Title 40—Protection of Environment--Volume 1
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
§ 52.2035   Photochemical Assessment Monitoring Stations (PAMS) Program.
On September 23, 1994 Pennsylvania's Department of Environmental Resources (now known as the Department of Environmental Protection) submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of Pennsylvania SIP. As with all components of the SIP, Pennsylvania must implement the program as submitted and approved by EPA.
§ 52.2036   Base year emissions inventory.
(a) EPA approves as a revision to the Pennsylvania State Implementation Plan the 1990 base year carbon monoxide emission inventory for Philadelphia County, submitted by the Secretary, Pennsylvania Department of Environmental Protection, on September 8, 1995 and October 30, 1995. This submittal consists of the 1990 base year stationary, area, non-road mobile and on-road mobile emission inventories in Philadelphia County for the pollutant carbon monoxide (CO).
(b) The U.S. Steel—Fairless Hills 1990 VOC and NO X emissions for six emission units (no. 3 blast furnace, no.1 open hearth furnace, no. 1 soaking pits and no. 2 soaking pits (units 1-8 and units 9-16), and 80 in. hot strip mill), submitted August 11, 1995, are approved. U.S. Steel—Fairless Hills is located in Montgomery County, Pennsylvania, which is part of the Philadelphia severe ozone nonattainment area. The VOC and NO X 1990 emissions from the no. 3 blast furnace are zero for both pollutants. The VOC and NO X 1990 emissions from the no. 1 open hearth furnace are 6.9 TPY and 455.5 TPY, respectively. The VOC and NO X emissions from the no. 1 soaking pits are 6.6 TPY and 91.8 TPY, respectively. The VOC and NO X emissions from the no. 2 soaking pits (units 1-8) are 1.10 TPY and 21.0 TPY, respectively. The VOC and NO X emissions from the no. 2 soaking pits (units 9-16) are 1.10 TPY and 21.0 TPY, respectively. The VOC and NO X emissions from the 80 in. hot strip mill are 1.9 TPY and 688.6 TPY, respectively.
(c) The 1990 NO X emissions for the no. 2 glass melting furnace at the General Glass—Jeannette plant, located in Westmoreland County, Pennsylvania is 508.2 tons per year. Westmoreland County is part of the Pittsburgh moderate ozone nonattainment area. The 1990 NO X emissions for the four kilns (no. 1 through 4) is 11.8 tons per year. This facility does not contain any other NO X emitting units.
(d) EPA grants full approval to the 1990 VOC emission inventory for the Pittsburgh ozone nonattainment area, which was provided by Pennsylvania as an element of a March 22, 1996 submittal of the 15 Percent Rate-of-Progress Plan for the Pittsburgh-Beaver Valley ozone nonattainment area. Supplemental 1990 VOC inventory information and estimates were submitted by the Secretary of the Department of Environmental Protection on February 19, 1997 and on July 22, 1998, as formal amendments to the Pittsburgh 15 Percent Plan for Pittsburgh. EPA grants full approval to the final 1990 VOC emissions inventory estimates contained in Pennsylvania's July 22, 1998 SIP revision (which serves to supplement the 1990 VOC inventory information contained in Pennsylvania's March 22, 1996 and February 19, 1997 Pittsburgh-Beaver Valley 15% plan SIP revisions). The approved plan contains 1990 base year point, area, highway, and non-road mobile VOC emissions estimates for the 7-county Pittsburgh-Beaver Valley ozone nonattainment area (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties).
(e) EPA approves as a revision to the Pennsylvania State Implementation Plan (SIP) the 1990 base year emission inventories for the Reading, Pennsylvania area (Berks County) submitted by the Secretary of the Environment, on January 28, 1997. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories in the area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NO X ).
(f) Sharon Steel Company 1990 VOC and NO X emissions for three emission units (Blast Furnace Operations, Basic Oxygen Furnace Shop, Blast Furnace Casthouse), submitted June 10, 1996, are approved. Sharon Steel Company is located in Mercer County, Pennsylvania, which is in a marginal ozone nonattainment area. The 1990 VOC and NO X emissions from the Blast Furnace Operations (flame suppression, heaters and torpedo cars, flare stack, tuyeres) are 0.4 TPY and 49.3 TPY, respectively. The 1990 VOC and NO X emissions from the Basic Oxygen Furnace Shop (scrap preheating, ladle preheating and heaters) are 1.4 TPY and 39.6 TPY, respectively. The 1990 VOC and NO X emissions from the Blast Furnace Casthouse are 205.4 TPY and 11.0 TPY, respectively.
(g)-(h) [Reserved]
(i) The 1990 VOC emission inventory for the Philadelphia ozone nonattainment area, submitted on September 12, 1996 by Pennsylvania Department of Environmental Protection, is approved, with the exception of the revisions to the emission inventory for those sources at United States Steel—Fairless that were approved in § 52.2036 (b) on April 9, 1996.
(j) EPA is approving Pennsylvania's request that the 1990 emissions inventory for VOCs from R.R. Donnelley & Sons—East Plant be corrected to accurately reflect the 1990 emissions. The 1990 baseyear VOC emissions inventory will be corrected to 864 tons. Justification for the change in VOC emissions is described as follows:
(1) For rotogravure operations, R.R. Donnelley & Sons Company (East Plant) initially assumed a 5% retention of solvent in the web, and then revised their assumption to 2% based on the amount of solvent actually being recovered by the six bed carbon adsorption system. Based on VOC emissions data submitted to PADEP for the year 1990, the actual VOC emissions from rotogravure operations was 794.51 tons. The figures were taken from data submitted to PADEP from the facility dated May 6, 1996 (subsequently submitted to EPA from PADEP via letter dated December 13, 1996).
(2) For heatset web offset lithographic operations, boilers, and associated solvent cleaning equipment, R.R. Donnelley & Sons Company provided data calculating estimates for actual 1990 VOC emissions of 69.83 tons. The figures were taken from the facility's RACT proposal submitted to PADEP dated March 29, 1995.
(k) Rockwell Heavy Vehicle, Inc., New Castle Forge Plant, Lawrence County—On April 8, 1998 the Pennsylvania Department of Environmental Protection requested that EPA include the CO, VOC and NO X emissions from this facility in the 1990 base year emission inventory. The CO, VOC and NO X emissions from the natural gas units and the spray booth of this facility are hereby approved as part of the 1990 point source inventory. The 1990 CO, VOC and NO X emissions from the natural gas units are 8.3 TPY, 1.2 TPY and 64.2 TPY, respectively. The 1990 VOC emissions from the spray booth is 12.1 TPY.
(l) EPA approves, as a revision to the Pennsylvania State Implementation Plan, the 1990 NOx emission inventory for the Philadelphia area, submitted on July 31, 1998 by the Pennsylvania Department of Environmental Protection. The submittal consists of 1990 base year point, area, highway, and non-road mobile NOx emissions inventories for the five-county Philadelphia area (Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties).
(m) EPA approves the 1990 NO X base year emission inventory for the Pittsburgh-Beaver Valley area, submitted by the Pennsylvania Department of Environmental Protection on March 22, 1996 and supplemented on February 18, 1997.
(n) EPA approves as a revision to the Pennsylvania SIP the 1990 base year CO emissions inventory for Southwestern Pennsylvania, including Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland counties, submitted by the Secretary of the Pennsylvania Department of Environmental Protection on November 12, 1992, and as revised on August 17, 2001. This submittal consists of the 1990 base year inventory for point, area, off-road, and highway emissions for these counties, for the pollutant CO.
(o) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2002 base year emissions inventories for the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Pennsylvania Department of Environmental Protection on August 29, 2007 (as formally amended by Pennsylvania on December 10, 2009 and on April 12, 2010). This submittal consists of the 2002 base year point, area, non-road mobile, and on-road mobile source emission inventories for this area, for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides (NO X ).
(p) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2002 base year emissions inventory for the Pittsburgh-Beaver Valley 1997 fine particulate matter (PM 2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on November 10, 2009. The base year emissions inventory includes emissions estimates that cover the general source categories of point sources, area sources, on-road mobile sources, and non-road mobile sources. The pollutants that comprise the inventory are PM 2.5 , coarse particles (PM 10 ), nitrogen oxides (NO X ), volatile organic compounds (VOCs), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(q) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2002 base year emissions inventory for the Liberty-Clairton 1997 annual fine particulate matter (PM 2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on June 17, 2011. The base year emissions inventory includes emissions estimates that cover the general source categories of point sources, area sources, on-road mobile sources, and non-road mobile sources. The pollutants that comprise the inventory are PM 2.5 , nitrogen oxides (NO X ), volatile organic compounds (VOCs), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(r) EPA approves as revisions to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Harrisburg-Lebanon-Carlisle and York 1997 annual fine particulate matter (PM 2.5 ) nonattainment areas, and the Harrisburg-Lebanon-Carlisle-York 2006 24-hour PM 2.5 nonattainment area submitted by the Pennsylvania Department of Environmental Protection on April 22, 2014. The emissions inventory includes emissions estimates that cover the general source categories of point, area, nonroad, and onroad sources. The pollutants that comprise the inventory are nitrogen oxides (NO X ), volatile organic compounds (VOCs), PM 2.5 , ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(s) EPA approves as revisions to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Reading 1997 annual fine particulate matter (PM 2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on November 25, 2014. The emissions inventory includes emissions estimates that cover the general source categories of point, area, nonroad, and onroad sources. The pollutants that comprise the inventory are PM 2.5 , nitrogen oxides (NO X ), volatile organic compounds (VOCs), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(t) EPA approves as revisions to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Allentown 2006 24-hour fine particulate matter (PM 2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on September 5, 2014. The emissions inventory includes emissions estimates that cover the general source categories of point, area, nonroad, and onroad sources. The pollutants that comprise the inventory are PM 2.5 , nitrogen oxides (NO X ), volatile organic compounds (VOCs), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(u) EPA approves as revisions to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Pennsylvania portion of the Philadelphia Area for the 2006 24-hour fine particulate matter (PM 2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on September 5, 2014. The emissions inventory includes emissions estimates that cover the general source categories of point, area, nonroad, and onroad sources. The pollutants that comprise the inventory are PM 2.5 , nitrogen oxides (NO X ), volatile organic compounds (VOCs), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(v) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2011 base year lead emission inventory for the Lyons, Pennsylvania nonattainment area for the 2008 lead NAAQS. This SIP revision was submitted by the Acting Secretary of the Pennsylvania Department of Environmental Protection, on February 9, 2015. This submittal consists of the 2011 base year inventories for all relevant sources in the Lyons, Pennsylvania nonattainment area for the pollutant lead (Pb).
(w) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Johnstown 1997 annual and 2006 24-hour fine particulate matter (PM 2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on December 3, 2014. The emissions inventory includes emissions estimates that cover the general source categories of point, area, nonroad, and onroad sources. The pollutants that comprise the inventory are PM 2.5 , nitrogen oxides (NO X ), volatile organic compounds (VOCs), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(x) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Lancaster 1997 annual and 2006 24-hour fine particulate matter (PM 2.5 ) nonattainment area submitted by the Pennsylvania Department of Environmental Protection on April 30, 2014. The emissions inventory includes emissions estimates that cover the general source categories of point, area, nonroad, and onroad sources. The pollutants that comprise the inventory are PM 2.5 , nitrogen oxides (NO X ), volatile organic compounds (VOCs), ammonia (NH 3 ), and sulfur dioxide (SO 2 ).
(y) EPA approves as a revision to the Pennsylvania State Implementation Plan the 2007 base year emissions inventory for the Liberty-Clairton 2006 24-hour PM 2.5 nonattainment area submitted by the Pennsylvania Department of Environmental Protection, on behalf of Allegheny County Health Department, on June 21, 2013. The emissions inventory includes emissions estimates that cover the general source categories of point, area, nonroad, and onroad sources. The pollutants that comprise the inventory are PM 2.5 , NO X , VOCs, NH 3 , and SO 2 .
(z) EPA approves as a revision to the Pennsylvania state implementation plan the 2010 base year emissions inventory for the North Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS. This SIP revision was submitted by the Secretary of the Pennsylvania Department of Environmental Protection on August 10, 2015. This submittal consists of the 2010 base year emissions inventories for all relevant sources in the North Reading nonattainment area for the pollutant lead (Pb).
(aa) EPA approves as a revision to the Pennsylvania state implementation plan the 2010 base year emissions inventory for the Lower Beaver Valley, Pennsylvania nonattainment area for the 2008 lead NAAQS. This SIP revision was submitted by the Pennsylvania Department of Environmental Protection on January 15, 2015. This submittal includes the 2010 base year emissions inventory for all relevant sources in the Lower Beaver Valley nonattainment area for the pollutant lead.
(bb) EPA approves, as a revision to the Pennsylvania State Implementation Plan, the 2011 base year emissions inventories for the Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone national ambient air quality standard submitted by the Pennsylvania Department of the Environmental on September 30, 2015. The 2011 base year emissions inventories includes emissions estimates that cover the general source categories of point sources, nonroad mobile sources, area sources, onroad mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NO X ), volatile organic compounds (VOC), and carbon monoxide (CO).
§ 52.2037   Control strategy plans for attainment and rate-of-progress: Ozone.
(a)-(b)(1) [Reserved]
(2) Determination—EPA has determined that, as of July 19, 1995, the Reading ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to this area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Reading ozone nonattainment area, these determinations shall no longer apply.
(c) VOC and NO X RACT determination for six emission units at U.S. Steel—Fairless: no. 3 blast furnace, no. 1 open hearth furnace, no. 1 soaking pits, no. 2 soaking pits (units 1-8), no. 2 soaking pits (units 9-16), 80 in. hot strip mill. The NO X RACT determination for all the soaking pits and the 80 in. hot strip mill is low excess air (LEA), which is expected to result in a 13.5% emission reduction. NO X RACT for the other sources is determined to be good operating practices to minimize NO X emissions. VOC RACT for all the above sources is determined to be good operating practices to minimize VOC emissions.
(d) NO X RACT determination for the no. 2 glass melting furnace and the four kilns at the General Glass—Jeannette plant, which manufactured flat glass, is the current operation, consisting of no additional controls.
