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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200597; FRL887302
R3

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 1997
and 2008 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency EPA.
ACTION: Final rule.

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AGENCY:

available through https
www.regulations.gov, or please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Ms.
Emily Bertram, Permits Branch 3AD10, Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215 8145273.
Ms. Bertram can also be reached via electronic mail at bertram.emily@
epa.gov.
SUPPLEMENTARY INFORMATION:

I. Background On February 11, 2021, EPA published SUMMARY: The Environmental Protection a notice of proposed rulemaking Agency EPA is approving multiple NPRM. 86 FR 9031. In the NPRM, EPA
state implementation plan SIP
proposed approval of case-by-case revisions submitted by the RACT determinations or alternative Commonwealth of Pennsylvania. These NOX emissions limits for eight sources revisions were submitted by the included in the subject SIP submission Pennsylvania Department of for the 1997 and 2008 8-hour ozone Environmental Protection PADEP to NAAQS. The case-by-case RACT
establish and require reasonably available control technology RACT for determinations and alternative NOX
emissions limits for these sources were nine major sources of volatile organic included in a SIP revision submitted by compounds VOC and/or nitrogen PADEP on March 9, 2020.
oxides NOX pursuant to the Under certain circumstances, states Commonwealth of Pennsylvanias are required to submit SIP revisions to conditionally approved RACT
address RACT requirements for major regulations. In this rulemaking action, sources of NOX and VOC, and any EPA is only approving source-specific source covered by control technique also referred to as case-by-case guidelines CTG, for each ozone RACT determinations or alternative NAAQS. Which NOX and VOC sources NOX emissions limits for sources at in Pennsylvania are considered major, eight major NOX and VOC emitting and therefore to be addressed for RACT
facilities within the Commonwealth revisions, is dependent on the location submitted by PADEP. These RACT
of each source within the evaluations were submitted to meet Commonwealth. Sources located in RACT requirements for the 1997 and nonattainment areas would be subject to 2008 8-hour ozone national ambient air the major source definitions quality standards NAAQS. EPA is established under the CAA based on the approving these revisions to the areas current classifications. In Pennsylvania SIP in accordance with Pennsylvania, sources located outside of the requirements of the Clean Air Act moderate or above ozone nonattainment CAA and EPAs implementing areas are subject to the major source regulations.
threshold of 50 tons per year tpy DATES: This final rule is effective on because of the Ozone Transport Region October 1, 2021.
OTR requirements in CAA section ADDRESSES: EPA has established a 184b2.
On May 16, 2016, PADEP submitted docket for this action under Docket ID
Number EPAR03OAR20200597. All a SIP revision addressing RACT for both the 1997 and 2008 8-hour ozone documents in the docket are listed on NAAQS in Pennsylvania. PADEPs May the https www.regulations.gov 16, 2016 SIP revision intended to website. Although listed in the index, address certain outstanding VOC CTG
some information is not publicly RACT and major source VOC and NOX
available, e.g., confidential business information CBI or other information RACT requirements for both standards.
whose disclosure is restricted by statute. The SIP revision requested approval of Certain other material, such as Pennsylvanias 25 Pa. Code 129.96100, copyrighted material, is not placed on Additional RACT Requirements for the internet and will be publicly Major Sources of NOX and VOCs the available only in hard copy form.
presumptive RACT II rule. Prior to Publicly available docket materials are the adoption of the RACT II rule,
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Pennsylvania relied on the NOX and VOC control measures in 25 Pa. Code 129.9295, 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 approved into Pennsylvanias SIP and continue to be implemented.1 On September 26, 2017, PADEP submitted a supplemental SIP
revision, dated September 22, 2017, which committed to address various deficiencies identified by EPA in PADEPs May 16, 2016 presumptive RACT II rule SIP revision.
On May 9, 2019, EPA conditionally approved the RACT II rule based on the commitments PADEP made in its September 22, 2017 supplemental SIP
revision.2 84 FR 20274. In EPAs final conditional approval, EPA noted that PADEP would be required to submit, for EPAs approval, SIP revisions to address any facility-wide or system-wide NOX
emissions averaging plans approved under 25 Pa. Code 129.98 and any caseby-case RACT determinations under 25
Pa. Code 129.99. PADEP committed to submitting these additional SIP
revisions within 12 months of EPAs final conditional approval, specifically May 9, 2020. 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 alternative NOX
emissions limits. This rulemaking is based on EPAs review of one of these SIP revisions.
II. Summary of SIP Revision and EPA
Analysis A. Summary of SIP Revision To satisfy a requirement from EPAs May 9, 2019 conditional approval, PADEP submitted to EPA SIP revisions addressing alternative NOX emissions limits and/or case-by-case RACT
requirements for major sources in Pennsylvania subject to 25 Pa. Code 129.98 or 129.99. In the Pennsylvania RACT SIP revisions, PADEP included a case-by-case RACT determination for the existing emissions units at each of the major sources of NOX and/or VOC
1 The RACT I Rule was approved by EPA into the Pennsylvania SIP on March 23, 1998. 63 FR 13789.
Through this rulemaking, certain source-specific RACT I requirements will be superseded by more stringent requirements. See Section II of the preamble to this Final Rule.
2 On August 27, 2020, the Third Circuit Court of Appeals issued a decision vacating EPAs approval of three provisions of Pennsylvanias 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 rulemaking are subject to the three presumptive RACT II provisions at issue in that Sierra Club decision.

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