[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3666-3673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27232]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0217; FRL-9290-02-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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
multiple state implementation plan (SIP) revisions submitted by the 
Commonwealth of Pennsylvania. These revisions were submitted by the 
Pennsylvania Department of Environmental Protection (PADEP) to 
establish and require reasonably available control technology (RACT) 
for 14 major volatile organic compound (VOC) and/or nitrogen oxide 
(NOX) emitting facilities pursuant to the Commonwealth of 
Pennsylvania's conditionally approved RACT regulations. In this rule 
action, EPA is approving source-specific (also referred to as ``case-
by-case'' or CbC) RACT determinations or alternative NOX 
emissions limits for sources at 14 major NOX and VOC 
emitting facilities within the Commonwealth submitted by PADEP. These 
RACT evaluations were submitted to meet RACT requirements for the 1997 
and 2008 8-hour ozone national ambient air quality standards (NAAQS). 
EPA is approving these revisions to the Pennsylvania SIP in accordance 
with the requirements of the Clean Air Act (CAA) and EPA's implementing 
regulations.

DATES: This final rule is effective on February 24, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-EPA-R03-OAR-2021-0217. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are 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. Gwendolyn Supplee, Permits Branch 
(3AD10), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2763. Ms. Supplee can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 2, 2021, EPA published a notice of proposed rulemaking 
(NPRM). 86 FR 41421. In the NPRM, EPA proposed approval of case-by-case 
RACT determinations or alternative NOX emissions limits for 
sources 14 facilities, as EPA found that the RACT controls for these 
sources met the CAA RACT requirements for the 1997 and 2008 8-hour 
ozone NAAQS. PADEP submitted the SIP revisions for sources at these 
facilities on May 7, 2020.
    Under certain circumstances, states are required to submit SIP 
revisions to address RACT requirements for both major sources of 
NOX and VOC and any source covered by control technique 
guidelines (CTG) for each ozone NAAQS. 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 area's current classification(s). In Pennsylvania, sources located 
in any ozone nonattainment areas outside of moderate or above are 
subject to source thresholds of 50 tons per year (tpy) because of the 
Ozone Transport Region (OTR) requirements in CAA section 184(b)(2).
    On May 16, 2016, PADEP submitted a SIP revision addressing RACT for 
both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEP's May 
16, 2016 SIP revision intended to address certain outstanding non-CTG 
VOC RACT, VOC CTG RACT, and major source VOC and NOX RACT 
requirements for both standards. The SIP revision requested approval of 
Pennsylvania's 25 Pa. Code 129.96-100, 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 129.92-95, 
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 
Pennsylvania's SIP and continue to be

[[Page 3667]]

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 PADEP's May 16, 2016 ``presumptive'' 
RACT II rule SIP revision.
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    \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 the preamble to this final 
rule.
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    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 EPA's final conditional approval, EPA noted that PADEP 
would be required to submit, for EPA's approval, SIP revisions to 
address any facility-wide or system-wide NOX emissions 
averaging plans approved under 25 Pa. Code 129.98 and any case-by-case 
RACT determinations under 25 Pa. Code 129.99. PADEP committed to 
submitting these additional SIP revisions within 12 months of EPA's 
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 alternative NOX emissions limits. This 
rule is based on EPA's review of one of these SIP revisions.
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    \2\ On August 27, 2020, the Third Circuit Court of Appeals 
issued a decision vacating EPA's approval of three provisions of 
Pennsylvania's 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 final rule are subject to the 
presumptive RACT II provisions at issue in that Sierra Club 
decision.
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II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    To satisfy a requirement from EPA's 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. Among the Pennsylvania RACT SIP revisions submitted by PADEP 
were case-by-case RACT determinations and alternative NOX 
emissions limits for the existing emissions units at each of the major 
sources of NOX and/or VOC that required a source-specific 
RACT determination or alternative NOX emissions limits for 
major sources seeking such limits.
    In PADEP's case-by-case RACT determinations, an evaluation was 
completed to determine if previously SIP-approved, case-by-case RACT 
emissions limits or operational controls (herein referred to as RACT I 
and contained in RACT I permits) were more stringent than the new RACT 
II presumptive or case-by-case requirements. If more stringent, the 
RACT I requirements will continue to apply to the applicable source. If 
the new case-by-case RACT II requirements are more stringent than the 
RACT I requirements, then the RACT II requirements will supersede the 
prior RACT I requirements.\3\
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    \3\ While the prior SIP-approved RACT I permit will remain part 
of the SIP, this RACT II rule will incorporate by reference the RACT 
II requirements through the RACT II permit and clarify the ongoing 
applicability of specific conditions in the RACT I permit.
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    In PADEP's RACT determinations involving NOX averaging, 
an evaluation was completed to determine that the aggregate 
NOX emissions emitted by the air contamination sources 
included in the facility-wide or system-wide NOX emissions 
averaging plan using a 30-day rolling average are not greater than the 
NOX emissions that would be emitted by the group of included 
sources if each source complied with the applicable presumptive 
limitation in 25 Pa. Code 129.97 on a source-specific basis.
    Here, EPA is approving SIP revisions pertaining to case-by-case 
RACT requirements and/or alternative NOX emissions limits 
for sources at 14 major NOX and/or VOC emitting facilities 
in Pennsylvania, as summarized in Table 1 in this document.