(e) Sharon Steel Company—VOC and NO X RACT determination for three emission units at Sharon Steel Company, not covered by plan approval PA 43-017: Blast Furnace Operations (flame suppression, heaters and torpedo cars, tuyeres), Basic Oxygen Furnace Shop (scrap preheating, ladle preheating and heaters), Blast Furnace Casthouse. NO X RACT for the Blast Furnace Operations is determined to be good air pollution control practices such that NO X emissions do not exceed: 100 pounds of NO X per million cubic feet (lb NO X /MMft 3 ) of natural gas and 10.69 tons of NO X per year (TPY) for flame suppression, heaters, and torpedo cars; and 140 lb NO X /MMft 3 of natural gas and 0.6 TPY for tuyeres. VOC RACT for the Blast Furnace Operations is determined to be good air pollution control practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft 3 of natural gas and 0.41 TPY for flame suppression, heaters and torpedo cars; and 2.8 lb VOC/MMft 3 of natural gas and 0.01 TPY for tuyeres. NO X RACT for the Basic Oxygen Furnace Shop is determined to be good air pollution control practices such that NO X emissions do not exceed: 100 lb NO X /MMft 3 of natural gas and 1.1 TPY for scrap preheating; and 140 lb NO X /MMft 3 of natural gas and 10.8 TPY for ladle preheating and heaters. VOC RACT for the Basic Oxygen Furnace Shop is determined to be good air pollution control practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft 3 of natural gas and 0.04 TPY for scrap preheating; and 2.8 lb VOC/MMft 3 of natural gas and 0.22 TPY for ladle preheating and heaters. NO X RACT for the Blast Furnace Casthouse is determined to be good air pollution control practices such that NO X emissions do not exceed 0.03 lb NO X /ton of steel processed and 11.0 TPY.
(f) Pennsylvania Electric Company—Williamsburg Station—VOC and NO X RACT determination for three emission units at Pennsylvania Electric Company (Penelec)—Williamsburg Station: unit #1 boiler, auxiliary boiler, fugitive VOC sources. NO X and VOC RACT for the unit #11 boiler is determined to be good air pollution control practices such that emissions limits shall be 21.7 pounds of NO X per ton of coal fired (lb/ton) and 0.1459 lb/MMBtu of No. 2 oil fired with annual fuel usage records, and no more than 867 tons per year (TPY) of NO X and 3 TPY of VOC. NO X and VOC RACT for the auxiliary boiler is determined to be the requirements of 25 Pa Code 129.93 (c)(1), pertaining to units with individual rated gross heat inputs less than 20 million British thermal units per hour (MMBtu/hr) of operation maintenance and operation in accordance with manufacturer's specifications, and the units are operated using good air pollution control practices.
(g) Caparo Steel Company—VOC and NO X RACT determination for four emission units at Caparo Steel Company, not covered by operating permit OP 43-285: Package boilers, BW boiler #1, BW boiler #2, and BW boiler #3. NO X RACT for the package boilers is determined to be good air pollution control practices such that NO X emissions do not exceed 550 pounds of NO X per million cubic feet (lb NO X /MMft 3 ) of natural gas and 529.82 tons of NO X per year (TPY). VOC RACT for the package boilers is determined to be good air pollution control practices such that VOC emissions do not exceed 1.4 lb VOC/MMft 3 of natural gas and 1.35 TPY. NO X RACT for each of the BW boilers is determined to be good air pollution control practices such that NO X emissions do not exceed 23 lb NO X /MMft 3 of BFG and 80.1 TPY.
(h) VOC RACT determination for four emission units at Mercersburg Tanning Company—Franklin County: Spray Lines 3 thru 7, Attic Line, Spray Lines A and B, Spray Line C. The VOC RACT determination is as follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines A and B, for Attic Line; all work transferred to Spray Line C, for Spray Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO) with required 100% capture efficiency and 97% destruction efficiency, for Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water) on base coats and 2.8 lb VOC/gal (less water) on intermediate coats. VOC RACT for cleaning solvents associated with Lines A and B vented to RTO and water utilized as cleaning solvent for Line C.
(i)(1) EPA approves the Commonwealth of Pennsylvania's Post 1996 (ROP) plan SIP revision for milestone years 1999, 2002, and 2005 for the Pennsylvania portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area. These revisions were submitted by the Pennsylvania Department of Environmental Protection on April 30, 1998, July 31, 1998 and supplemented on February 25, 2000.
(2) EPA approves revisions to the Pennsylvania State Implementation Plan, submitted by the Secretary of the Pennsylvania Department of the Environmental Protection on February 23, 2004. These revisions amend Pennsylvania's rate-of-progress (ROP) plan for year 2005 for its Pennsylvania portion of the Philadelphia-Wilmington-Trenton 1-hour ozone nonattainment area. These revisions update the 2005 ROP plan's 1990 and 2005 motor vehicle emissions inventories and motor vehicle emissions budgets to reflect the use of the MOBILE6 emissions model, and establish revised motor vehicle emissions budgets of 79.69 tons per day (tpd) of volatile organic compounds and 144.73 tpd of nitrogen oxides.
(j) EPA approves the one hour ozone attainment demonstration SIP for the Philadelphia-Wilmington-Trenton area submitted by the Pennsylvania Department of Environmental Protection on April 30, 1998, August 21, 1998, February 25, 2000 and July 19, 2001 including its RACM analysis and determination. EPA is approving the enforceable commitments made to the attainment plan for the Philadelphia-Wilmington-Trenton severe ozone nonattainment area submitted by the Pennsylvania Department of Environmental Protection on July 31, 1998, February 25, 2000 and July 19, 2001. The enforceable commitments are to:
(1) Submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory,
(2) [Reserved]
(3) Perform a mid-course review by December 31, 2003.
(k) EPA approves the following mobile budgets of the post-1996 rate of progress plans and the 2005 attainment plan:
Transportation Conformity Budgets for the Philadelphia Area
(1)-(2) [Reserved]
(l) EPA approves the Commonwealth of Pennsylvania's revised 1990 and the 2005 VOC and NO X highway mobile emissions inventories and the 2005 motor vehicle emissions budgets for the 1-hour ozone attainment SIP for the Philadelphia-Wilmington-Trenton severe ozone nonattainment area. These revisions were submitted by the Pennsylvania Department of Environmental Protection on January 17, 2003. Submission of these revised MOBILE6-based motor vehicle emissions inventories was a requirement of EPA's approval of the attainment demonstration under paragraph (j) of this section.
(m) Determination—EPA has determined that, as of July 27, 2007, the Franklin County ozone nonattainment area has attained the 1-hour ozone standard and that the following requirements of section 172(c)(2) of the Clean Air Act do not apply to this area for so long as the area does not monitor any violations of the 1-hour ozone standard of 40 CFR 50.9: the attainment demonstration and reasonably available control measure requirements of section 172(b)(1), the reasonable further progress requirement of section 172(b)(2), and the related contingency requirements of section 172(c)(9). If a violation of the 1-hour ozone NAAQS is monitored in the Franklin County 1-hour ozone nonattainment area, these determinations shall no longer apply.
(n) Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.
(o) EPA approves revisions to the Pennsylvania State Implementation Plan consisting of the 2008 reasonable further progress (RFP) plan, reasonably available control measure demonstration, and contingency measures for the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Pennsylvania Department of Environmental Protection on August 29, 2007 (as formally amended by Pennsylvania on December 10, 2009 and April 12, 2010).
(p) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Pennsylvania Department of Environmental Protection on August 29, 2007 (as formally amended by Pennsylvania on December 10, 2009):
Transportation Conformity Emissions Budgets for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City, PA-DE-MD-NJ Area
(q) Determination of attainment —In accordance with 40 CFR 51.918, EPA has determined that Pittsburgh-Beaver Valley 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard and that certain requirements of section 172(c) of the Clean Air Act are suspended as long as the nonattainment area continues to meet the 1997 8-hour ozone NAAQS. This determination is based upon complete, quality assured, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to 2009 monitoring period. Complete, quality-assured air monitoring data for 2010 are consistent with continued attainment. This determination suspends the obligation of the Commonwealth of Pennsylvania to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning requirements related to attainment of the 1997 8-hour ozone NAAQS for the Pittsburgh Area for as long as the area continues to meet the 1997 8-hour ozone NAAQS. If a violation of the1997 8-hour ozone NAAQS is monitored in the Pittsburgh-Beaver Valley 8-hour ozone nonattainment area, this determination shall no longer apply.
(r) Determination of attainment. EPA has determined, as of March 26, 2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area has attained the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual 8-hour ozone NAAQS.
(s) Determination of attainment. EPA has determined, as of April 4, 2013, that based on 2009 to 2011 ambient air quality data, the Pittsburgh-Beaver Valley, PA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS.
(t) On July 14, 2012, Pennsylvania repealed the provisions set forth in Sections 130.101 through 130.108 pertaining to Portable Fuel Containers. Pennsylvania's regulations in the Pennsylvania State Implementation Plan were removed because they are superseded by more stringent Federal requirements codified at 40 CFR 59.600 through 59.699, relating to control of evaporative emissions from new and in-use portable fuel containers.
§ 52.2038   Rate of Progress Plans: Ozone.
(a) EPA grants full approval to Pennsylvania's 15 Percent Rate of Progress Plan for the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Secretary of the Pennsylvania Department of Environmental Protection on March 22, 1996, as formally revised on February 18, 1997 and on July 22, 1998.
(b) EPA grants full approval to the 15 Percent Rate of Progress Plan for Pennsylvania's portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area. The area that is the subject of this action encompasses Bucks, Chester, Delaware, Philadelphia, and Montgomery Counties. The plan was formally submitted to EPA by the Secretary of the Pennsylvania Department of Environmental Protection on September 12, 1996, and was formally revised on April 10, 1997 and June 5, 1998.
§ 52.2039   Interstate transport.
The EPA has made a finding pursuant to section 126 of the Clean Air Act (the Act) that emissions of sulfur dioxide (SO 2 ) from the Portland Generating Station in Northampton County, Upper Mount Bethel Township, Pennsylvania (Portland) significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO 2 national ambient air quality standard (NAAQS) in New Jersey. The owners and operators of Portland shall comply with the requirements in paragraphs (a) through (d) of this section.
(a) The owners and operators of Portland shall not, at any time later than one year after the effective date of the section 126 finding, emit SO 2 (as determined in accordance with part 75 of this chapter) in excess of 6,253 pounds per hour (lb/hr) for unit 1 (identified with source ID 031 in Title V Permit No. 48-0006) and unit 2 (identified with source ID 032 in Title V Permit No. 48-0006) combined;
(b) The owners and operators of Portland shall not, at any time later than three years after the effective date of the section 126 finding, emit SO 2 (as determined in accordance with part 75 of this chapter) in excess of the following limits:
(1) 1,105 lb/hr and 0.67 pounds per million British Thermal Unit (lb/mmBtu) for unit 1; and
(2) 1,691 lb/hr and 0.67 lb/mmBtu for unit 2.
(c) The owners and operators of Portland shall comply with the following requirements:
(1) Perform air modeling to demonstrate that, starting no later than three years after the effective date of the section 126 finding, emissions from Portland will not significantly contribute to nonattainment or interfere with maintenance of the 1-hour SO 2 NAAQS in New Jersey, in accordance with the following requirements:
(i) No later than six months after the effective date of the section 126 finding, submit to the EPA a modeling protocol that is consistent with the EPA's Guideline on Air Quality Models, as codified at 40 CFR Part 51, Appendix W, and that includes all units at the Portland Generating Station in the modeling.
(ii) Within 15 business days of receipt of a notice from the EPA of any deficiencies in the modeling protocol under paragraph (d)(1)(i) of this section, submit to the EPA a revised modeling protocol to correct any deficiencies identified in such notice.
(iii) No later than one year after the effective date of the section 126 finding, submit to the EPA a modeling analysis, performed in accordance with the modeling protocol under paragraphs (c)(1)(i) and (c)(1)(ii) of this section, for the compliance methods identified in the notice required by paragraph (c)(2) of this section.
(2) No later than one year after the effective date of the section 126 finding, submit to the EPA the compliance method selected by the owners and operators of Portland to achieve the emissions limits in paragraph (b) of this section.
(3) Starting six months after the effective date of the section 126 finding and continuing every six months until three years after the effective date of the section 126 finding, submit to the EPA progress reports on the implementation of the methods to achieve compliance with emissions limits in paragraphs (a) and (b) of this section, including status of design, technology selection, development of technical specifications, awarding of contracts, construction, shakedown, and compliance demonstrations as applicable. These reports shall include:
(i) An interim project report, no later than one year after the effective date of the section 126 finding, that demonstrates compliance with the emission limit in paragraph (a) of this section.
(ii) A final project report, submitted no later than 60 days after three years after the effective date of the section 126 finding, that demonstrates compliance with the emission limits in paragraph (b) of this section and that includes at least one month of SO 2 emission data from Portland's continuous SO 2 emission monitor, and that includes the date when full operation of controls was achieved at Portland after shakedown.
(4) The requirements in paragraphs (c)(1) and (c)(3) of this section shall not apply if the notice required by paragraph (c)(2) of this section indicates that the owners and operators of Portland have decided to completely and permanently cease operation of unit 1 and unit 2 as the method of compliance with paragraphs (a) and (b) and with section 126 of the Act.
(d) Compliance with the lb/mmBtu limitations in paragraph (b) of this section is determined on a 30 boiler operating day rolling average basis. Boiler operating day for the purposes of this paragraph means a 24-hour period between midnight and the following midnight during which any fuel is combusted in the units identified in paragraph (a) of this section.
§ 52.2040   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located in the State of Pennsylvania and for which requirements are set forth under the CSAPR NO X Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Pennsylvania's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.38(a), except to the extent the Administrator's approval is partial or conditional.
(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Pennsylvania's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of CSAPR NO X Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NO X Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
(b)(1) The owner and operator of each source and each unit located in the State of Pennsylvania and for which requirements are set forth under the CSAPR NO X Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2015 and 2016.
(2) The owner and operator of each source and each unit located in the State of Pennsylvania and for which requirements are set forth under the CSAPR NO X Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2017 through 2020.
(3) The owner and operator of each source and each unit located in the State of Pennsylvania and for which requirements are set forth under the CSAPR NO X Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2021 and each subsequent year. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Pennsylvania's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan (FIP) under § 52.38(b)(1) and (b)(2)(iii), except to the extent the Administrator's approval is partial or conditional.
(4) Notwithstanding the provisions of paragraph (b)(3) of this section, if, at the time of the approval of Pennsylvania's SIP revision described in paragraph (b)(3) of this section, the Administrator has already started recording any allocations of CSAPR NO X Ozone Season Group 3 allowances under subpart GGGGG of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart GGGGG of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NO X Ozone Season Group 3 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
(5) Notwithstanding the provisions of paragraph (b)(2) of this section, after 2020 the provisions of § 97.826(c) of this chapter (concerning the transfer of CSAPR NO X Ozone Season Group 2 allowances between certain accounts under common control), the provisions of § 97.826(d) of this chapter (concerning the conversion of amounts of unused CSAPR NO X Ozone Season Group 2 allowances allocated for control periods before 2021 to different amounts of CSAPR NO X Ozone Season Group 3 allowances), and the provisions of § 97.811(d) of this chapter (concerning the recall of CSAPR NO X Ozone Season Group 2 allowances equivalent in quantity and usability to all such allowances allocated to units in the State for control periods after 2020) shall continue to apply.
