Quiero saber acerca de...

Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

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 8hour 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 51.1100o. 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 8hour 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 8hour ozone NAAQS and the 2008 8hour ozone NAAQS.
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 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, No. 151115 D.C. Cir. February 16, 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.

VerDate Sep<11>2014

16:46 Jul 30, 2021

Jkt 253001

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
12279 March 6, 2015.
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 182b2
and 182f. 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 182b2 and 182f, pursuant to section 184b.
At the time of revocation of the 1997
8-hour ozone NAAQS effective April 6, 4 EPAs NO RACT guidance Nitrogen Oxides X
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 EPAs January 2001 economic incentive program guidance titled Improving Air Quality with Economic Incentive Programs, available at http
www.epa.gov/ttn/oarpg/t1/memoranda/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.

PO 00000

Frm 00014

Fmt 4702

Sfmt 4702

41423

2015, only two moderate nonattainment areas remained in the Commonwealth of Pennsylvania for this standard, the Philadelphia and the Pittsburgh Areas. As required under EPAs 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.
In the case of Pennsylvania, sources located in any areas outside of moderate or above 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 Philadelphias 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 CProtection of Natural Resources, Article IIIAir 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
E:FRFM02AUP1.SGM

02AUP1