  Table 1--Fourteen Major NOX and/or VOC Sources in Pennsylvania Subject to Case-by-Case RACT II Determinations
                                   Under the 1997 and 2008 8-Hour Ozone NAAQS
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                                                                  Major source
       Major source (county)            1-Hour ozone RACT    pollutant (NOX and/or    RACT II permit (effective
                                        source? (RACT I)              VOC)                      date)
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Dart Container Corporation of        Yes...................  VOC..................         36-05117 (10/15/2020)
 Pennsylvania--East Lampeter
 (Lancaster).
Dart Container Corporation of        Yes...................  NOX and VOC..........         36-05015 (03/30/2020)
 Pennsylvania--Leola (Lancaster).
Latrobe Specialty Metals--A          Yes...................  NOX..................         65-00016 (02/26/2020)
 Carpenter Co (Westmoreland).
ATI Flat Rolled Products Holdings,   Yes...................  NOX..................                      65-00137
 LLC (Westmoreland).
CONSOL Pennsylvania Coal Company,    Yes...................  VOC..................                     30-00072L
 LLC (Greene).
IPSCO Koppel Tubular Corporation--   No....................  NOX..................                      04-00227
 IPSCO Ambridge (Beaver).
IPSCO Koppel Tubular Corporation--   Yes...................  NOX and VOC..........         04-00059 (03/16/2020)
 IPSCO Koppel (Beaver).
MarkWest Liberty Bluestone Plant     No....................  VOC..................                      10-00368
 (Butler).
York Group Inc.--Black Bridge Rd     Yes...................  VOC..................                     67-05014C
 (York).
Omnova Solutions Inc--Jeannette      Yes...................  VOC..................         65-00207 (02/06/2020)
 Plant (Westmoreland).
Jessop Steel LLC--Washington Plant   Yes...................  NOX..................         63-00027 (03/11/2020)
 (Washington).
Kawneer Commercial Windows LLC       Yes...................  VOC..................         10-00267 (03/04/2020)
 (Butler).
Tennessee Gas Pipeline Co., LLC,     Yes...................  NOX and VOC..........          27-015A (12/07/2018)
 Marienville STA 307 (Forest).
Mack Truck--Macungie (Lehigh)......  Yes...................  NOX and VOC..........         39-00004 (04/03/2020)
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[[Page 3668]]

    The case-by-case RACT determinations submitted by PADEP consist of 
an evaluation of all reasonably available controls at the time of 
evaluation for each affected emissions unit, resulting in a PADEP 
determination of what specific emissions limit or control measures 
satisfy RACT for that particular unit. The adoption of new, additional, 
or revised emissions limits or control measures to existing SIP-
approved RACT I requirements were specified as requirements in new or 
revised federally enforceable permits (hereafter RACT II permits) 
issued by PADEP to the source. Similarly, PADEP's determinations of 
alternative NOX emissions limits are included in RACT II 
permits. These RACT II permits have been submitted as part of the 
Pennsylvania RACT SIP revisions for EPA's approval in the Pennsylvania 
SIP under 40 CFR 52.2020(d)(1). The RACT II permits submitted by PADEP 
are listed in the last column of Table 1 of this preamble, along with 
the permit effective date, and are part of the docket for this rule, 
which is available online at https://www.regulations.gov, Docket No. 
EPA-R03-OAR-2021-0217.\4\ EPA is incorporating by reference in the 
Pennsylvania SIP, via the RACT II permits, source-specific RACT 
emissions limits and control measures and alternative NOX 
emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain 
major sources of NOX and VOC emissions.
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    \4\ The RACT II permits included in the docket for this rule are 
redacted versions of the facilities' federally enforceable permits. 
They reflect the specific RACT requirements being approved into the 
Pennsylvania SIP via this final action.
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B. EPA's Final Action

