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

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
52.2020d1.
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.5
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 8hour 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 8hour 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 under both the 1997
and 2008 8-hour ozone NAAQS in Pennsylvania. Specifically, the May 16, 2016 SIP submittal intended to satisfy sections 182b2C, 182f, and 184 of the CAA for both the 1997 and 2008 8hour ozone NAAQS for Pennsylvanias major NOX and VOC non-CTG sources, except ethylene production plants, surface active agents manufacturing, and mobile equipment repair and refinishing.6
D. EPAs Conditional Approval for Pennsylvanias RACT Requirements Under the 1997 and 2008 8-Hour Ozone NAAQS
On May 16, 2016, PADEP submitted a SIP revision addressing RACT under both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEPs May 16, 2016 SIP revision intended to address certain outstanding non-CTG
VOC RACT, VOC CTG RACT, and major NOX RACT requirements under the CAA for both standards. The SIP
revision requested approval of Pennsylvanias 25 Pa. Code 129.96100, Additional RACT Requirements for
5 The September 15, 2006 SIP submittal initially included Pennsylvanias certification of NOX RACT
regulations; however, NOX RACT portions were withdrawn by PADEP on June 27, 2016.
6 EPAs conditional approval of PADEPs May 16, 2016 SIP revision covered relevant sources located
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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 129.9295, 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 in effect and continue to be implemented as RACT.7 On September 26, 2017, PADEP submitted a supplemental SIP revision which committed to address various deficiencies identified by EPA in their May 16, 2016 presumptive RACT II
rule SIP revision.
On May 9, 2019, EPA conditionally approved the RACT II rule based on PADEPs September 26, 2017
commitment letter.8 See 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 averaging plan 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.
Therefore, as authorized in CAA
section 110k3 and k4, Pennsylvania was required to submit the following as case-by-case SIP
revisions, by May 9, 2020, for EPAs 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 sourcespecific RACT determinations approved by PADEP under 25 Pa. Code 129.99, including any alternative compliance schedules approved under 25 Pa. Code 129.97k and 129.99i; 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
in both Philadelphia and Allegheny County, Pennsylvania.
7 These requirements were initially approved as RACT for Pennsylvania under the 1979 1-hour ozone NAAQS.
8 On August 27, 2020, the Third Circuit Court of Appeals vacated three provisions of Pennsylvanias
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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 EPAs review of one of these SIP
revisions.
II. Summary of SIP Revisions In order to satisfy a requirement from EPAs 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. As noted in Table 1 of this document, on May 7, 2020, PADEP
submitted to EPA, a SIP revision pertaining to Pennsylvanias case-bycase NOX and/or VOC RACT
determinations for sources located at numerous major NOX and VOC emitting facilities located in the Commonwealth.
PADEP provided documentation in its SIP revisions to support its case-by-case RACT determinations for affected emission units at each major NOX and VOC emitting facilities subject to 25 Pa.
Code 129.99.
In the Pennsylvania RACT SIP
revision, PADEP included a case-bycase RACT determination for the existing emissions units at each of these major sources of NOX and/or VOC that required a source specific RACT
determination. In PADEPs 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 sources 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 Federallyapproved provisions.
EPA, in this action, is taking action on sources at fourteen major NOX and/or VOC emitting facilities in Pennsylvania, subject to Pennsylvanias case-by-case RACT requirements, as summarized in Table 2.

presumptive RACT II rule applicable to certain coal-fired power plants. Sierra Club v. EPA, No. 19
2562 3rd Cir. August 27, 2020. None of the sources in this proposed rulemaking are subject to the presumptive RACT II provisions at issue in the Sierra Club decision.

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