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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 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
based on the areas current classifications. In the case of Pennsylvania, sources located outside of moderate or above ozone 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 ACHD have submitted, through PADEP, separate source-specific RACT
determinations as SIP revisions for sources within their respective
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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
8-hour 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
8-hour 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 for 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 for both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEPs May 16, 2016 SIP revision intended to address certain outstanding 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 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 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 in both Philadelphia and Allegheny County, Pennsylvania.

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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 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 PADEPs 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 limitation as a practical matter i.e., any monitoring, reporting, recordkeeping, or testing requirements. See May 9, 2019
84 FR 20274. Through multiple 7 These requirements were initially approved as RACT for Pennsylvania under the 1979 1-hour ozone NAAQS. The RACT I Rule was approved by EPA into the SIP on March 23, 1998. 63 FR 13789.
8 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, No. 192562 3rd Cir.
August 27, 2020. None of the sources in this proposed rulemaking are subject to the three presumptive RACT II provisions at issue in that Sierra Club decision.

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