    PADEP's SIP revisions incorporate its determinations of source-
specific RACT II controls for individual emission units at major 
sources of NOX and/or VOC in Pennsylvania, where those units 
are not covered by or cannot meet Pennsylvania's presumptive RACT 
regulation or where included in a NOX emissions averaging 
plan. After thorough review and evaluation of the information provided 
by PADEP in its SIP revision submittals for sources at 14 major 
NOX and/or VOC emitting facilities in Pennsylvania, EPA 
found that: (1) PADEP's case-by-case RACT determinations and 
conclusions establish limits and/or controls on individual sources that 
are reasonable and appropriately considered technically and 
economically feasible controls; (2) PADEP's determinations on 
alternative NOX emissions limits demonstrate that emissions 
under the averaging plan are equivalent to emissions if the individual 
sources were operating in accordance with the applicable presumptive 
limit; and (3) PADEP's determinations are consistent with the CAA, EPA 
regulations, and applicable EPA guidance.
    PADEP, in its RACT II determinations, considered the prior source-
specific RACT I requirements and, where more stringent, retained those 
RACT I requirements as part of its new RACT determinations. In the 
NPRM, EPA proposed to find that all the proposed revisions to 
previously SIP-approved RACT I requirements would result in equivalent 
or additional reductions of NOX and/or VOC emissions. The 
revisions should not interfere with any applicable requirements 
concerning attainment of the NAAQS, reasonable further progress, or 
other applicable requirements under section 110(l) of the CAA.
    Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS 
case-by-case RACT determinations and alternative NOX 
emissions limits and the rationale for EPA's action are explained more 
thoroughly in the NPRM, and its associated technical support document 
(TSD), and will not be restated here.

III. Public Comments and EPA Responses

    EPA received three comments from three commenters on the August 2, 
2021 NPRM. 86 FR 41421. A summary of the comments and EPA's response 
are discussed in this section. A copy of the comments can be found in 
the docket for this rule action.
    Comment 1: The commenter claims that for the Mack Truck--Macungie 
facility to meet RACT II requirements, an economic and technical 
feasibility analysis must be conducted. The commenter identifies that 
such an analysis was not performed for sources at this facility and 
also appears to claim that compliance with CTGs is insufficient to meet 
RACT requirements. Therefore, the commenter states that EPA must 
require a technical and economic feasibility analysis for the sources 
at Mack Truck before RACT can be approved for this facility.
    Response 1: Pennsylvania's RACT II regulations allow a source to 
meet RACT II requirements by complying with presumptive RACT 
requirements under 25 Pa. Code 129.97, with CTGs under 25 Pa. Code 
129.96(a) and (b), NOX averaging under 25 Pa. Code 129.98, 
or with a case-by-case limit in accordance with 25 Pa. Code 129.99. A 
technical and economic feasibility analysis is only required as part of 
the case-by-case limit development process required in section 129.99.
    All of the sources at this facility are required to meet either a 
CTG under 25 Pa. Code 129.52d or presumptive requirements under 25 Pa. 
Code 129.97(c). Since all the sources at Mack Truck are meeting either 
presumptive or CTG requirements, a case-by-case analysis is not 
required.
    The commenter's specific concern appears to arise from EPA's TSD 
where EPA, in discussing the regulatory status of the ``G'' Line 
(Source IDs 108 and 109) and the Final Spray Booth and Oven (Source IDs 
114 and 116), identified that the typical technical and economic 
feasibility analysis was not conducted for these sources. However, EPA, 
in that document, also acknowledged that such an analysis was not 
required for these sources because they are now regulated under a CTG 
at section 129.52d. Nevertheless, since these sources were subject to 
previously SIP-approved RACT I requirements, PADEP had to ensure, 
pursuant to CAA section 110(l), that the new CTG requirements were at 
least as stringent as the prior RACT I requirements. Through an 
additional, source-specific analysis, PADEP determined that the newly 
established throughput limits for Source IDs 108 and 109, combined with 
compliance with the CTG's solvent content restrictions at 25 Pa. Code 
129.52d, ensured that the RACT II limits were more stringent than the 
RACT I requirements. In order to ensure that stringency, PADEP added 
the newly established throughput limits to its RACT II requirements for 
these sources. For Source IDs 114 and 116, PADEP's 110(l) analysis led 
it to retain the existing RACT I requirements. Accordingly, PADEP was 
not performing a case-by-case determination for these sources under 
section 129.99, and a technical and economic feasibility analysis was 
not required. For these reasons, PADEP's SIP revision for the sources 
at Mack Truck meets RACT requirements and is approvable.
    Comment 2: In the first part of the comment, the commenter states 
that the TSD for Tennessee Gas Pipeline Co., LLC, Marienville STA 307 
is confusing and appears to be missing information for Source ID 135. 
More specifically, the commenter points to a listing of RACT 
requirements within that section that begins with Item #7 rather than 
Item #1. The second portion of the comment includes a claim that 
PADEP's conclusion was based only on a technical feasibility analysis 
and should have included an economic feasibility analysis as well. For 
these reasons, the