(6) Notwithstanding any other provision of this part, the effectiveness of paragraph (b)(3) of this section is stayed with regard to emissions occurring in 2024 and thereafter, provided that while such stay remains in effect, the provisions of paragraph (b)(2) of this section shall apply with regard to such emissions.
(c)(1) The owner and operator of each source located in the State of Pennsylvania and for which requirements are set forth in § 52.40 and § 52.41, § 52.42, § 52.43, § 52.44, § 52.45, or § 52.46 must comply with such requirements with regard to emissions occurring in 2026 and each subsequent year.
(2) Notwithstanding any other provision of this part, the effectiveness of paragraph (c)(1) of this section is stayed.
§ 52.2041   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in the State of Pennsylvania and for which requirements are set forth under the CSAPR SO 2 Group 1 Trading Program in subpart CCCCC of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Pennsylvania's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.39, except to the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Pennsylvania's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of CSAPR SO 2 Group 1 allowances under subpart CCCCC of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart CCCCC of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR SO 2 Group 1 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
§ 52.2042   Visibility protection.
(a) Regional Haze. The requirements of section 169A of the Clean Air Act are not met because the regional haze plan submitted by Pennsylvania on December 20, 2010, does not include fully approvable measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to emissions of NO X and SO 2 from electric generating units. EPA has given limited approval and limited disapproval to the plan provisions addressing these requirements.
(b) Measures Addressing Limited Disapproval Associated With NO X . The deficiencies associated with NO X identified in EPA's limited disapproval of the regional haze plan submitted by Pennsylvania on December 20, 2010, are satisfied § 52.2040.
(c) Measures Addressing Limited Disapproval Associated With SO 2 . The deficiencies associated with SO 2 identified in EPA's limited disapproval of the regional haze plan submitted by Pennsylvania on December 20, 2010, are satisfied by § 52.2041.
§ 52.2043   Control strategy for maintenance plans: ozone.
(a) As of December 26, 2013, EPA approves the following revised 2009 and 2018 point source inventory for nitrogen oxides (NO X ) and volatile organic compounds (VOCs) for the Lancaster 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(b)(1) As of March 31, 2014, EPA approves the following revised 2009 and 2018 point source inventory for nitrogen oxides (NO X ) for the Reading 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(2) As of March 31, 2014, EPA approves the following revised 2009 and 2018 area source inventory for nitrogen oxides (NO X ) for the Reading 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(c) As of May 16, 2014, EPA approves the following revised 2009 and 2018 point source inventory for nitrogen oxides (NO X ) for the Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(d) As of June 15, 2015, EPA approves the following revised 2009 and 2018 point source inventory for nitrogen oxides (NO X ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(e) As of June 15, 2015, EPA approves the following revised 2018 area source inventory for nitrogen oxides (NO X ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(f) As of June 15, 2015, EPA approves the following general conformity budgets for 2009 and 2018 for nitrogen oxides (NO X ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
§§ 52.2044-52.2051   [Reserved]
§ 52.2052   Motor vehicle emissions budgets for Pennsylvania ozone areas.
(a) As of December 26, 2013, EPA approves the following revised 2009 and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NO X ) and volatile organic compounds (VOCs) for the Lancaster 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(b) As of March 31, 2014, EPA approves the following revised 2009 and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NO X ) for the Reading 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(c) As of May 16, 2014, EPA approves the following revised 2009 and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NO X ) for the Allentown-Bethlehem-Easton 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
(d) As of June 15, 2015, EPA approves the following revised 2009 and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NO X ) for the Scranton/Wilkes-Barre 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
§ 52.2053   The Motor Vehicle Emissions Budgets for the Pennsylvania Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 Fine Particulate Matter Nonattainment Area
As of April 3, 2013, EPA approves the following revised 2009 Motor Vehicle Emissions Budgets (MVEBs) for fine particulate matter (PM 2.5 ) and nitrogen oxides (NO X ) for the Pennsylvania Counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 PM 2.5 Nonattainment Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection:
§ 52.2054   Control of asphalt paving material.
(a) Notwithstanding any provisions to the contrary in the Pennsylvania Implementation Plan, the Pennsylvania Department of Transportation shall restrict the annual usage of asphalts to the limits listed below in the following sixteen county area of Pennsylvania: Allegheny, Armstrong, Beaver, Butler, Cambria, Clarion, Fayette, Green, Indiana, Jefferson, Lawrence, Mercer, Somerset, Venango, Washington, and Westmoreland Counties:
(1) No more than twenty percent of the total amount of liquid bituminous asphalt paving material used shall be cutback asphalt; and
(2) No more than 2,615,000 gallons of cutback asphalts shall be used, of which no more than 1,400,000 gallons may be used for dust palliative work on roadways and shoulders; and
(3) No more than 2,500,000 gallons total of emulsion Class E-4 and Class E-5 shall be used unless an equivalent reduction in the use of cutbacks is made to balance the additional hydrocarbon emissions from emulsions.
(b) The Pennsylvania Department of Transportation is required to submit to the Pennsylvania Department of Environmental Resources, on a quarterly basis, reports which list for each of the affected counties the number of gallons of each class of asphalt used. The first quarterly reports will be submitted in October 1977 for the period between July 1, 1977, and September 30, 1977. Copies of all reports will also be forwarded to Region III, EPA.
§ 52.2055   Control strategy: Lead.
(a) Determination of attainment. EPA has determined, as of December 29, 2014, based on quality-assured ambient air quality data for 2011 to 2013, that the Lyons, PA nonattainment area has attained the 2008 Pb NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2008 Pb NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2008 Pb NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(b) EPA approves the state implementation plan for the North Reading, Pennsylvania nonattainment area for the 2008 lead NAAQS. This SIP revision including reasonably available control measures, reasonably available control technology, contingency measures, and attainment demonstration was submitted by the Secretary of the Pennsylvania Department of Environmental Protection on August 10, 2015.
(c) EPA approves the state implementation plan for the Lower Beaver Valley, Pennsylvania nonattainment area for the 2008 lead NAAQS. This SIP revision includes reasonably available control measures, reasonably available control technology, contingency measures, and an attainment demonstration submitted by the Pennsylvania Department of Environmental Protection on January 15, 2015.
§ 52.2056   Determinations of attainment.
(a) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Harrisburg-Lebanon-Carlisle (Harrisburg) fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Harrisburg PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Johnstown fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Johnstown PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(c) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Lancaster fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Lancaster PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(d) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the York fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the York PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(e) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Reading fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Reading PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(f) Based upon EPA's review of the air quality data for the 3-year period 2008 to 2010, EPA determined that Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of June 15, 2011. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Philadelphia Area nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 181(b)(2)(A).
(g) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Philadelphia-Wilmington, PA-NJ-DE fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Philadelphia-Wilmington, PA-NJ-DE PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(h) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Pittsburgh-Beaver Valley fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Pittsburgh-Beaver Valley PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
(i) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, the Pittsburgh-Beaver Valley, PA moderate nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Pittsburgh-Beaver Valley, PA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(j) EPA has determined, based on quality-assured air monitoring data for 2009-2011, that the Liberty-Clairton, PA fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 national ambient air quality standards (NAAQS) by the applicable attainment date of December 31, 2011. Therefore, EPA has met the requirement of CAA section 188(b)(2) to determine, based on the area's air quality as of the attainment date, whether the area attained the 1997 annual PM 2.5 NAAQS.
(k) The EPA has determined, as of June 3, 2016, that based on 2012 to 2014 ambient air quality data, the Allentown-Bethlehem-Easton, PA 2008 ozone Marginal nonattainment area has attained the 2008 8-hour ozone NAAQS by the applicable attainment date of July 20, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the 2008 8-hour ozone NAAQS. The EPA also determined that the Allentown-Bethlehem-Easton, PA marginal nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(l) The EPA has determined, as of June 3, 2016, that based on 2012 to 2014 ambient air quality data, the Lancaster, PA 2008 ozone Marginal nonattainment area has attained the 2008 8-hour ozone NAAQS by the applicable attainment date of July 20, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the 2008 8-hour ozone NAAQS. The EPA also determined that the Lancaster, PA Marginal nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(m) The EPA has determined, as of June 3, 2016, that based on 2012 to 2014 ambient air quality data, the Reading, PA 2008 ozone Marginal nonattainment area has attained the 2008 8-hour ozone NAAQS by the applicable attainment date of July 20, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the 2008 8-hour ozone NAAQS. The EPA also determined that the Reading, PA Marginal nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(n) EPA has determined based on 2013 to 2015 ambient air quality monitoring data, that the Pittsburgh-Beaver Valley, Pennsylvania marginal ozone nonattainment area has attained the 2008 8-hour ozone national ambient air quality standard (NAAQS) by the applicable attainment date of July 20, 2016. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the 2008 8-hour ozone NAAQS. EPA also determined that the Pittsburgh-Beaver Valley, Pennsylvania marginal nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(o) Based upon EPA's review of the air quality data for the 3-year period 2013 to 2015, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE marginal ozone nonattainment area has attained the 2008 8-hour ozone national ambient air quality standard (NAAQS) by the applicable attainment date of July 20, 2016. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE marginal ozone nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).
(p) Based on air quality data for the 3-year period 2019 to 2021, EPA has determined that the Allegheny County nonattainment area attained the 2012 annual fine particulate matter (PM 2.5 ) National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of December 31, 2021. Therefore, EPA has met the requirement pursuant to Clean Air Act (CAA) sections 179(c) and 188(b)(2) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. The Allegheny County PM 2.5 nonattainment area is therefore not subject to the consequences for failing to attain, pursuant to CAA section 179(d).
§ 52.2057   [Reserved]
§ 52.2058   Prevention of significant air quality deterioration.
(a) The requirements of sections 160 through 165 of the Clean Air Act are met by the regulations (25 PA Code § 127.81 through 127.83) adopted by the Pennsylvania Environmental Resources on October 28, 1983. All PSD permit applications and requests for modifications thereto should be submitted to: Pennsylvania Department of Environmental Resources, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. ATTN: Abatement and Compliance Division.
(b) [Reserved]
§ 52.2059   Control strategy: Particulate matter.
(a) [Reserved]
(b) EPA approves the PM-10 attainment demonstration for the Liberty Borough Area of Allegheny County submitted by the Pennsylvania Department of Environmental Protection on January 6, 1994.
(c) Determination of Attainment. EPA has determined, as of August 25, 2008, the Harrisburg-Lebanon-Carlisle, Pennsylvania nonattainment area for the 1997 PM 2.5 NAAQS has attained the 1997 PM 2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for this area to submit an attainment demonstration and associated reasonably available measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as the area continues to attain the 1997 PM 2.5 NAAQS.
(d) Determination of Clean Data. EPA has determined, as of September 25, 2009, the Johnstown (Cambria and Indiana Counties), Lancaster (Lancaster County), Reading (Berks County) and York (York County), Pennsylvania nonattainment areas have clean data for the 1997 PM 2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for these areas to submit an attainment demonstration, associated reasonably available measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as these areas continue to meet the 1997 PM 2.5 NAAQS.
(e) Determination of Clean Data. EPA has determined, as of March 29, 2012, that based on 2008 to 2010 ambient air quality data, the Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas have attained the 24-hour 2006 PM 2.5 NAAQS. These determinations, in accordance with 40 CFR 51.1004(c), suspend the requirements for these areas to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as these areas continue to meet the 24-hour 2006 PM 2.5 NAAQS.
(f) Determination of Attainment. EPA has determined, as of May 16, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area has attained the 1997 annual PM 2.5 NAAQS. This determination, in accordance with 40 CFR 51.1004(c), suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM 2.5 NAAQS.
(g) Determination of Attainment. EPA has determined, as of October 12, 2012, that based on 2008 to 2010 and 2009 to 2011 ambient air quality data, the Pittsburgh-Beaver Valley fine particle (PM 2.5 ) nonattainment area has attained the 1997 annual PM 2.5 national ambient air quality standards (NAAQS). This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for the Pittsburgh-Beaver Valley PM 2.5 nonattainment area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM 2.5 NAAQS.
(h) Determination of Attainment. EPA has determined, as of January 7, 2013, that based on 2008 to 2010 and 2009 to 2011 ambient air quality data, the Philadelphia-Wilmington, PA-NJ-DE fine particulate matter (PM 2.5 ) nonattainment area has attained the 2006 24-hour PM 2.5 national ambient air quality standards (NAAQS). This determination suspends the requirements for the Commonwealth of Pennsylvania to submit, for the Philadelphia-Wilmington, PA-NJ-DE PM 2.5 area, an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2006 24-hour PM 2.5 NAAQS.
(i) Determination of Attainment. EPA has determined, as of October 25, 2013, based on quality-assured ambient air quality data for 2009 to 2011 and 2010 to 2012 ambient air quality data, that the Liberty-Clairton, PA nonattainment area has attained the 1997 annual fine particle (PM 2.5 ) national ambient air quality standards (NAAQS). This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 1997 annual PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(j) Determination of Clean Data. EPA has determined, as of May 2, 2014, that based on 2010-2012 ambient air quality data, the Pittsburgh-Beaver Valley, Pennsylvania fine particulate matter (PM 2.5 ) nonattainment area has attained the 2006 24-hour PM 2.5 national ambient air quality standards (NAAQS) and approves the motor vehicle emission budgets used for transportation conformity purposes. This determination suspends the requirements for the Pittsburgh-Beaver Valley, Pennsylvania PM 2.5 nonattainment area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2006 24-hour PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
Pittsburgh-Beaver Valley's Motor Vehicle Emission Budgets for the 2006 PM 2.5 NAAQS
(k) EPA approves the maintenance plan for the Harrisburg-Lebanon-Carlisle nonattainment area for the 1997 annual PM 2.5 NAAQS submitted by the Commonwealth of Pennsylvania on April 22, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X mobile vehicle emissions budgets (MVEBs) for the Dauphin, Lebanon and Cumberland Counties to be applied to all future transportation conformity determination and analyses for the Harrisburg-Lebanon-Carlisle nonattainment area for the 1997 annual PM 2.5 NAAQS.
