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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules
TABLE 1PADEP SIP SUBMITTALS FOR MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO SOURCESPECIFIC RACT UNDER THE 1997 AND 2008 8-HOUR OZONE STANDARD
SIP submittal date
Major source county
3/9/2020

Volvo Construction Equipment North America Franklin.
National Fuel Gas Supply CorporationRoystone Compressor Station Warren.
Montour, LLC Montour.a E.I DuPont de Nemours and Co. Bradford.
Carmeuse Lime Inc. Lebanon.
Kovatch Mobile Equipment Corp. Carbon.
Merck, Sharpe & Dohme Corp. formerly Merck and Co., Inc.West Point Facility Montgomery.
Letterkenny Army Depot formerly Department of the Army Franklin.
Fairless Energy, LLC Bucks.

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will be taking action on this source in a future rulemaking action.

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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 PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE 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 8hour ozone NAAQS: AllentownBethlehem-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
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planning requirements continue to be in effect under the revoked standard for nonattainment areas under the 1997 8hour 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 172c1 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 182b2 of the CAA
sets forth additional RACT requirements for ozone nonattainment areas classified as moderate or higher. Section 182b2
of the CAA sets forth requirements regarding RACT for the ozone NAAQS
for VOC sources. Section 182f subjects major stationary sources of NOX to the same RACT requirements applicable to major stationary sources of VOC.1
Section 184b1B of the CAA
applies the RACT requirements in section 182b2 to nonattainment areas classified as marginal and to attainment areas located within ozone transport regions established pursuant to section 184 of the CAA. Section 184a 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 1 A major source is defined based on the sources 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 182cf and 302 of the CAA.

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is defined based on the sources 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 182cf and 302 of the CAA.
Since the 1970s, 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
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 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
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.
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.

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