[[Page 3669]]

commenter asserts that EPA must either reject or repropose the SIP 
revision for Source 135.
    Response 2: With respect to the first part of the comment, the 
commenter correctly identifies that the numbering of the list of RACT 
requirements for Source ID 135 (Engine A5C 3500 HP Pipeline Compressor 
Engine (Worthington ML-12)) contained in PADEP's Conclusions section of 
the TSD is misleading. There is an error in the numbering. It begins 
with Item #7 rather than Item #1. However, the information in the 
listing is accurate and complete. It summarizes all of the RACT 
requirements being imposed on Source ID 135. These RACT requirements 
are also included in PADEP's Technical Review Memo of RACT II Proposal 
and Plan Approval and the Redacted Plan Approval, which are both part 
of the docket for this rule.\5\ The commenter also claims that this 
listing is confusing because it is set forth without explanation or 
description. However, the commenter is incorrect on this point. PADEP's 
Conclusions section of the TSD specifically begins: ``In accordance 
with 25 Pa. Code 129.99, PADEP has determined RACT for the following 
source as follows, based on the technical feasibility analysis 
performed:'' It then contains a narrative description of the RACT I and 
II requirements for Source 135 followed by the listing in question. 
While the misnumbering in the listing of RACT II requirements may have 
been somewhat confusing, EPA considers it an inadvertent error. As the 
information in the TSD and the docket was complete and accurate, EPA 
believes the information about PADEP's RACT II determination for Source 
ID 135 was available for review by the public and that there is no need 
to repropose the SIP revision for Tennessee Gas Pipeline Co., LLC, 
Marienville STA 307 (Marienville STA 307).
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    \5\ See Final CBC RACT Submittal Letter 1, which is part of the 
docket of this rule.
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    With respect to the second part of the comment, EPA continues to 
find that PADEP's CbC RACT determination for Source ID 135 is 
reasonable given the results of its feasibility analysis. Through the 
CbC analysis, PADEP identified two potential control technologies for 
use at this source. Selective catalytic reduction (SCR) was determined 
to be technically infeasible. However, the second technology, low 
emission combustion (LEC), was found to be technically feasible. The 
commenter is correct in identifying that PADEP did not conduct an 
economic feasibility analysis of this technology. Normally, an economic 
feasibility analysis would be required at this stage, but it was not 
required under the circumstances for this source. Because the company 
decided to install the LEC technology and PADEP imposed it as a RACT 
requirement, there was no need to conduct a separate analysis on 
economic feasibility. For these reasons, PADEP's SIP revision for 
Source 135 (at Marienville STA 307) meets RACT requirements and is 
approvable.
    Comment 3: The commenter states that EPA should not approve any of 
these permits because commenter claims that the RACT CbC determinations 
are not achieving any real reductions from these sources. The commenter 
estimates that only two of the 14 sources in this rule required either 
emission reductions and/or the installation of new control 
technologies. The commenter requests that EPA take another look at the 
sources to determine whether existing controls could be tightened or 
new controls be installed.
    Response 3: As described in the proposed rulemaking, Pennsylvania 
was required through implementation of the 1997 and 2008 8-hour ozone 
NAAQS to determine RACT II requirements for major NOX and 
VOC emitting sources within the Commonwealth. PADEP had previously 
established CbC RACT requirements under the 1979 1-hour ozone NAAQS 
(RACT).\6\ PADEP finalized its overall RACT II program, and it was 
conditionally approved by EPA.\7\ As required by Pennsylvania's RACT II 
regulations, PADEP conducted, for sources seeking a CbC determination, 
an analysis examining what air pollution controls were available for 
those individual sources to determine the lowest emissions limit that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technologically and 
economic feasibility.\8\
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    \6\ 40 CFR 52.2020(d)(1).
    \7\ 84 FR 20274 (May 9, 2019).
    \8\ 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 44 FR 53762 (September 
17, 1979).
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    As described in its technical review memoranda and related 
documents, which are part of the docket for this rule, PADEP evaluated 
the technical and/or economic feasibility of various control equipment 
for the individual sources at the facilities included in this rule and 
used these evaluations to determine the RACT II requirements. These 
determinations may or may not have resulted in additional emission 
reductions and/or installation of new control technologies depending on 
the outcome of the analyses, which were based on the specific nature of 
each individual source. For facilities subject to RACT I, PADEP also 
considered the prior RACT I requirements as appropriate to ensure that 
the RACT II requirements were as stringent as any previously 
established standards. In circumstances where the RACT I requirements 
were more stringent, they were retained and remain effective.
    EPA recognizes that PADEP's CbC determinations at times resulted in 
only a continuation of RACT I requirements, but these determinations 
were made after a thorough review of the available control technology 
as demonstrated by the detailed record, which is part of the docket for 
this rule, submitted by PADEP to support its SIP revisions. The 
commenter's estimate of how often PADEP reduced an emission limit or 
required the installation of new technology is also misleading. Even 
when PADEP's CbC determination did not result in a more stringent 
emission limit or a new technology, PADEP sometimes imposed other 
measures that should lead to reduced emissions (e.g., more specific 
operating requirements at the melt shops at IPSCO Koppel Tubular 
Corporation and the revised VOC control system for the spray booths at 
the York Group, Inc).\9\ EPA continues to conclude that PADEP's CbC 
determinations reasonably evaluated the technical and economic 
feasibility of potential controls for the sources included in this rule 
as required by the RACT II requirements and are approvable.
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    \9\ See Chapters 7 and 9 of EPA's Technical Support Document, 
dated June 2, 2021, which is part of the docket for this rule.
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IV. Final Action