Harrisburg-Lebanon-Carlisle Area's Motor Vehicle Emission Budgets for Cumberland and Dauphin Counties for the 1997 Annual PM 2.5 NAAQS in Tons per Year
Harrisburg-Lebanon-Carlisle Area's Motor Vehicle Emission Budgets for Lebanon County for the 1997 Annual PM 2.5 NAAQS in Tons per Year
(l) EPA approves the maintenance plan for the York nonattainment area for the 1997 annual PM 2.5 NAAQS submitted by the Commonwealth of Pennsylvania on April 22, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X mobile vehicle emissions budgets (MVEBs) for the York County to be applied to all future transportation conformity determination and analyses for the York nonattainment area for the 1997 annual PM 2.5 NAAQS.
York Area's Motor Vehicle Emission Budgets for the 1997 Annual PM 2.5 NAAQS in Tons per Year
(m) EPA approves the maintenance plan for the Harrisburg-Carlisle-Lebanon-York PM 2.5 nonattainment area for the 2006 24-hour PM 2.5 submitted by the Commonwealth of Pennsylvania on April 22, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X mobile vehicle emissions budgets (MVEBs) for the Dauphin, Lebanon, Cumberland, and York Counties be applied to all future transportation conformity determination and analyses for the Harrisburg-Carlisle-Lebanon-York nonattainment area for the 2006 24-hour PM 2.5 NAAQS.
Harrisburg-Carlisle-Lebanon-York Area's Motor Vehicle Emission Budgets for the 2006 24-Hour PM 2.5 NAAQS in Tons per Year
(n) EPA approves the maintenance plan for the Reading nonattainment area for the 1997 annual PM 2.5 NAAQS submitted by the Commonwealth of Pennsylvania on November 25, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X mobile vehicle emissions budgets (MVEBs) for Berks County to be applied to all future transportation conformity determinations and analyses for the Reading nonattainment area for the 1997 annual PM 2.5 NAAQS.
Reading Area's Motor Vehicle Emission Budgets for the 1997 Annual PM 2.5 NAAQS in Tons per Year
(o) EPA approves the maintenance plan for the Allentown nonattainment area for the 2006 24-hour PM 2.5 NAAQS submitted by the Commonwealth of Pennsylvania on September 5, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X mobile vehicle emissions budgets (MVEBs) for Lehigh and Northampton Counties to be applied to all future transportation conformity determinations and analyses for the Allentown nonattainment area for the 2006 24-hour PM 2.5 NAAQS.
Allentown Area's Motor Vehicle Emission Budgets for the 2006 24-Hour PM 2.5 NAAQS in Tons per Year
(p) EPA approves the maintenance plan for the Pennsylvania portion of the Philadelphia nonattainment area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS submitted by the Commonwealth of Pennsylvania on September 5, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X mobile vehicle emissions budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the Pennsylvania portion of the Philadelphia nonattainment area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS.
Pennsylvania Portion of the Philadelphia Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-hour PM 2.5 NAAQS in tons per year
(q) Determination of attainment. EPA has determined, as of July 10, 2015, based on quality-assured ambient air quality data for 2012 to 2014, that the Liberty-Clairton, PA nonattainment area has attained the 2006 24-hour fine particle (PM 2.5 ) national ambient air quality standards (NAAQS). This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2006 24-hour PM 2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM 2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.
(r) EPA approves the maintenance plan for the Johnstown nonattainment area for the 1997 annual and 2006 24-hour PM 2.5 National Ambient Air Quality Standards (NAAQS) submitted by the Commonwealth of Pennsylvania on December 3, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X mobile vehicle emissions budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the Johnstown nonattainment area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS.
Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM 2.5 NAAQS for Cambria County in Tons per Year
Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM 2.5 NAAQS for Indiana County (Partial) in Tons per Year
(s) EPA approves the maintenance plan for the Lancaster nonattainment area for the 1997 annual and 2006 24-hour fine particulate matter (PM 2.5 ) NAAQS submitted by the Commonwealth of Pennsylvania on April 30, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and nitrogen oxides (NO X ) mobile vehicle emissions budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the Lancaster nonattainment area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS.
Lancaster Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM 2.5 NAAQS for Lancaster County in Tons per Year
(t) EPA approves the maintenance plan for the Pittsburgh nonattainment area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS submitted by the Commonwealth of Pennsylvania on December 22, 2014. The maintenance plan includes the 2017 and 2025 PM 2.5 and NO X motor vehicle emissions budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the Pittsburgh nonattainment area for the 1997 annual and 2006 24-hour PM 2.5 NAAQS.
Pittsburgh-Beaver Valley's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM 2.5 NAAQS in Tons per Year
(u) Determination of attainment. EPA has determined based on 2013 to 2015 ambient air quality monitoring data, that the Delaware County, Pennsylvania moderate nonattainment area has attained the 2012 annual fine particulate matter (PM 2.5 ) primary national ambient air quality standard (NAAQS). This determination, in accordance with 40 CFR 51.1015, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning state implementation plan revisions related to attainment of the standard for as long as this area continues to meet the 2012 annual PM 2.5 NAAQS.
(v) Determination of attainment. Effective June 9, 2017, the EPA has determined that, based on 2013 to 2015 ambient air quality data, the Liberty-Clairton, PA PM 2.5 nonattainment area has attained the 2006 24-hour PM 2.5 NAAQS by the applicable attainment date of December 31, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the Liberty-Clairton, PA nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2).
(w) Determination of Attainment. EPA has determined based on 2014 to 2016 ambient air quality monitoring data, that the Lebanon County, Pennsylvania moderate nonattainment area has attained the 2012 annual fine particulate matter (PM 2.5 ) primary national ambient air quality standard (NAAQS). This determination, in accordance with 40 CFR 51.1015, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning state implementation plan revisions related to attainment of the standard for as long as this area continues to meet the 2012 annual PM 2.5 NAAQS.
(x) EPA approves the maintenance plan for the Delaware County nonattainment area for the 2012 annual fine particulate matter (PM 2.5 ) NAAQS submitted by the Commonwealth of Pennsylvania on January 23, 2019. The maintenance plan includes the 2014, 2022, and 2030 PM 2.5 and nitrogen oxides (NO X ) mobile vehicle emissions budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the Delaware County area for the 2012 annual PM 2.5 NAAQS.
Delaware County Area's Motor Vehicle Emission Budgets for the 2012 Annual NAAQS in Tons per Year
(y) EPA approves the maintenance plan for the Lebanon County nonattainment area for the 2012 annual fine particulate matter (PM 2.5 ) NAAQS submitted by the Commonwealth of Pennsylvania on February 11, 2019. The maintenance plan includes the 2014, 2022, and 2030 PM 2.5 and nitrogen oxides (NO X ) mobile vehicle emissions budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the Lebanon County area for the 2012 annual PM 2.5 NAAQS.
Lebanon County Area Motor Vehicle Emission Budgets for the 2012 Annual NAAQS in Tons per Year
(z) EPA approves the limited maintenance plan for the second 10-year maintenance period for the PM 10 Liberty Borough area in Allegheny County.
§ 52.2060   Small Business Assistance Program.
On February 1, 1993, the Secretary of the Pennsylvania Department of Environmental Resources submitted a plan for the establishment and implementation of the Small Business Assistance Program as a state implementation plan (SIP) revision, as required by Title V of the Clean Air Act Amendments. EPA approved the Small Business Assistance Program on March 6, 1995, and made it part of the Pennsylvania SIP. As with all components of the SIP, Pennsylvania must implement the program as submitted and approved by EPA.
§ 52.2061   Operating permits.
(a) Emission limitations and related provisions which are established in Pennsylvania operating permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA's underlying regulations.
(b) Emission limitations and related provisions which are established in Pennsylvania general operating permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem general permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the general permit, general permit approval procedures, or general permit requirements which do not conform with the general operating permit program requirements or the requirements of EPA's underlying regulations.
§ 52.2062   Plan approvals.
(a) Emission limitations and related provisions which are established in Pennsylvania plan approvals as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem plan approval conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the plan approval, the relevant approval procedures, or plan requirements which do not conform with the plan approval program requirements or the requirements of EPA's underlying regulations.
(b) Emission limitations and related provisions which are established in Pennsylvania general plan approvals as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem general plan approval conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the general plan approval, the relevant approval procedures, or plan requirements which do not conform with the general plan approval program requirements or the requirements of EPA's underlying regulations.
§ 52.2063   Original identification of plan section.
(a) This section identifies the original “Air Implementation Plan for the Commonwealth of Pennsylvania” and all revisions submitted by Pennsylvania that were federally approved prior to February 10, 2005. The information in this section is available in the 40 CFR, part 52, Volume 2 of 2 (§§ 52.1019 to the end of part 52) editions revised as of July 1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 (§§ 52.2020 to the end of part 52) edition revised as of July 1, 2012.
(b) [Reserved]
§ 52.2064   EPA-approved Source-Specific Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX).
This section explains the EPA-approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NO X ) incorporated by reference as part of the Pennsylvania State Implementation Plan (SIP) identified in § 52.2020(d)(1).
(a) Approval of source-specific RACT requirements for 1997 and 2008 8-hour ozone national ambient air quality standards for the facilities listed below are incorporated as specified below. (Rulemaking Docket No. EPA-OAR-2019-0686).
(1) First Quality Tissue, LLC—Incorporating by reference Permit No. 18-00030, issued September 18, 2017, as redacted by Pennsylvania.
(2) JW Aluminum Company—Incorporating by reference Permit No. 41-00013, issued March 1, 2017, as redacted by Pennsylvania.
(3) Ward Manufacturing, LLC—Incorporating by reference Permit No. 59-00004, issued January 10, 2017, as redacted by Pennsylvania.
(4) Foam Fabricators Inc.—Incorporating by reference Permit No. 19-00002, issued December 20, 2017, as redacted by Pennsylvania.
(5) Blommer Chocolate Company—Incorporating by reference Permit No. 46-00198, issued January 26, 2017, as redacted by Pennsylvania.
(6) Wood-Mode Inc.—Incorporating by reference Permit No. 55-00005, issued July 12, 2017, as redacted by Pennsylvania.
(7) Exelon Generation—Fairless Hills—Incorporating by reference Permit No. 09-00066, issued January 27, 2017, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-09-0066, issued December 31, 1998 and amended April 6, 1999, except for Conditions 10, 11.A, 11.C, 11.D, 12, 13, 14, and 15, which remain as RACT requirements for the two remaining Boilers No. 4, Serial 2818 (now Source ID 044) and No. 5, Serial 2819 (now Source ID 045). See also § 52.2063(c)(143)(i)(B)(15) for prior RACT approval.
(8) The Boeing Co.—Incorporating by reference Permit No. 23-00009, issued August, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. CP-23-0009, issued September 3, 1997, except for Conditions 5.A, 5.C.1-3, and 5.D.2 and 4 (applicable to Source ID 251, Composite Manufacturing Operations); Conditions 7.A, 7.B.1-4, 7.D.1 and 7.E (applicable to Source ID 216, Paint Gun Cleaning); Condition 11.A, 11.C-E and 11.G (applicable to all solvent wiping and cleaning facility-wide); Condition 12 (applicable to listed de minimis VOC emission sources facility-wide); Condition 14.A (applicable to Source IDs 041, 050 and 051, Emergency Generators and Diesel Fire Pump); Conditions 15.B and 16.B (applicable to Source IDs 033 and 039, Cleaver Brooks Boilers 1 and 2); Condition 15.D (applicable to Source ID 042, 4 combustion turbines); Condition 16.C (applicable to Source IDs 041, 050, 050A, 051, 051A, and 051B, Emergency Generators); and Condition 16.D (applicable to Source ID 039, Cleaver Brooks Boiler 2), which remain as RACT requirements. See also § 52.2063(c)(143)(i)(B)(1) for prior RACT approval.
(9) Cherokee Pharmaceuticals, LLC—Incorporating by reference Permit No. 49-00007, issued April 24, 2017, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-49-0007B, issued May 16, 2001 remain as RACT requirements. See also § 52.2063(d)(1)(v) for prior RACT approval.
(10) Resilite Sports Products Inc—Incorporating by reference Permit No. 49-00004, issued August 25, 2017, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-49-0003 issued December 3, 1996, remain as RACT requirements except for Condition 5c, which is superseded by the new permit. See also § 52.2063(c)(207)(i)(B)(1) for prior RACT approval.
(11) NRG Energy Center Paxton, LLC—Incorporating by reference Permit No. 49-00004, issued March 16, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit Nos. OP-22-02005 and OP-22-02015, both issued March 23, 1999, for Source IDs 032 and 033, Boilers No. 13 and 14. However, RACT Permit No. OP-22-02005 remains in effect as to Source IDs 031 and 034, Boilers No. 12 and 15, except for Conditions 1(a), 7, 14, 16, 21; and RACT Permit No. OP-22-02015 remains in effect as to Source IDs 102 and 103, Engines 1 and 2, except for Conditions 1(a), 7, 8, 9, 10, 12(c), 13, 14. See also § 52.2063(d)(1)(l) for prior RACT approval.
(12) Containment Solutions, Inc./Mt. Union Plant—Incorporating by reference Permit No. 31-05005, issued July 10, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-31-02005, issued April 9, 1999. See also § 52.2063 (c)(149)(i)(B)(11) for prior RACT approval.
(13) Armstrong World Industries, Inc.—Marietta Ceiling Plant—Incorporating by reference Permit No. 36-05001, issued June 28, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 36-2001, issued July 3, 1999. See also § 52.2063(d)(1)(b) for prior RACT approval.
(14) Jeraco Enterprises Inc.—Incorporating by reference Permit No. 49-00014, issued January 26, 2018, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-49-0014, issued April 6, 1997, remain as RACT requirements. See also § 52.2063(d)(1)(h) for prior RACT approval.
(15) Texas Eastern Transmission, L.P.—Bernville—Incorporating by reference Permit No. 06-05033, issued March 16, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-06-1033, issued January 31, 1997, except for Conditions 6, 7, 9, 10, 11, 12 and 13 which remain as RACT requirements. See also § 52.2063(c)(120)(i)(B)(1) for prior RACT approval.
(16) Texas Eastern Transmission, L.P.—Shermans Dale—Incorporating by reference Permit No. 50-05001, issued March 26, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-50-02001, issued April 12, 1999. See also § 52.2063(d)(1)(n) for prior RACT approval.
(17) Texas Eastern Transmission, L.P.—Perulack—Incorporating by reference Permit No. 34-05002, issued March 16, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-34-2002, issued January 31, 1997, except for Conditions 5.c, 6.a and 15 which remain as RACT requirements. See also § 52.2063(d)(1)(r) for prior RACT approval.
(18) Texas Eastern Transmission, L.P.—Grantville—Incorporating by reference Permit No. 22-05010, issued March 27, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 22-2010, issued January 31, 1997. See also § 52.2063(d)(1)(f) for prior RACT approval.
