT SIP revision for EPA's 
approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). The RACT 
II permit being approved in this action for Hydro Carbide (formerly 
Fansteel 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 www.regulations.gov, Docket No. EPA-R03-OAR-2022-
0284.\6\ For certain VOC sources at Hydro Carbide, EPA is incorporating 
by reference in the Pennsylvania SIP the source-specific emissions 
limits and control measures in the RACT II permit, and is determining 
that these provisions satisfy the RACT requirement under the 1997 and 
2008 8-hour ozone NAAQS.
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    \6\ The RACT II permit included in the docket for this rule is a 
redacted version of the facilities' federally enforceable permit. It 
reflects the specific RACT requirements being approved into the 
Pennsylvania SIP via this final action.
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B. EPA's Final Action

    This CbC RACT SIP revision incorporates determinations by PADEP of 
source-specific RACT II controls for individual VOC emission units at 
Hydro Carbide, where those units are not covered by or cannot meet 
Pennsylvania's presumptive RACT regulation. After thorough review and 
evaluation of the information submitted to EPA by PADEP, in its SIP 
revision submittals for sources at Hydro Carbide, EPA found that: (1) 
PADEP's case-by-case RACT determinations and conclusions establish 
limits and/or controls on individual sources that are reasonable and 
appropriately considered technically and economically feasible 
controls; and (2) PADEP's determinations are consistent with the CAA, 
EPA regulations, and applicable EPA guidance.
    EPA proposed to find that all the proposed revisions for Hydro 
Carbide would result in equivalent or additional reductions of VOC 
emissions. Consistent with section 110(l) of the CAA the proposed 
revisions will not result in additional VOC emissions and thus should 
not interfere with any applicable requirement concerning attainment.
    Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS 
case-by-case RACT determinations and the rationale for EPA's proposed 
action are explained more thoroughly in the NPRM, and its associated 
technical support document (TSD), and will not be restated here.

III. Public Comments

    EPA received two sets of comments on the April 6, 2022 NPRM. 87 FR 
19824. One set of comments expresses support for this SIP revision, and 
thus no response is necessary. The second set of comments raises 
general policy considerations not directly relevant to the SIP 
revision, does not identify any defects, and does not raise any issues 
concerning the SIP revision's consistency with the CAA with sufficient 
specificity to determine its relevance to this action. Thus, no 
response is necessary. A copy of the comments can be found in the 
docket for this rule action.

IV. Final Action

    EPA is approving case-by-case RACT determinations for certain VOC 
sources at Hydro Carbide, as required to meet obligations pursuant to 
the 1997 and 2008 8-hour ozone NAAQS, as revisions to the Pennsylvania 
SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations under the 1997 and 2008 8-hour ozone NAAQS 
for certain VOC emission sources at one facility in Pennsylvania, as 
discussed in Section II. of this preamble. EPA has made, and will 
continue to make, these materials generally available through 
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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rule of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\7\
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    \7\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    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 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides

[[Page 57403]]

that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule, to each 
House of the Congress and to the Comptroller General of the United 
States. Section 804, however, exempts from section 801 the following 
types of rules: Rules of particular applicability; rules relating to 
agency management or personnel; and rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). Because this is a 
rule of particular applicability, EPA is not required to submit a rule 
report regarding this action under section 801.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 21, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action approving Pennsylvania's VOC RACT requirements for 
one facility for the 1997 and 2008 8-hour ozone NAAQS may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons set out in the preamble, 40 CFR part 52 is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (d)(1) is amended by:
0
a. Revising the entry ``Fansteel Hydro Carbide''; and
0
b. Adding an entry at the end of the table for ``Hydro Carbide Tool 
Company (formerly referenced as Fansteel Hydro Carbide)''.
    The revision and addition read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (d) * * *
    (1) * * *

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                                                                                            State                               Additional explanations/
            Name of source                 Permit No.                County               effective       EPA approval date        Sec.  Sec.   52.2063
                                                                                             date                                and 52.2064  citations
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                                                                      * * * * * * *
Fansteel Hydro Carbide................   (OP)65-000-860  Westmoreland..................     12/12/97  10/17/01, 66 FR 52700...  See also 52.2064(k)(1).
 
                                                                      * * * * * * *
Hydro Carbide Tool Company (formerly           65-00860  Westmoreland..................     11/15/19  9/20/22, [INSERT Federal  52.2064(k)(1).
 referenced as Fansteel Hydro Carbide).                                                                Register CITATION].
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\1\ The cross-references that are not Sec.   52.2064 are to material that pre-date the notebook format. For more information, see Sec.   52.2063.

* * * * *

0
3. Amend Sec.  52.2064 by adding paragraph (k) to read as follows:


Sec.  52.2064  EPA-approved Source Specific Reasonably Available 
Control Technology (RACT) for Volatile Organic Compounds (VOC) and 
Oxides of Nitrogen (NOX).

* * * * *
    (k) Approval of source-specific RACT requirements for 1997 and 2008 
8-hour ozone national ambient air quality standards for Hydro Carbide 
Tool Company is incorporated as specified. (Rulemaking Docket No. EPA-
OAR-2022-0284.)
    (1) Hydro Carbide Tool Company--Incorporating by reference Permit 
No. 65-00860, effective November 15, 2019, as redacted by Pennsylvania. 
All permit conditions in the prior RACT Permit No. OP-65-000-860, 
effective December 12, 1997, remain as RACT requirements. See also 
Sec.  52.2063(c)(178)(i)(B)(7), for prior RACT approval.
    (2) [Reserved]

[FR Doc. 2022-20107 Filed 9-19-22; 8:45 am]
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