    EPA is approving case-by-case RACT determinations and/or 
alternative NOX emissions limits for 14 sources in 
Pennsylvania, as required to meet obligations pursuant to the 1997 and 
2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations and alternative NOX emissions 
limits under the 1997 and 2008 8-hour ozone NAAQS for certain major 
sources of VOC and NOX in Pennsylvania. EPA has made, and 
will

[[Page 3670]]

continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rule of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\10\
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    \10\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 28, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action approving Pennsylvania's NOX and VOC RACT 
requirements for 14 facilities for the 1997 and 2008 8-hour ozone NAAQS 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons set out in the preamble, 40 CFR part 52 is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (d)(1) is amended by:
0
a. Revising the entries ``Consol Pennsylvania Coal Company--Bailey Prep 
Plant''; ``Latrobe Steel Company--Latrobe''; ``(Allegheny Ludlum 
Corporation) Jessop Steel Company--Washington Plant''; ``Koppel Steel 
Corporation--Koppel Plant''; ``Three Rivers Aluminum Company (TRACO)''; 
``GenCorp (Plastic Films Division)--Jeannette Plant''; ``Koppel Steel 
Corporation--Ambridge Plant''; ``Allegheny Ludlum Steel Corporation''; 
``Mack Trucks, Inc''; ``Tennessee Gas Pipeline Company--Howe 
Township''; ``York Group, Inc''; and ``Dart Container Corporation''.
0
b. Adding the following entries at the end of the table: ``CONSOL PA 
Coal CO LLC Bailey Prep Plt (formerly referenced as Consol Pennsylvania 
Coal Company--Bailey Prep Plant)''; ``Latrobe Specialty Metals--A 
Carpenter Co (formerly referenced as Latrobe Steel Company--Latrobe)''; 
``Jessop Steel LLC--Washington Plant [formerly referenced as (Allegheny 
Ludlum Corporation) Jessop Steel Company--Washington Plant]''; ``IPSCO 
Koppel Tubulars LLC--Koppel Plt (formerly referenced as Koppel Steel 
Corporation--Koppel Plant)''; ``Kawneer Commercial Windows LLC--
Cranberry Twp [formerly referenced as Three Rivers Aluminum Company 
(TRACO)]''; ``Omnova Solutions Inc--Jeannette Plant [formerly 
referenced as GenCorp (Plastic Films Division)--Jeannette Plant]''; 
``IPSCO Koppel Tubulars LLC--Ambridge (formerly referenced as Koppel 
Steel Corporation--Ambridge Plant)''; ``ATI Flat Rolled Products 
Holdings LLC--Vandergrift (formerly

[[Page 3671]]

referenced as Allegheny Ludlum Steel Corporation)''; ``Mack Trucks, 
Inc.--Macungie (formerly referenced as Mack Trucks Inc.)''; ``Tennessee 
Gas Pipeline Co., LLC, Marienville STA 307 (formerly referenced as 
Tennessee Gas Pipeline Company--Howe Township)''; ``York Group Inc.--
Black Bridge Rd''; ``Dart Container Corporation--Leola''; ``Dart 
Container Corporation--East Lampeter''; and ``MarkWest Liberty 
Bluestone Plant''.
    The revisions and additions read as follows:


Sec.  52.2020   Identification of plan.