(19) Texas Eastern Transmission, L.P.—Bechtelsville—Incorporating by reference Permit No. 06-05034, issued April 19, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-06-1034, issued January 31, 1997. See also § 52.2063(c)(120)(i)(B)(2) for prior RACT approval.
(b) Approval of source-specific RACT requirements for 1997 and 2008 8-hour ozone national ambient air quality standards for the facilities listed below are incorporated as specified below. (Rulemaking Docket No. EPA-OAR-2020-0189).
(1) Transco—Salladasburg Station 520—Incorporating by reference Permit No. 41-00001, issued June 6, 2017, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 41-0005A, issued August 9, 1995, except for Conditions 3, 4, 6, 8, 14, and 18, which remain as RACT requirements applicable to the three 2050 hp Ingersoll Rand engines #1, 2, and 3 (Source IDs P101, P102, P103). See also § 52.2063(d)(1)(i) for prior RACT approval.
(2) Novipax—Incorporating by reference Permit No. 06-05036, issued December 19, 2017, as redacted by Pennsylvania, which supersedes the prior RACT Plan Approval No. 06-1036, issued May 12, 1995 to W. R. Grace and Co. FORMPAC Division, except for Conditions 3, 4 (applicable to two pentane storage tanks, Source IDs 101 and 101A), 5 (applicable to extruders, Source ID 102, and facility wide to Source IDs 103, 104, 105, 106, 106B, 106C, 107, and 108), 7 (applicable to Source IDs 101, 101A, and 102) and 8 (applicable to Source IDs 101, 101A, and 102), which remain as RACT requirements applicable to the indicated sources, and Plan Approval No. 06-315-001, issued June 4, 1992 to W. R. Grace and Co.—Reading Plant, except for Conditions 4 (applicable to Source ID 102), 5 (applicable to Source IDs 101 and 101A), and 6 (applicable to Source IDs 101, 101A, and 102), which remain as RACT requirements applicable to the indicated sources. See also § 52.2063(c)(108)(i)(B)(6) for prior RACT approvals.
(3) Sunoco Partners Marketing & Terminals—Incorporating by reference Permit No. 23-00119, issued January 20, 2017, as redacted by Pennsylvania, which supersedes the prior RACT Compliance Permit No. CP-23-0001, issued June 8, 1995 and amended on August 2, 2001, except for Conditions 5E (applicable to diesel engine and stormwater pumps, Source ID 113), 6A (applicable to marine vessel loading, Source ID 115), 6B (tank truck loading), 6C (applicable to cooling tower 15-2B, Source ID 139), and 6D (applicable to waste water treatment, Source 701), which remain as RACT requirements applicable to the indicated sources. See also § 52.2063(c)(179)(i)(B)(6) for prior RACT approval.
(4) Global Advanced Metals USA, Inc.—Incorporating by reference Permit No. 46-00037, issued March 10, 2017, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-46-0037, issued April 13, 1999, except for condition 15, which remains as a RACT requirement applicable to the tantalum salts process (Source ID 102), the extraction process (Source ID 124), the wastewater treatment plant (Source ID 201), and fugitive emissions from ethanol transfer and storage (Source 109). See also § 52.2063(c)(143)(i)(B)(20) for prior RACT approval.
(c) Approval of source-specific RACT requirements for 1997 and 2008 8-hour ozone national ambient air quality standards for the facilities listed below are incorporated as specified below. (Rulemaking Docket No. EPA-OAR-2019-0657).
(1) Carpenter Co.—Incorporating by reference Permit No. 39-00040, issued September 5, 2018, as redacted by Pennsylvania.
(2) East Penn Manufacturing Co. Inc, Smelter Plant—Incorporating by reference Permit No. 06-05040D, issued January 3, 2019, as redacted by Pennsylvania.
(3) Ellwood Quality Steels Co.—Incorporating by reference Permit No. 37-00264, issued October 13, 2017, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-37-313, issued January 31, 2001, remain as RACT requirements. See also § 52.2063(d)(1)(d) for prior RACT approval.
(4) GE Transportation—Erie Plant—Incorporating by reference Permit No. 25-00025, issued February 21, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-25-025A, issued August 26, 2002. See also §§ 52.2063(c)(98)(i)(B)(5) and 52.2063(c)(198)(i)(B) for prior RACT approvals.
(5) Graymont Pleasant Gap—Incorporating by reference Permit No. 14-00002, issued February 5, 2018, as redacted by Pennsylvania, which supersedes Graybec Lime, Inc. OP-14-0004 (issued April 16, 1999), Bellefonte Lime Company. OP-14-0002 (issued October 19, 1998), and Con-Lime, Inc. OP-14-0001 (issued June 30, 1995 and amended January 7, 1998). Graymont Pleasant Gap is the consolidation of three facilities, formerly referenced as Graybec Lime, Inc., Bellefonte Lime Company, and Con-Lime, Inc. (Con-Lime, Inc.—Bellefonte) See §§ 52.2063(d)(1)(n), 52.2063(d)(1)(q), 52.2063(c)(122)(i)(B)(5), and 52.2063(c)(130)(i)(B)(3) for prior RACT approvals.
(6) Hazleton Generation—Incorporating by reference Permit No. 40-00021, issued June 19, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 40-0031A, issued March 10, 2000, except for Conditions 5-8, 12, and 14-17. See also § 52.2063(c)(196)(i)(B)(4) for prior RACT approval.
(7) Helix Ironwood—Incorporating by reference Permit No. 38-05019, issued September 24, 2018, as redacted by Pennsylvania.
(8) Magnesita Refractories—Incorporating by reference Permit No. 67-05001, issued November 27, 2018, as redacted by Pennsylvania, which supersedes the prior RACT I Permit No 67-2001, issued December 22, 1994, except for Conditions 4, 6, 7, 8, 10, and 11. See also § 52.2063(c)(98)(i)(B)(6) for prior RACT approval.
(9) Penn State University—Incorporating by reference Permit No. 14-00003, issued December 13, 2017, as redacted by Pennsylvania which supersedes the prior RACT Permit No. OP-14-0006, issued December 30, 1998; however, RACT Permit No. OP-14-0006 remains in effect as to Source ID 035, WCSP Boiler 8, and as to Source IDs 036 and 037, ECSP Boilers No. 1 and 2, except for Condition 8, which is superseded. See also § 52.2063(d)(1)(c) for prior RACT approval.
(d) Approval of source-specific RACT requirements for 1997 and 2008 8-hour ozone national ambient air quality standards for the facilities listed below are incorporated as specified below. (Rulemaking Docket No. EPA-OAR-2020-0597).
(1) Volvo Construction Equipment North America, LLC.—Incorporating by reference Permit No. 28-05012, effective June 1, 2019, as redacted by Pennsylvania.
(2) National Fuel Gas Supply Corporation Roystone Compressor Station—Incorporating by reference Permit No. 62-141H, effective January 16, 2018, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-62-141F, effective April 1, 2003, remain as RACT requirements except for the Penneco boiler (1.5 MMBtu/hr) and Struthers boiler (2.5 MMBtu/hr), which are no longer in operation. See also § 52.2063(c)(213)(i)(B)(1) for prior RACT approval.
(3) E.I. DuPont de Nemours and Company—Incorporating by reference Permit No. 08-00002, effective September 28, 2018, as redacted by Pennsylvania.
(4) Carmeuse Lime, Inc—Incorporating by reference Permit No. 38-05003, effective March 6, 2019, as redacted by Pennsylvania.
(5) Kovatch Mobile Equipment Corporation—Incorporating by reference Permit No. 13-00008, effective October 27, 2017, as redacted by Pennsylvania.
(6) Merck, Sharp & Dohme Corporation—Incorporating by reference Permit No. 46-00005, issued January 5, 2017, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-46-0005, issued January 13, 1997 and revised June 23, 2000, except for the following conditions, which remain as a RACT requirements applicable to the following sources: Conditions #4A, #9C, and #13D for boiler 3 (Source ID 033); conditions #4A, #9C, and #13D for boiler 5 (Source ID 035); conditions #4B and #9 for the gas turbine (Source ID 039); conditions #6A, #6B, and #6D for any remaining shell freezers (Source ID 105); conditions #6A and #6D for air emissions (disinfection; Source IDs 105, 107, 108, and 111); conditions #4C and #9 for any remaining generators (various Source IDs); condition #8 for research and development (Section C); and condition #11 for any remaining deminimus sources (Section C). See also § 52.2063(c)(154)(i)(D) for prior RACT approval.
(7) Letterkenny Army Depot—Incorporating by reference Permit No. 28-05002, effective June 1, 2018, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 28-02002, effective February 3, 2000 except for conditions 5, 6, 7, 8, 9, 10, 11, 12, and 14 which also remain as RACT requirements. See also § 52.2063(d)(1)(g) for prior RACT approval.
(8) Fairless Energy, LLC—Incorporating by reference Permit No. 09-00124, effective December 6, 2016 as redacted by Pennsylvania.
(e) Approval of source-specific RACT requirements for 2008 8-hour ozone national ambient air quality standards for the facilities listed in this paragraph are incorporated as specified. (Rulemaking Docket No. EPA-OAR-2020-0575).
(1) Bellefield Boiler Plant—Incorporating by reference Installation Permit No. 0047-I003a, issued on April 14, 2020 and amended on November 30, 2020 as redacted by ACHD, which supersedes RACT Enforcement Order No. 248, effective December 19, 1996, except for Conditions 1.2, 1.3, 1.4, 1.5 and 1.7A through E, which remain as RACT requirements. See also § 52.2063(c)(177)(i)(B)(3) for prior RACT approval.
(2) Eastman Chemical Resins, Inc. Jefferson Site—Installation Permit No. 0058-I026 issued April 21, 2020, as redacted by ACHD, which supersedes Consent Order No. 257, issued on January 14, 1997, except for Conditions 1.1, 1.2, 1.3, 1.4, and 1.7, which remain as RACT requirements. The requirements of Enforcement Order No. 216, issued March 8, 1996, also continue to apply to identified sources that continue to operate. See also §§ 52.2063(c)(166)(i)(B)(2) and 52.2063(c)(166)(i)(B)(3), respectively, for prior RACT approval.
(3) Energy Center Pittsburgh LLC, North Shore Plant— Incorporating by reference Installation Permit No. 0022-I003a, issued on March 18, 2020 and amended on November 30, 2020, as redacted by ACHD. All permit conditions in the prior RACT Permit, CO No. 220, effective March 4, 1996, remain as RACT requirements. See also § 52.2063(d)(1)(o) for prior RACT approval.
(4) Neville Chemical Company—Incorporating by reference Installation Permit No. 00060d issued September 28, 2015 and amended on November 10, 2020, as redacted by ACHD, which supersedes Consent Order No. 230, issued on December 13, 1996, except for Conditions 1.1, 1.3, 1.5, 1.6, 1.7. 1.9, and 1.10, which remain as RACT requirements. See also § 52.2063(c)(166)(i)(B)(4) for prior RACT approval.
(5) Pittsburgh Allegheny County Thermal, Ltd—Incorporating by reference Permit No. 0044-I001a, issued on March 25, 2020 and amended on November 30, 2020, as redacted by ACHD. All permit conditions in the prior RACT Permit, CO No. 265, effective November 9, 1998, remain as RACT requirements. See also § 52.2063(c)(177)(i)(B)(8) for prior RACT approval.
(6) Universal Stainless & Alloy Products, Inc.—Incorporating by reference Title V Operating Permit No. 0027a, issued on November 21, 2017 and amended on February 20, 2020, as redacted by ACHD, which supersedes Consent Order No. 241 issued on December 19, 1996, except for Conditions 1.1, 1.2, and 1.3, which remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(2) for prior RACT approval.
(7) U.S. Steel Mon Valley Works Clairton Plant—Incorporating by reference Installation Permit No. 0052-I020b, revised and issued December 11, 2020, as redacted by ACHD, which supersedes RACT Consent Order No. 234, issued December 30, 1996, except for Conditions 1.1, 1.3, 1.4, 1.5, and 1.6, which remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(5) for prior RACT approval.
(8) U.S. Steel Mon Valley Works Edgar Thompson Plant—Incorporating by reference Installation Permit 0051-I008a, revised and effective on (December 7, 2020), which supersedes the RACT Consent Order No. 235, issued December 30, 1996, except for Conditions 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7, which remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(6) for prior RACT approval.
(9) U.S. Steel Mon Valley Works—Irvin Plant—Incorporating by reference Title V Operating Permit No. 0050-OP16c, issued on December 7, 2020, as redacted by ACHD, which supersedes RACT Consent Order No. 258, issued December 30, 1996, except for Conditions 1.1 and 1.2 and for Source ID P008 (No. 3 Five Stand Cold Reduction Mill) Condition 1.3, which remain as RACT requirements. See also § 52.2063(c)(172)(i)(B)(7) for prior RACT approval.
(f) Approval of source-specific RACT requirements for the 2008 8-hour ozone national ambient air quality standard for the facilities listed in this paragraph are incorporated as specified. (Rulemaking Docket No. EPA-OAR-2020-0598).
(1) AdvanSix Resins & Chemicals LLC—Frankford Plant—Incorporating by reference RACT Plan Approval No. IP16-000276, revised and effective March 5, 2020, which supersedes the prior RACT Plan Approval effective February 9, 2016. See also the Federal Register of October 7, 2016, for prior RACT approval.
(2) Exelon Generation Company—Richmond Generating Station—Incorporating by reference RACT Plan Approval No. IP16-000246, effective April 20, 2020 which supersedes the prior RACT Plan Approval, effective February 9, 2016. See also the Federal Register of October 7, 2016, for prior RACT approval.
(3) Grays Ferry Cogeneration Partnership—Incorporating by reference RACT Plan Approval No. IP-16-000250, effective March 4, 2020, which supersedes RACT Plan Approval, effective January 9, 2015. See also the Federal Register of October 7, 2016, for prior RACT approval.
(4) Vicinity Energy Philadelphia—Schuylkill Station—Incorporating by reference RACT Plan Approval No. IP16-000249, effective March 4, 2020, which supersedes RACT Plan Approval, effective February 9, 2016. See also the Federal Register of October 7, 2016, for prior RACT approval.
(5) Kinder Morgan Liquids Terminals, LLC—Philadelphia Terminal—Incorporating by reference RACT Plan Approval No. IP16-000233, effective April 20, 2020, which supersedes RACT Plan Approval, effective February 9, 2016. See also the Federal Register of October 7, 2016, for prior RACT approval.
(6) Naval Surface Warfare Center—Philadelphia Division—Incorporating by reference RACT Plan Approval No. IP16-000235, effective March 20, 2020, which supersedes the prior RACT Plan Approval, effective February 9, 2016. See also the Federal Register of October 7, 2016, for prior RACT approval.
