Federal Register - November 1, 2021
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Source: Federal Register
60170
Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Mr.
Riley Burger, Permits Branch 3AD10, Air and Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215 8142217.
Mr. Burger can also be reached via electronic mail at burger.riley@epa.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
40 CFR Part 52
EPAR03OAR20200598; FRL906202
R3
Air Plan Approval; Pennsylvania;
Reasonably Available Control Technology RACT Determinations for Case-by-Case Sources Under the 2008
8-Hour Ozone National Ambient Air Quality Standards
I. Background
Environmental Protection Agency EPA.
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
On February 9, 2021, EPA published a notice of proposed rulemaking NPRM. 86 FR 8743. In the NPRM, EPA
proposed approval of case-by-case SUMMARY: The Environmental Protection RACT determinations or alternative Agency EPA is approving multiple NOX emissions limits for sources at nine state implementation plan SIP
facilities in Philadelphia County, as revisions submitted by the EPA found that the RACT controls for Commonwealth of Pennsylvania. These these sources met the CAA RACT
revisions were submitted by the requirements for the 2008 8-hour ozone Pennsylvania Department of NAAQS. PADEP, on behalf of Environmental Protection PADEP to Philadelphia Air Management Services establish and require reasonably AMS, submitted the SIP revisions for available control technology RACT for sources at these facilities on May 7, individual major sources of volatile 2020.
organic compounds VOC and nitrogen Under certain circumstances, states oxides NOX pursuant to the are required to submit SIP revisions to Commonwealth of Pennsylvanias address RACT requirements for both conditionally approved RACT
major sources of NOX and VOC and any regulations. In this rule action, EPA is source covered by control technique approving source-specific RACT
guidelines CTG for each ozone determinations case-by-case or NAAQS. Which NOX and VOC sources alternative NOX emissions limits for in Pennsylvania are considered major, sources at nine major NOX and VOC
and are therefore subject to RACT, is emitting facilities located in dependent on the location of each Philadelphia County. These RACT
source within the Commonwealth.
evaluations were submitted to meet Sources located in nonattainment areas RACT requirements for the 2008 8-hour would be subject to the major source ozone national ambient air quality definitions established under the CAA
standard NAAQS. EPA is approving based on the areas current these revisions to the Pennsylvania SIP
classifications. In Pennsylvania, in accordance with the requirements of sources located in any ozone the Clean Air Act CAA and EPAs nonattainment areas outside of implementing regulations.
moderate or above are subject to source DATES: This final rule is effective on thresholds of 50 tons per year tpy December 1, 2021.
because of the Ozone Transport Region ADDRESSES: EPA has established a OTR requirements in CAA section docket for this action under Docket ID
184b2.
On May 16, 2016, PADEP submitted Number EPAR03OAR20200598. All a SIP revision addressing RACT for both documents in the docket are listed on the 1997 and 2008 8-hour ozone the https www.regulations.gov NAAQS in Pennsylvania. PADEPs May website. Although listed in the index, 16, 2016 SIP revision intended to some information is not publicly address certain outstanding non-CTG
available, e.g., confidential business VOC RACT, VOC CTG RACT, and major information CBI or other information whose disclosure is restricted by statute. source VOC and NOX RACT
Certain other material, such as requirements for both standards. The copyrighted material, is not placed on SIP revision requested approval of the internet and will be publicly Pennsylvanias 25 Pa. Code 129.96100, available only in hard copy form.
Additional RACT Requirements for Publicly available docket materials are Major Sources of NOX and VOCs the available through https
presumptive RACT II rule. Prior to www.regulations.gov, or please contact the adoption of the RACT II rule, the person identified in the FOR FURTHER Pennsylvania relied on the NOX and
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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 as previously approved in Pennsylvanias SIP and continue to be implemented as RACT.1 On September 26, 2017, PADEP submitted a letter, 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 letter.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 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 i.e., by 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 NOX
averaging plan limits. This rule is based on EPAs review of one of these SIP
submissions.
The SIP revisions in this action only establish 2008 8-hour ozone NAAQS
RACT requirements. Applicable RACT
requirements under the CAA for sources located in Philadelphia for the 1997 8hour ozone NAAQS were previously satisfied. See 81 FR 69687 October 7, 2016.
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 NOX averaging plan limits and/or case-by-case RACT requirements for major sources in Pennsylvania 1 The RACT I Rule was approved by EPA into the Pennsylvania SIP on March 23, 1998. 63 FR 13789.
Through this rule, certain source-specific RACT I
requirements will be superseded by more stringent requirements. See Section II of this preamble.
2 On August 27, 2020, the Third Circuit Court of Appeals vacated three provisions of Pennsylvanias 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 rule are subject to the presumptive RACT II
provisions at issue in the Sierra Club decision.
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