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  State
          Name of source                Permit No.              County          effective     EPA approval date     Additional explanations/Sec.  Sec.
                                                                                   date                             52.2063 and 52.2064  citations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Consol Pennsylvania Coal Company-- OP-30-000-072.......  Greene..............    3/23/1999  08/6/01, 66 FR 40891  See also 52.2064(h)(1).
 Bailey Prep Plant.
 
                                                                      * * * * * * *
Latrobe Steel Company--Latrobe...  OP-65-000-016.......  Westmoreland........   12/22/1995  10/16/01, 66 FR       See also 52.2064(h)(2).
                                                                                             52517.
 
                                                                      * * * * * * *
(Allegheny Ludlum Corporation)     (OP)63-000-027......  Washington..........    3/26/1999  10/16/01, 66 FR       See also 52.2064(h)(3).
 Jessop Steel Company--Washington                                                            52522.
 Plant.
Koppel Steel Corporation--Koppel   (OP)04-000-059......  Beaver..............    3/23/2001  10/16/01, 66 FR       See also 52.2064(h)(4).
 Plant.                                                                                      52522.
 
                                                                      * * * * * * *
Three Rivers Aluminum Company      OP-10-267...........  Butler..............     3/1/2001  10/17/01, 66 FR       See also 52.2064(h)(5).
 (TRACO).                                                                                    52695.
 
                                                                      * * * * * * *
GenCorp (Plastic Films Division)-- (OP)65-000-207......  Westmoreland........     1/4/1996  10/15/01, 66 FR       See also 52.2064(h)(6).
 Jeannette Plant.                                                                            52322.
 
                                                                      * * * * * * *
Koppel Steel Corporation--         OP-04-000-227.......  Beaver..............   10/12/2000  10/15/01, 66 FR       See also 52.2064(h)(7).
 Ambridge Plant.                                                                             52317.
 
                                                                      * * * * * * *
Allegheny Ludlum Steel             (OP-)65-000-137.....  Westmoreland........    5/17/1999  10/19/01, 66 FR       See also 52.2064(h)(8).
 Corporation.                                                                                53090.
 
                                                                      * * * * * * *
Mack Trucks, Inc.................  OP-39-0004..........  Northampton.........    5/31/1995  10/17/03, 68 FR       See also 52.2064(h)(9).
                                                                                             59741.
 
                                                                      * * * * * * *
Tennessee Gas Pipeline Company--   OP-27-015...........  Forest..............    7/27/2000  3/30/05, 70 FR 16118  See also 52.2064(h)(10).
 Howe Township.
 
                                                                      * * * * * * *
York Group, Inc..................  OP-67-2014..........  York................     7/3/1995  3/31/05, 70 FR 16416  See also 52.2064(h)(11).
 
                                                                      * * * * * * *
Dart Container Corporation.......  OP-36-2015..........  Lancaster...........    8/31/1995  6/8/07, 72 FR 31749.  See also 52.2064(h)(12).
 
                                                                      * * * * * * *
CONSOL PA Coal CO LLC Bailey Prep  30-00072L...........  Greene..............    3/12/2020  1/25/2022, [insert    52.2064(h)(1).
 Plt (formerly referenced as                                                                 Federal Register
 Consol Pennsylvania Coal                                                                    citation].
 Company--Bailey Prep Plant).
Latrobe Specialty Metals--A        65-00016............  Westmoreland........   02/26/2020  1/25/2022, [insert    52.2064(h)(2).
 Carpenter Co (formerly                                                                      Federal Register
 referenced as Latrobe Steel                                                                 citation].
 Company--Latrobe).
Jessop Steel LLC--Washington       63-00027............  Westmoreland........   03/11/2020  1/25/2022, [insert    52.2064(h)(3).
 Plant [formerly referenced as                                                               Federal Register
 (Allegheny Ludlum Corporation)                                                              citation].
 Jessop Steel Company--Washington
 Plant].