(7) Newman and Company, Inc.—Incorporating by reference RACT Plan Approval No. IP16-000223, effective March 31, 2020, which supersedes RACT Plan Approval, effective January 9, 2015. See also the Federal Register of October 7, 2016, for prior RACT approval.
(8) Philadelphia Energy Solutions Refining and Marketing LLC.—Incorporating by reference RACT Plan Approval No. IP-16-00269, effective April 24, 2020, which supersedes the RACT Plan Approval effective February 9, 2016. See also the Federal Register of October 7, 2016, for prior RACT approval.
(9) Philadelphia Shipyard Inc.—Incorporating by reference RACT Plan Approval No. IP16-000300, effective April 8, 2020.
(g) 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 (g) are incorporated as specified. (Rulemaking Docket No. EPA-OAR-2021-0380.)
(1) Anvil International, LLC—Incorporating by reference Permit No. 36-05019, effective February 1, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 36-2019, effective June 30, 1995, remain as RACT requirements for Sources 501, 502, 503, and 196. See also § 52.2020(d)(1), for prior RACT approval.
(2) ArcelorMittal Plate LLC Conshohocken Plant—Incorporating by reference Permit No. 46-00011, effective January 26, 2018, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-46-0011, effective December 11, 1998, remain as RACT requirements except for Conditions 8 and 9, which are superseded by the new permit. See also § 52.2063(c)(185)(i)(B)( 2 ), for prior RACT approval.
(3) Braskem America Inc. Marcus Hook—Incorporating by reference Permit No. 23-00012, effective March 2, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-23-0012, effective February 15, 1996, remain as RACT requirements. See also § 52.2063(c)(143)(i)(B)( 25 ), for prior RACT approval.
(4) Buck Co Inc. Quarryville—Incorporating by reference Permit No. 36-05053, effective April 1, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 36-2035, effective August 1, 1995, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(5) Calumet Karns City Refining LLC—Incorporating by reference Permit No. 10-027H, issued November 29, 2018, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 10-027, issued May 31, 1995 are superseded except for Condition No. 4 for Boiler No. 1, which remains as a RACT requirement. See also § 52.2063(c)(177)(i)(B)( 1 ), for prior RACT approval.
(6) Clarion Bathware Marble—Incorporating by reference Permit No. 16-00133, effective February 19, 2020, as redacted by Pennsylvania.
(7) Domtar Paper Company Johnsonburg Mill—Incorporating by reference Permit No. 24-00009, effective February 25, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-24-009, effective May 23, 1995, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(8) Exelon Generation Company, LLC Croydon Generating Station—Incorporating by reference Permit No. 09-00016, effective April 11, 2018, as redacted by Pennsylvania, in addition to the prior RACT Permit No. OP-09-0016A, issued December 20, 1996 which also remains as RACT requirements except for condition 9.A. See also § 52.2063(c)(143)(i)(B)( 13 ), for prior RACT approval.
(9) Georgia-Pacific Panel Products LLC Mount Jewell MDF—Incorporating by reference Permit No. 42-158R, effective January 2, 2019, as redacted by Pennsylvania.
(10) GE Transportation Grove City Engine—Incorporating by reference Permit No. 43-00196, effective October 7, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-43-196, effective May 16, 2001, remain as RACT requirements except for Conditions 3 and 9. See also § 52.2020(d)(1), for prior RACT approval.
(11) GrafTech USA LLC St Marys- Incorporating by reference Permit No. 24-00012, effective May 1, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 24-012, effective May 12, 1995 remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(12) Haysite Reinforced Plastics LLC Erie- Incorporating by reference Permit No. 25-00783, effective July 24, 2019, as redacted by Pennsylvania.
(13) INMETCO Ellwood City—Incorporating by reference Permit No. 37-00243, effective December 6, 2019, as redacted by Pennsylvania, which supersedes the prior RACT I Permit No. OP-37-243, effective August 9, 2000, except for Condition 5 (but only to the extent Condition 5 incorporates the operation and maintenance requirements of Condition 6 of OP-37-243, effective September 1, 1995, for the furnaces), which remains as a RACT requirement. See also § 52.2020(d)(1), for prior RACT approval.
(14) International Waxes Inc Farmers Valley—Incorporating by reference Permit No.42-00011, effective February 21, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-42-110, effective March 4, 1996, except for Conditions 8 and 9, which remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(15) Jeld Wen Fiber Division PA—Incorporating by reference Permit No. 08-00003, effective September 21, 2018, as redacted by Pennsylvania.
(16) Mars Wrigley Confectionery US LLC Elizabethtown—Incorporating by reference Permit No. 36-05142, effective July 18, 2019, as redacted by Pennsylvania.
(17) Molded Fiber Glass Co Union City—Incorporating by reference Permit No. 25-00035, effective February 5, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-25-035, effective July 30, 1999, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(18) Monroe Energy LLC Trainer—Incorporating by reference Permit No. 23-00003, effective June 5, 2017, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 23-0003, effective April 29, 2004, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(19) Nova Chemicals Company Beaver—Incorporating by reference Permit No. 04-00033, issued April 2, 2020, as redacted by PADEP, which supersedes prior RACT Permit No. 04-000333, issued April 16, 1999 and reissued January 24, 2001. See also § 52.2063(c)(173)(i)(B)( 4 ), for prior RACT approval.
(20) Sasol Chemicals USA LLC—Incorporating by reference Permit No. 61-00011, effective February 16, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 61-011, effective April 18, 2005, remain as RACT requirements, except for the bypass limitation in Condition 12 (applicable to Source 107, 314/340 Distillation Columns), which is superseded by the new permit. See also § 52.2020(d)(1), for prior RACT approval.
(21) Silberline Manufacturing Company Lincoln Drive Plant- Incorporating by reference Permit No. 54-00041, effective March 16, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 54-0041, effective April 19, 1999, remain as RACT requirements. See also § 52.2063(c)(143)(i)(B)( 44 ), for prior RACT approval.
(22) Superior Tube Company Lower Providence—Incorporating by reference Permit No. 46-00020, effective February 5, 2020, as redacted by Pennsylvania, which supersedes the prior RACT I Permit No OP-46-0020, effective April 17, 1998, except for the facility-wide NO X emissions limit found in Condition 4 and Conditions 5, 10, 11, 13, 14, and 15, which remain as RACT requirements. See also § 52.2063(c)(136)(i)(B)( 13 ), for prior RACT approval.
(23) Victaulic Company Alburtis Facility—Incorporating by reference Permit No. 39-00069, effective October 24, 2017, as redacted by Pennsylvania.
(24) Victaulic Forks Facility—Incorporating by reference Permit No. 48-00009, effective October 24, 2017, as redacted by Pennsylvania.
(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 § 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 § 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 § 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 § 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 § 52.2063(c)(170)(i)(B)( 7 ) for prior RACT approval.
(6) Omnova Solutions Inc—Jeannette Plant—Incorporating by reference 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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.
(i) 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 (i) are incorporated as specified. (Rulemaking Docket No. EPA-OAR-2021-0531.)
(1) AK Steel Corp—Incorporating by reference Permit No. 10-00001, effective February 25, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Plan Approvals Nos. PA-10-001M and PA-10-001S, effective February 23, 1996, except for Conditions #4 (annual stack testing requirement for the #3 Baghouse only), #10, and #15 (as it relates to Boiler #10 only) in Plan Approval No. PA-10-001M. See also § 52.2063(c)(175)(i)(B) and (C), for prior RACT approvals.
(2) Allegheny and Tsingshan Stainless LLC, Midland Facility—Incorporating by reference Permit No. 04-00013, effective February 24, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-04-000-013, effective March 23, 2001. See also § 52.2063(c)(172)(i)(B)( 10 ), for prior RACT approval.
(3) Alumax Mill Products—Incorporating by reference Permit No. 36-05014, effective September 9, 2019, as redacted by Pennsylvania.
(4) American Craft Brewery LLC—Incorporating by reference Permit No. 39-00006F, effective October 23, 2019, as redacted by Pennsylvania.
(5) American Refining Group Inc—Incorporating by reference Permit No. 42-00004, effective January 15, 2020, and Plan Approval No. 42-004K, effective September 24, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-42-004, effective November 23, 1998, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(6) American Zinc Recycling Corp—Incorporating by reference Permit No. 13-00001, effective March 25, 2019, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-13-00001, effective May 16, 1995. See also § 52.2063(c)(196)(i)(B)( 3 ), for prior RACT approval.
(7) Appvion Operations, Inc.—Incorporating by reference Permit No. 07-05001, effective March 16, 2020, as redacted by Pennsylvania.
(8) ArcelorMittal Steelton LLC—Incorporating by reference Permit No. 22-05012, effective March 1, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 22-02012, effective April 9, 1999, remain as RACT requirements except for Conditions 9-15 and for Condition 20 as it relates to Boilers #2 and #5, Soaking Pit Batteries #1-#3, and the 20” Mill Reheat Furnace. See also § 52.2063(c)(191), for prior RACT approval.
(9) Carpenter Technology Corporation, Reading Plt—Incorporating by reference Permit No. 06-05007, revised March 10, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 06-1007, issued September 27, 1996, except as modified by Section E, Source Group 23 Condition No. 001 in Permit No. 06-05007, referenced above, which remains as a RACT requirement.
(10) Chestnut Ridge Foam Inc—Incorporating by reference Permit No. 65-00181, effective January 22, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. OP-65-000-181, effective December 29, 1995, except for Condition 8, which remains a RACT requirement. See also § 52.2063(c)(170)(i)(B)( 4 ), for prior RACT approval.
(11) East Penn Manufacturing Company, Inc.—Incorporating by reference Permit No. 06-05069, revised May 21, 2019, as redacted by Pennsylvania.
(12) General Carbide Corporation—Incorporating by reference Permit No. 65-00622, effective March 3, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-65-000-622, effective December 29, 1995, remain as RACT requirements. See also § 52.2063(c)(178)(i)(B)( 6 ), for prior RACT approval.
(13) Lord Corp Saegertown—Incorporating by reference Permit No. 20-00194, effective April 12, 2021, as redacted by Pennsylvania.
(14) NLMK Pennsylvania LLC, Farrell Plt—Incorporating by reference Permit No. 43-00310, issued January 22, 2020 as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 43-285, effective November 3, 1995. See also § 52.2063(c)(113)(i)(B)( 1 ), for prior RACT approval.
(15) Omnova Solutions Inc.—Auburn Plant—Incorporating by reference Permit No. 54-00009, issued June 26, 2018, as redacted by PADEP. All permit conditions in the prior RACT Permit No. 54-0009, issued June 12, 1996, are superseded except for Condition No. 5(c) for the Hot Oil Furnace and Pump House Heater, which remains as a RACT requirement. See also § 52.2020(d)(1), for prior RACT approval.
(16) Pixelle Specialty Solutions LLC—Spring Grove Mill—Incorporating by reference Permit No. 67-05004, effective April 1, 2020, as redacted by PADEP.
(17) Sonneborn LLC—Incorporating by reference Permit No. 10-037I, effective September 17, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit Nos. OP-10-037, effective June 4, 2003, and PA-10-037, effective June 27, 1995, remain as RACT requirements. See also § 52.2063(c)(213)(i)(B)( 2 ) and (c)(173)(i)(B)( 2 ), for prior RACT approvals.
(18) Specialty Tires of America, Indiana Plant—Incorporating by reference Permit No. 32-00065, effective January 16, 2019, as redacted by Pennsylvania, which supersedes Permit No. 32-000-065, effective January 1, 2000 except for short term VOC limits for Source 103 and short and annual limits for Sources 101, 102, and 104 in Condition 5, which remain as RACT. See also § 52.2020(d)(1), for prior RACT approval.
(19) Standard Steel LLC—Incorporating by reference Permit No. 44-05001, effective August 16, 2019, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 44-2001, effective May 31, 1995, except for Conditions 4, 5 (as it applies to the three continuous conveyors Nos. AFM 8138, AFM 8139, and AFM 8139 [Source IDs 201, 201B, and 201C] only), 6, 7, 9, 10, 11, 12, 13, 14, 16 (as it applies to 7465 150 HP Boiler 7466 500 HP Boiler, and 7467 300 HP Boiler [Source IDs 032, 037, and 038] only). See also § 52.2020(d)(1), for prior RACT approval.
(20) Tennessee Gas Pipeline Co., Mercer Station 219—Incorporating by reference Permit No. 43-00272, effective January 2, 2019, as redacted by Pennsylvania. Previously incorporated Permit No. 43-0272, effective April 7, 1999, remains as RACT, except for Condition 3 requirements for retarding ignition timing of the six 1100 bhp Cooper-Bessemer GMV-10TF engines (Sources 131, 132, 133, 134, 135, and 136) and five 1350 bhp Cooper-Bessemer GMV10 engines (Sources 139, 140, 141, 142, and 143) and Condition 5 pound per hour limits for the six 1100 bhp Cooper-Bessemer GMV-10TF engines (Sources 131, 132, 133, 134, 135, and 136), two 1350 bhp Cooper-Bessemer GMV 10TFS engines (Sources 137 and 138), and five 1350 bhp Cooper-Bessemer GMV10 engines (Sources 139, 140, 141, 142, and 143), which are superseded. See also § 52.2063(c)(218)(i)(B)( 2 ), for prior RACT approval.
(21) Truck Accessories Group Milton Plant—Incorporating by reference Permit No. 49-00020, effective January 14, 2020, as redacted by Pennsylvania, in addition to the prior RACT Permit No. 54-0041, Permit No. OP-49-0005, effective March 26, 1999, which also remains as RACT. See also § 52.2020(d)(1), for prior RACT approval.
(22) United Refining Co—Incorporating by reference Permit No. 62-00017, effective February 6, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-62-017, effective November 14, 1996, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(23) Wheatland Tube Company—Incorporating by reference Permit No. 43-00182, issued June 9, 2015, revised and effective March 26, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. 43-182, issued July 26, 1995, remain as RACT requirements. See also § 52.2020(d)(1), for prior RACT approval.
(j) Approval of source-specific RACT requirements for 1997 and/or 2008 8-hour ozone national ambient air quality standards for the facilities listed in this paragraph are incorporated as specified. (Rulemaking Docket No. EPA-OAR-2022-0165).
(1) ArcelorMittal Plate LLC Coatesville—Incorporating by reference Permit No. 15-00010, effective March 18, 2020, as redacted by Pennsylvania, which supersedes the prior RACT Permit No. 15-0010, effective May 6, 1999, except for Conditions 18, 19, and 23-31 which remain as RACT requirements. See also § 52.2063(c)(143)(i)(B)( 11 ), for prior RACT approval.