[[Page 3672]]

 
IPSCO Koppel Tubulars LLC--Koppel  04-00059............  Beaver..............    3/16/2020  1/25/2022, [insert    52.2064(h)(4).
 Plt (formerly referenced as                                                                 Federal Register
 Koppel Steel Corporation--Koppel                                                            citation].
 Plant).
Kawneer Commercial Windows LLC--   10-00267............  Butler..............    3/04/2020  1/25/2022, [insert    52.2064(h)(5).
 Cranberry Twp [formerly                                                                     Federal Register
 referenced as Three Rivers                                                                  citation].
 Aluminum Company (TRACO)].
Omnova Solutions Inc--Jeannette    65-00207............  Westmoreland........    2/06/2020  1/25/2022, [insert    52.2064(h)(6).
 Plant [formerly referenced as                                                               Federal Register
 GenCorp (Plastic Films                                                                      citation].
 Division)--Jeannette Plant].
IPSCO Koppel Tubulars LLC--        04-00227............  Beaver..............    3/26/2020  1/25/2022, [insert    52.2064(h)(7).
 Ambridge (formerly referenced as                                                            Federal Register
 Koppel Steel Corporation--                                                                  citation].
 Ambridge Plant).
ATI Flat Rolled Products Holdings  65-00137............  Westmoreland........    3/11/2020  1/25/2022, [insert    52.2064(h)(8).
 LLC--Vandergrift (formerly                                                                  Federal Register
 referenced as Allegheny Ludlum                                                              citation].
 Steel Corporation).
Mack Trucks, Inc.--Macungie        39-00004............  Lehigh..............    4/03/2020  1/25/2022, [insert    52.2064(h)(9).
 (formerly referenced as Mack                                                                Federal Register
 Trucks Inc.).                                                                               citation].
Tennessee Gas Pipeline Co., LLC,   27-015A.............  Forest..............   12/07/2018  1/25/2022, [insert    52.2064(h)(10).
 Marienville STA 307 (formerly                                                               Federal Register
 referenced as Tennessee Gas                                                                 citation].
 Pipeline Company--Howe Township).
York Group Inc.--Black Bridge Rd.  67-05014C...........  York................    3/04/2020  1/25/2022, [insert    52.2064(h)(11).
                                                                                             Federal Register
                                                                                             citation].
Dart Container Corporation--Leola  36-05015............  Lancaster...........    3/30/2020  1/25/2022, [insert    52.2064(h)(12).
                                                                                             Federal Register
                                                                                             citation].
Dart Container Corporation--East   36-05117............  Lancaster...........   10/15/2020  1/25/2022, [insert    52.2064(h)(13).
 Lampeter.                                                                                   Federal Register
                                                                                             citation].
MarkWest Liberty Bluestone Plant.  10-00368............  Butler..............    2/20/2020  1/25/2022, [insert    52.2064(h)(14).
                                                                                             Federal Register
                                                                                             citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The cross-references that are not Sec.   52.2064 are to material that pre-date the notebook format. For more information, see Sec.   52.2063.

* * * * *

0
3. Amend Sec.  52.2064 by adding paragraph (h) to read as follows:


Sec.  52.2064   EPA-approved Source-Specific Reasonably Available 
Control Technology (RACT) for Volatile Organic Compounds (VOC) and 
Oxides of Nitrogen (NOX).

* * * * *
    (h) Approval of source-specific RACT requirements for 1997 and 2008 
8-hour ozone national ambient air quality standards for the facilities 
listed in this paragraph (h) are incorporated as specified. (Rulemaking 
Docket No. EPA-R03-OAR-2021-0217.)
    (1) CONSOL PA Coal CO LLC Bailey Prep Plt--Incorporating by 
reference Permit No. PA-30-00072L, issued March 12, 2020, as redacted 
by Pennsylvania, which supersedes the prior RACT permit OP-30-000-072, 
issued March 23, 1999. See also Sec.  52.2063(c)(149)(i)(B)(8) for 
prior RACT approval.
    (2) Latrobe Specialty Metals--A Carpenter Co--Incorporating by 
reference Permit No. 65-00016, issued February 26, 2020, as redacted by 
Pennsylvania, which supersedes the prior RACT Permit No. 65-000-016, 
issued December 22, 1995. See also Sec.  52.2063(c)(158)(i)(B) for 
prior RACT approval.
    (3) Jessop Steel LLC--Washington Plant--Incorporating by reference 
Permit 63-00027 issued on March 11, 2020, as redacted by Pennsylvania. 
All permit conditions in the prior RACT Permit No. 63-00027, effective 
October 31, 2001, remain as RACT requirements except for conditions 5 
and 6, which are being superseded. See also Sec.  
52.2063(c)(163)(i)(B)(3) for prior RACT approval.
    (4) IPSCO Koppel Tubulars LLC--Koppel Plt--Incorporating by 
reference Permit No. 04-00059, issued March 16, 2020, as redacted by 
Pennsylvania, which supersedes the prior RACT permit no. 04-000-059, 
issued March 23, 2001. See also Sec.  52.2063(c)(163)(i)(D) for prior 
RACT approval.
    (5) Kawneer Commercial Windows LLC--Cranberry Twp--Incorporating by 
reference Permit #10-00267 issued on September 14, 2015, as amended on 
March 4, 2020. The RACT I requirements contained in TRACO Operating 
Permit No. 10-267, issued on March 1, 2001, remain in effect. See also 
Sec.  52.2063(c)(170)(i)(B)(7) for prior RACT approval.
    (6) Omnova Solutions Inc--Jeannette Plant--Incorporating by 
reference