(2) ATI Flat Rolled Products Holdings, LLC—Installation Permit No. 0059-I009a effective December 3, 2020 and Installation Permit No. 0059-I008d effective April 21, 2021, as redacted by ACHD, which supersede RACT Order 260, issued December 19, 1996 to Allegheny Ludlum Corporation, except for conditions 1.1, 1.2, 1.3, 1.4, 1.9, and 1.10.
(3) Boyertown Foundry Company—Incorporating by reference Permit No. 06-05063, effective on August 1, 2020, as redacted by PADEP.
(4) Grove US LLC Shade Grove Plant—Incorporating by reference Permit No. 28-05004, effective January 1, 2020, as redacted by Pennsylvania.
(5) INDSPEC Chemical Corporation Petrolia—Incorporating by reference Permit No. 10-00021, effective December 17, 2020, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. #10-021, effective October 10, 1998, remain as RACT requirements. See also § 52.2063(c)(186)(i)(B)( 2 ), for prior RACT approval.
(6) Texas Eastern Transmission LP Lilly Station—Incorporating by reference Permit No. 11-00258, effective December 10, 2021 as redacted by Pennsylvania.
(k) Approval of source-specific RACT requirements for 1997 and 2008 8-hour ozone national ambient air quality standards for Hydro Carbide Tool Company is incorporated as specified. (Rulemaking Docket No. EPA-OAR-2022-0284.)
(1) Hydro Carbide Tool Company—Incorporating by reference Permit No. 65-00860, effective November 15, 2019, as redacted by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-65-000-860, effective December 12, 1997, remain as RACT requirements. See also § 52.2063(c)(178)(i)(B)( 7 ), for prior RACT approval.
(2) [Reserved]
(l) Approval of source-specific RACT requirements for 2008 8-hour ozone national ambient air quality standard for PPG Springdale is incorporated as specified. (Rulemaking Docket No. EPA-OAR-2020-0575.)
(1) PPG Industries Springdale Plant—Incorporating by reference Permit No. 0057-OP18a, effective February 28, 2020, as redacted by ACHD, which supersedes Consent Order 254, issued December 19, 1996, except for Conditions 1.13 through 1.22, which remain as RACT requirements. See also § 52.2063(c)(165)(i)(B)( 2 ), for prior RACT approval.
(2) [Reserved]
(m) 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 (m) are incorporated as specified. (Rulemaking Docket No. EPA-R03-OAR-2024-0302.)
(1) Keystone Conemaugh Proj LLC/Conemaugh Station—Incorporating by reference Permit No. 32-00059, effective March 14, 2024, as redacted by Pennsylvania, excluding the auxiliary boiler limits for all source group requirements in section E for G11: alternative RACT II for Auxiliary Boilers source IDs 039 and 041. See also § 52.2020(d)(1), for prior RACT approval.
(2) Homer City Gen LP/Center TWP—Incorporating by reference Permit No. 32-00055, effective March 14, 2024, as redacted by Pennsylvania. See also § 52.2020(d)(1), for prior RACT approval.
(3) Keystone Conemaugh Proj LLC/Keystone Station—Incorporating by reference Permit No. 32-00027, effective March 14, 2024, as redacted by Pennsylvania, excluding the auxiliary boiler limits for all source group requirements in section E for G11: alternative RACT II for Auxiliary Boilers source IDs 037 and 038. See also § 52.2020(d)(1), for prior RACT approval.
(4) Montour LLC/Montour SES—Incorporating by reference Permit No. 47-00001, effective March 14, 2024, as redacted by Pennsylvania. See also § 52.2020(d)(1), for prior RACT approval.
§ 52.2065   Federal implementation plan addressing reasonably available control technology requirements for certain sources.
(a) Applicability. This section shall apply to Conemaugh, Homer City, Keystone, and Montour, as defined in this section, as well as any of their successors or assigns. Each of the four listed facilities are individually subject to the requirements of this section.
(b) Effective date. The effective date of this section is September 30, 2022.
(c) Compliance date. Compliance with the requirements in this section shall commence on March 29, 2023, except the Facility-wide 30-Day Rolling Average NO X Emission Rate Limit requirement in (f)(1) of this section will commence for the Facility on the day that Facility has operated for thirty (30) Operating Days after, and possibly including, the compliance date of March 29, 2023.
(d) General provisions. This section is not a permit. Compliance with the terms of this section does not guarantee compliance with all applicable Federal, state, or local laws or regulations. The emission rates and mass emissions limits set forth in this section do not relieve the facility from any obligation to comply with other State and Federal requirements under the Clean Air Act, including the Facility's obligation to satisfy any State requirements set forth in the applicable SIP.
(e) Definitions. Every term expressly defined by this section shall have the meaning given to that term within this section. Every other term used in this section that is also a term used under the Act or in Federal regulations in this chapter implementing the Act shall mean in this section what such term means under the Act or the regulations in this chapter.
CEMS or Continuous Emission Monitoring System, means, for obligations involving the monitoring of NO X emissions under this section, the devices defined in 40 CFR 72.2 and installed and maintained as required by 40 CFR part 75.
Clean Air Act or Act means the Federal Clean Air Act, 42 U.S.C. 7401-7671q, and its implementing regulations in this chapter.
Conemaugh means, for purposes of this section, Keystone Conemaugh Project LLC's Conemaugh Generating Station consisting of two coal-fired units designated as Unit 1 (8,280 MMBtu/hr) and Unit 2 (8,280 MMBtu/hr), located in West Wheatfield Township, Indiana County, Pennsylvania.
Day or daily means calendar day unless otherwise specified in this section.
EGU means electric generating unit.
EPA means the United States Environmental Protection Agency.
Facility means each of the following as defined in this section: Conemaugh; Homer City; Keystone; and Montour.
Facility-wide 30-Day Rolling Average NO X Emission Rate for the Facility shall be expressed in lb/MMBtu and calculated in accordance with the following procedure: first, sum the total pounds of NO X emitted from all Units during the current Operating Day and the previous twenty-nine (29) Operating Days; second, sum the total heat input from all Units in MMBtu during the current Unit Operating Day and the previous twenty-nine (29) Operating Days; and third, divide the total number of pounds of NO X emitted from all Units during the thirty (30) Operating Days by the total heat input during the thirty (30) Operating Days. A new Facility-wide 30-Day Rolling Average NO X Emission Rate shall be calculated for each new Operating Day. Each 30-Day Rolling Average NO X Emission Rate shall include all emissions that occur during all periods within any Operating Day, including, but not limited to, emissions from startup, shutdown, and malfunction.
Fossil fuel means any hydrocarbon fuel, including coal, petroleum coke, petroleum oil, fuel oil, or natural gas.
Homer City means, for purposes of this section, Homer City Generation LP's Homer City Generating Station consisting of three coal-fired units designated as Unit 1 (6,792 MMBtu/hr), Unit 2 (6,792 MMBtu/hr), and Unit 3 (7,260 MMBtu/hr), located in Center Township, Indiana County, Pennsylvania.
Keystone means, for purposes of this section, Keystone Conemaugh Project LLC's Keystone Generating Station consisting of two coal-fired units designated as Unit 1 (8,717 MMBtu/hr) and Unit 2 (8,717 MMBtu/hr), located in Plumcreek Township, Armstrong County, Pennsylvania.
lb/MMBtu means one pound per million British thermal units.
Montour means, for purposes of this section, Talen Energy Corporation's Montour Steam Electric Station consisting of two coal-fired units designated as Unit 1 (7,317 MMBtu/hr) and Unit 2 (7,239 MMBtu/hr), located in Derry Township, Montour County, Pennsylvania.
“ NO X ” means oxides of nitrogen, measured in accordance with the provisions of this section. “ NO X emission rate ” means the number of pounds of NO X emitted per million British thermal units of heat input (lb/MMBtu), calculated in accordance with this section.
Operating day means any calendar day on which a Unit fires Fossil Fuel.
Title V Permit means the permit required for major sources pursuant to Subchapter V of the Act, 42 U.S.C. 7661-7661e.
Unit means collectively, the coal pulverizer, stationary equipment that feeds coal to the boiler, the boiler that produces steam for the steam turbine, the steam turbine, the generator, the equipment necessary to operate the generator, steam turbine, and boiler, and all ancillary equipment, including pollution control equipment and systems necessary for production of electricity. An electric steam generating station may be comprised of one or more Units.
Unit-specific daily NO X mass emissions shall be expressed in lb/day and calculated as the sum of total pounds of NO X emitted from the Unit during the Unit Operating Day. Each Unit-specific Daily NO X Mass Emissions shall include all emissions that occur during all periods within any Operating Day, including emissions from startup, shutdown, and malfunction.
(f) NO X emission limitations. (1) The Facility shall achieve and maintain their Facility-wide 30-Day Rolling Average NO X Emission Rate to not exceed their Facility limit in Table 1 to this paragraph (f)(1).
Table 1 to Paragraph ( f )(1)—Facility-Wide 30-Day Rolling Average NO X Emission Rate Limits
(2) The Facility shall achieve and maintain their Unit-specific Daily NO X Mass Emissions to not exceed the Unit-specific limit in Table 2 to this paragraph (f)(2).
Table 2 to Paragraph ( f )(2)—Unit-Specific Daily NO X Mass Emissions Limits
(g) Monitoring of NO X emissions. (1) In determining the Facility-wide 30-Day Rolling Average NO X Emission Rate, the Facility shall use CEMS in accordance with the procedures of 40 CFR parts 60 and 75, appendix F, Procedure 1.
(2) For purposes of calculating the Unit-specific Daily NO X Mass Emissions Limits, the Facility shall use CEMS in accordance with the procedures at 40 CFR part 75. Emissions rates, mass emissions, and other quantitative standards set by or under this section must be met to the number of significant digits in which the standard or limit is expressed. For example, an Emission Rate of 0.100 is not met if the actual Emission Rate is 0.101. The Facility shall round the fourth significant digit to the nearest third significant digit, or the sixth significant digit to the nearest fifth significant digit, depending upon whether the limit is expressed to three or five significant digits. For example, if an actual emission rate is 0.1004, that shall be reported as 0.100, and shall be in compliance with an emission rate of 0.100, and if an actual emission rate is 0.1005, that shall be reported as 0.101, and shall not be in compliance with an emission eate of 0.100. The Facility shall report data to the number of significant digits in which the standard or limit is expressed.
(h) Recordkeeping and periodic peporting. (1) The Facility shall electronically submit to EPA a periodic report, within thirty (30) Days after the end of each six-month reporting period (January through June, July through December in each calendar year). The portion of the periodic report containing the data required to be reported by this paragraph (h) shall be in an unlocked electronic spreadsheet format, such as Excel or other widely-used software, and contain data for each Operating Day during the reporting period, including, but not limited to: Facility ID (ORISPL); Facility name; Unit ID; Date; Unit-specific total Daily Operating Time (hours); Unit-specific Daily NO X Mass Emissions (lbs); Unit-specific total Daily Heat Input (MMBtu); Unit-specific Daily NO X Emission Rate (lb/MMBtu); Facility-wide 30-Day Rolling Average NO X Emission Rate (lb/MMBtu); Owner; Operator; Representative (Primary); and Representative (Secondary). In addition, the Facility shall maintain the following information for 5 years from the date of creation of the data and make such information available to EPA if requested: Unit-specific hourly heat input, Unit-specific hourly ammonia injection amounts, and Unit-specific hourly NO X emission rate.
(2) In any periodic report submitted pursuant to this section, the Facility may incorporate by reference information previously submitted to EPA under its Title V permitting requirements, so long as that information is adequate to determine compliance with the emission limits and in the same electronic format as required for the periodic report, and provided that the Facility attaches the Title V Permit report (or the pertinent portions of such report) and provides a specific reference to the provisions of the Title V Permit report that are responsive to the information required in the periodic report.
(3) In addition to the reports required pursuant to this section, if the Facility exceeds the Facility-wide 30-day rolling average NO X emission limit on three or more days during any 30-day period, or exceeds the Unit-specific daily mass emission limit for any Unit on three or more days during any 30-day period, the Facility shall electronically submit to EPA a report on the exceedances within ten (10) business days after the Facility knew or should have known of the event. In the report, the Facility shall explain the cause or causes of the exceedances and any measures taken or to be taken to cure the reported exceedances or to prevent such exceedances in the future. If, at any time, the provisions of this section are included in Title V Permits, consistent with the requirements for such inclusion in this section, then the deviation reports required under applicable Title V regulations shall be deemed to satisfy all the requirements of this paragraph (h)(3).
(4) Each report shall be signed by the Responsible Official as defined in Title V of the Clean Air Act, or his or her equivalent or designee of at least the rank of Vice President. The signatory shall also electronically submit the following certification, which may be contained in a separate document:
“This information was prepared either by me or under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my evaluation, or the direction and my inquiry of the person(s) who manage the system, or the person(s) directly responsible for gathering the information, I hereby certify under penalty of law that, to the best of my knowledge and belief, this information is true, accurate, and complete. I understand that there are significant penalties for submitting false, inaccurate, or incomplete information to the United States.”
(5) Whenever notifications, submissions, or communications are required by this section, they shall be made electronically to the attention of the Air Enforcement Manager via email to the following address: R3_ORC_mailbox@epa.gov.
§ 52.2070   Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State implementation plan for Rhode Island under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) of this section was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after October 15, 2008, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of October 15, 2008.
(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square—Suite 100, Boston, MA 02109-3912; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration [NARA]. If you wish to obtain materials from a docket in the EPA Regional Office, please call telephone number (617) 918-1668; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA Approved regulations.
EPA-Approved Rhode Island Regulations
1 This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval.
(d) EPA-approved State Source specific requirements.
EPA-Approved Rhode Island Source Specific Requirements
(e) Nonregulatory.
Rhode Island Non Regulatory
§ 52.2071   Classification of regions.
The Rhode Island plan was evaluated on the basis of the following classifications:
§ 52.2072   Approval status.
(a) With the exceptions set forth in this subpart, the Administrator approves Rhode Island's plan, as identified in § 52.2070 of this subpart, for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by January 1, 1981 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January as additional RACT requirements for sources covered by CTGs issued by the previous January.
(b) [Reserved]
§ 52.2073   [Reserved]
§ 52.2074   Legal authority.
(a)-(b) [Reserved]
§ 52.2075   [Reserved]
§ 52.2076   Attainment of dates for national standards.
The following table presents the latest dates by which the national standards are to be attained. These dates reflect the information presented in Rhode Island's plan, except where noted.
a Air quality levels presently better than primary standards or area is unclassifiable.
b Air quality levels presently better than secondary standards or area is unclassifiable.
c November 15, 2007.