[[Page 3673]]

Permit No. OP-65-000-207, issued February 6, 2020, as redacted by 
Pennsylvania. All permit requirements of the prior RACT Permit No. OP-
65-000-207, effective January 4, 1996, remain as RACT requirements 
except for conditions 5, 6, 7 (mislabeled as condition 5) 8 (mislabeled 
as condition 6), and 9 (mislabeled as condition 7), which are being 
superseded. See also Sec.  52.2063(c)(171)(i)(B) for prior RACT 
approval.
    (7) IPSCO Koppel Tubulars LLC--Ambridge Incorporating by reference 
Permit No. 04-00227, issued March 26, 2020, as redacted by 
Pennsylvania. All permit conditions in the prior RACT Permit No. PA 04-
000-227 issued on October 12, 2000, remain as RACT requirements. See 
also Sec.  52.2063(c)(180)(i)(B) for prior RACT approval.
    (8) ATI Flat Rolled Products Holdings LLC--Vandergrift--
Incorporating by reference Permit No. 65-00137, issued March 11, 2020, 
as redacted by Pennsylvania. All permit conditions in the prior RACT 
Permit No. PA 65-000-137 issued on May 17, 1999, remain as RACT 
requirements. See also Sec.  52.2063(c)(186)(i)(B)(1) for prior RACT 
approval.
    (9) Mack Truck--Macungie Title V Operating permit no. 0039-00004, 
issued December 30, 2015, as amended April 3, 2020, which supersedes 
Operating Permit No. 39-0004, issued on May 31, 1995, except for 
Conditions (4), (7) (C)2 through 9, (7) (E)4 through 9, and (8)(a). See 
also Sec.  52.2063(c)(207)(i)(B)(1) for prior RACT approval.
    (10) Tennessee Gas Pipeline Co., LLC, Marienville STA 307--
Incorporating by reference Permit No. 27-015A, issued December 7, 2018, 
as redacted by Pennsylvania. All permit conditions in the prior RACT 
Permit No. PA 27-015 issued on July 27, 2000, are superseded by RACT II 
requirements except for Source ID 136. For Source ID 136, the 
presumptive RACT II limit is less stringent than the RACT I limit; 
therefore, the RACT I limit has been retained for Source ID 136. See 
also Sec.  52.2020(d)(1) for prior RACT approval.
    (11) York Group Inc.--Black Bridge Rd.--Incorporating by reference 
Permit No. 67-05014C, issued March 4, 2020, as redacted by 
Pennsylvania, which supersedes the prior RACT permit no. 67-2014, 
issued July 5, 1995, See also Sec.  52.2020(d)(1) for prior RACT 
approval.
    (12) Dart Container Corporation--Leola--Incorporating by reference 
Permit No. 36-05015, issued March 30, 2020,as redacted by Pennsylvania. 
Requirements of the prior RACT Permit No. OP-36-2015, effective August 
31, 1995, remain as RACT requirements except for permit condition 7 for 
the flexographic presses, which are no longer in operation. See also 
Sec.  52.2020(d)(1) for prior RACT approval.
    (13) Dart Container Corporation--East Lampeter--Incorporating by 
reference Permit No. 36-05117, effective March 3, 2020, as redacted by 
Pennsylvania.
    (14) MarkWest Liberty Bluestone- Incorporating by reference Permit 
No. 10-00368, issued February 20, 2020, as redacted by Pennsylvania.

[FR Doc. 2021-27232 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P