§ 52.2077   Identification of plan—conditional approvals and disapprovals.
(a) [Reserved]
(b) Disapprovals. (1) 1997 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on December 14, 2007, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.
(2) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.
(3) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on October 26, 2011, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.
(4) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.
(5) 1997 PM 2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on September 10, 2008, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.
(6) 2006 PM 2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on November 6, 2009, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.
(7) 2012 PM 2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on December 6, 2017, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at § 52.2080.
§§ 52.2078-52.2079   [Reserved]
§ 52.2080   Revisions.
(a) The revision procedures of the Rhode Island plan are not adequate since the plan does not expressly provide for revisions at the times and under the conditions set forth in § 51.104 of this chapter.
(b) Regulation for plan revisions. (1) The Rhode Island implementation plan shall be revised:
(i) When necessary to take account of a revision of the national primary or secondary ambient air quality standard which it implements;
(ii) When improved or more expeditious methods of attaining a national standard which it implements become available;
(iii) When the Administrator finds that the plan is substantially inadequate to attain or maintain the national standard which it implements and issues notice of such finding pursuant to § 51.104 of this chapter.
(2) The Rhode Island implementation plan may be revised from time to time to the extent such revisions are consistent with the requirements applicable to implementation plans set forth in this chapter and the Act.
(3) No revisions shall be effective until the hearing requirements of § 51.102 of this chapter have been satisfied.
§ 52.2081   EPA-approved EPA Rhode Island State regulations.
The following table identifies the State regulations which have been approved by EPA and incorporated by reference into the Rhode Island State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory requirements for a specific situation consult the plan identified in § 52.2070. To the extent that this table conflicts with § 52.2070, § 52.2070 governs.
Table 52.2081—EPA-Approved Rules and Regulations
§ 52.2082   [Reserved]
§ 52.2083   Significant deterioration of air quality.
(a) The Rhode Island plan, as submitted, is approved as meeting the requirements of Subpart 1, Part C, Title I, of the Clean Air Act.
§ 52.2084   Rules and regulations.
(a) Part D—Disapproval.
(1) On November 5, 1985, the Rhode Island Department of Environmental Management submitted a revision to the Rhode Island State Implementation Plan (SIP) for Arkwright Incorporated. This revision is an alternative reasonably available control technology determination for the control of volatile organic compounds (VOC) from three paper coating lines at Arkwright Incorporated's Fiskeville, Rhode Island facility. As a result of EPA's disapproval of this revision, the existing VOC rules applicable to Arkwright Incorporated and contained in the Rhode Island SIP remain in effect (Rhode Island Air Pollution Control Regulation No. 19 as approved by EPA in 40 CFR 52.2080(c)(19)).
(2) [Reserved]
(b) Non-Part D—No Action— EPA is neither approving nor disapproving the following elements of the revisions:
(i) [Reserved]
(ii) Consultation.
(iii) Permit fees.
(iv) Stack height requirements.
(v) Public notification.
§ 52.2085   Stack height review.
The State of Rhode Island has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. Such declarations were submitted to EPA on March 27, 1986. The State has further declared, in letters from Thomas D. Getz, dated October 15, 1985 and March 27, 1986, that “[R]hode Island will use the 8 July 1985 revised height regulations in administering section 9.18 of its new source review regulations.” Thus, Rhode Island has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164.
§ 52.2086   Emission inventories.
(a) The Governor's designee for the State of Rhode Island submitted the 1990 base year emission inventory for the Providence ozone nonattainment area on January 12, 1993 as a revision to the State Implementation Plan (SIP). The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for this area.
(b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources.
(c) The Providence nonattainment area is classified as serious and includes the entire state of Rhode Island.
(d) Minor revisions to the Rhode Island 1990 base year emission inventory were submitted to EPA on September 21, 1998. The revised emission estimates were prepared in accordance with EPA guidance, and are approved into the State's SIP.
(e) The state of Rhode Island submitted base year emission inventories representing emissions for calendar year 2002 from the Providence moderate ozone nonattainment area on April 30, 2008 as revisions to the State's SIP. The 2002 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for this area. The inventory consists of emission estimates of volatile organic compounds and nitrogen oxides, and cover point, area, non-road mobile, on-road mobile and biogenic sources. The inventory was submitted as a revision to the SIP in partial fulfillment of obligations for nonattainment areas under EPA's 1997 8-hour ozone standard.
§ 52.2087   Original identification of plan section.
(a) This section identifies the original “Air Implementation Plan for the State of Rhode Island” and all revisions submitted by Rhode Island that were federally approved prior to August 9, 1999.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates specified.
(1) Notice of public hearing submitted on February 9, 1972, by the Rhode Island Department of Health.
(2) Miscellaneous non-regulatory additions to the plan correcting minor deficiencies submitted on February 29, 1972, by the Rhode Island Department of Health.
(3) Regulation 12 requiring prevention and control of air pollution from incinerators submitted on March 7, 1973, by the Rhode Island Department of Health.
(4) Regulation 13 requiring prevention and control of air pollution from fuel burning equipment submitted on March 19, 1973, by the Rhode Island Department of Health.
(5) Compliance schedules submitted on April 24, 1973, by the Rhode Island Department of Health.
(6) Revisions to Regulation 10, Air Pollution Episodes, submitted on January 25, 1974, by the Rhode Island Department of Health.
(7) AQMA identifications submitted on April 11, 1974, by the Rhode Island Department of Health.
(8) Revision to Regulation 8, Limitation of Sulfur in Fuels, submitted on May 22, 1974, by the Rhode Island Department of Health.
(9) Letter identifying Metropolitan Providence as an AQMA submitted on September 6, 1974, by the Governor.
(10) Revision to Regulation 14, Source Recordkeeping and Reporting, submitted on September 5, 1973, by the Rhode Island Department of Health.
(11) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the Rhode Island Department of Environmental Management Director on January 8, 1980.
(12) Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977, were submitted on May 14, 1979, June 11, 1979, August 13, 1979, January 8, January 24, March 10, March 31, April 21, June 6, June 13, August 20, November 14, March 4, March 5, and April 16, 1981. Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to non-attainment for the primary TSP standard based on new data. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions unrelated to Part D are also included.
(13) A revision to Regulation 8, “Sulfur Content in Fuels,” for the Narragansett Electric Company, Providence, submitted on August 28, 1980 by the Director of the Department of Environmental Management.
(14) A revision to Regulation 8, “Limitation of Sulfur in Fuels,” submitted on January 30, 1981, by the Director of the Rhode Island Division of Air Resources allowing Bradford Dyeing Association, Westerly, to burn higher sulfur fuel oil, temporarily.
(15) Revisions for Group II CTGs: Storage of Petroleum Liquids—External Floating Roof Vessels (Regulation 11.6); and revisions to existing regulations: Stage I Vapor Controls (Regulation 11.5), Hazardous Waste Incinerators (Regulation 12.7.1), and Control of Solvent Metal Cleaning Emissions (Regulation 18) were submitted on January 9, July 23, and August 17, 1981.
(16) Variances from Regulations 8, “Sulfur Content in Fuels” and 13, “Particulate Emissions from Fossil Fired Steam or Hot Water Generating Units”, for Kenyon Piece Dye Works, Richmond, submitted on July 1, 1982.
(17) Revisions to Regulations 8, “Sulfur Content of Fuels” and 13, “Particulate Emissions from Fossil Fuel Fired Steam or Hot Water Generating Units” were submitted on November 9, 1982 by the Division of Air and Hazardous Materials.
(18) Revisions to Air Pollution Control Regulation Number 9, Approval to Construct, Install, Modify, or Operate (except to subsection 9.1.1), and Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrative as submitted by the Department of Environmental Management on May 14, 1982 and July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions.
(19) Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone as submitted on May 14, 1982; July 1, 1982; July 7, 1982; October 4, 1982 and March 2, 1983 by the Department of Environmental Management. Also included are generic bubble rules which provide for regulatory flexibility for VOC sources subject to RACT requirements under Regulations 15, 19 and 21 of the Rhode Island SIP
(20) Revisions to attain and maintain the lead NAAQS as submitted on July 7, 1983 by the Department of Environmental Management.
(21) The permit issued to the University of Rhode Island in Kingston approving a three-year bubble to control sulfur dioxide emissions. The Rhode Island Department of Environmental Management issued the permit in accordance with Regulation 8, § 8.3.2, “Emissions Bubbling” and submitted it to EPA as a SIP revision on January 16, 1984.
(22) Revisions to Regulation 9, “Approval to Construct, Install, Modify or Operate”, and Section VI, Part II of the associated narrative of the Rhode Island SIP, to incorporate the requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes as submitted on February 6, 1984 by the Rhode Island Department of Environmental Management. Clarifying letters dated January 27, 1984 and June 6, 1984.
(23) Revisions to Air Pollution Control Regulation 8, “Sulfur Content of Fuels,” submitted on July 19, 1983, specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day rolling average and 2.31 lbs/MMBtu on a 24-hour average) for the Narragansett Electric Company South Street Station in Providence. These revisions approve Section 8.3.4, “Large Fuel Burning Devices Using Coal,” for South Street Station only.
(24) Revisions to the State Implementation Plan were submitted by the Rhode Island Department of Environmental Management on May 28, 1985 and October 15, 1985.
(i) Incorporation by reference.
(A) Amendments to Regulation 8, “Sulfur Content of Fuels” at 8.4.1(b) requiring owners/operators of fuel burning sources to have a sampling valve in the fuel line to the boiler to facilitate fuel sampling, amended on May 2, 1985.
(B) Amendments to Regulation 9, “Approval to Construct, Install, Modify, or Operate” requiring best available control technology (BACT) for each air pollutant emitted when permitting all new stationary sources and modifications not otherwise subject to lowest achievable emission rate (LAER) requirements under Rhode Island's approved new source review plan. The amended sections are 9.1.9, 9.1.14, 9.1.21, 9.1.22, 9.1.33, 9.1.36, 9.3.1, 9.3.3, 9.5.3, and 9.13.1. Regulation 9 was incorporated by reference in its present form on July 6, 1984 at paragraph (c)(22), above. The entire Regulation is being reincorporated by reference here to maintain consistency in the numbering and format, amended May 2, 1985.
(ii) October 15, 1985 letter from Rhode Island DEM to EPA which commits to implement the stack height related requirements of Regulation 9 in accordance with the Stack Height regulations at 40 CFR part 51, subpart B.
(25) A revision submitted on December 16, 1985 and January 23, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Seville Dyeing Corporation facility in Woonsocket, Rhode Island for a period of up to 30 months, commencing on August 1, 1986, the savings from which will be used to pay for permanent energy conservation measures to reduce on-site consumption of petroleum products by at least 50,000 gallons per year (estimated 250,000 gallons per year).
(i) Incorporation by reference.
(A) Letter from Doug L. McVay, Principal Engineer, to Seville Dyeing Corporation, dated December 16, 1985 allowing the temporary use of less expensive 2.2% sulfur fuel oil until February 1, 1989. At the end of the temporary use period, Seville Dyeing Corporation will return to the use of 1.0% sulfur fuel oil. The particulate emission rate for the facility will not exceed 0.15 lbs per million Btu.
(B) Letter to Louis F. Gitto, Director of Air Management Division, EPA Region I from Thomas D. Getz, Director of Air & Hazardous Materials, RI DEM dated January 23, 1986; subject: Response to EPA questions regarding Seville Dyeing Corporation, and outline of the permanent energy conservation measures to be used.
(26) Revisions submitted on November 5, 1985, June 16, 1986 and November 3, 1986 by the Rhode Island Department of Environmental Management (DEM) consisting of an administrative consent agreement between the DEM's Division of Air and Hazardous Materials and Whitman Products Limited (now James River Corporation's Decorative Product Division) in Johnston, Rhode Island. When the consent agreement expires on December 31, 1986, James River Corporation will be subject to the emission limits in Rhode Island Regulation No. 19, subsection 19.3.1.
(i) Incorporation by reference.
(A) An administrative consent agreement between the Rhode Island and Providence Plantation Department of Environmental Management and Whitman Products Limited. The consent agreement became effective on May 29, 1985.
(B) Letters of June 16, 1986 and September 17, 1985 from the Department of Environmental Management to EPA.
(ii) Additional material.
(A) Letter submitted on November 3, 1986 affirming that a sufficient growth margin exists, below the level of emissions necessary to show attainment of the national ambient air quality standard for ozone in Rhode Island, to absorb the increased emissions resulting from this compliance date extension.
(27) Revision submitted on November 5, 1985 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement defining reasonably available control technology for Stanley Bostitch (formerly Bostitch Division
(i) Incorporation by reference.
(A) An administrative consent agreement between the Rhode Island Department of Environmental Management and Bostitch Division of Textron. The consent agreement became effective on June 6, 1985 and requires Bostitch Division of Textron to reformulate certain solvent-based coatings to low/no solvent formulations by December 31, 1986.
(B) A letter to Bostitch Division of Textron from the Rhode Island Department of Environmental Management dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings must meet.
(28) Revision submitted on November 5, 1985 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement granting a final compliance date extension for the control of organic solvent emissions from sixpaper coating lines at Keene Corporation in East Providence, Rhode Island.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated November 5, 1985 submitting revisions to the Rhode Island State Implementation Plan.
(B) An administrative consent agreement between the Rhode Island Department of Environmental Management and Keene Corporation, effective on September 12, 1985.
(29) Revisions submitted on November 5, 1985, February 21, 1986, April 15, 1987 and May 14, 1987 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement defining alternative reasonably available control technology for Kenyon Industries in Kenyon, Rhode Island.
(i) Incorporation by reference.
(A) Letter from the State of Rhode Island and Providence Plantations dated April 15, 1987 submitting revisions for Kenyon Industries to the Rhode Island State Implementation Plan.
(B) An administrative consent agreement between the State of Rhode Island and Providence Plantations Department of Environmental Management and Kenyon Industries, Inc., signed on December 31, 1986.
(ii) Additional material.
(A) A letter dated May 14, 1987 from the Department of Environmental Management containing technical support demonstrating that the revised consent agreement is at least as stringent as the consent agreement between the Rhode Island Department of Environmental Management and Kenyon effective in Rhode Island May 13, 1985.
(B) Original consent agreement between the Rhode Island Department of Environmental Management and Kenyon effective on May 13, 1985 submitted to EPA on November 5, 1985.
(C) Letter dated February 21, 1986 from Rhode Island describing required recordkeeping for Kenyon.
(30) Revisions to the State Implementation Plan were submitted by Rhode Island Department of Environmental Management on February 27, 1987. These revisions were effective as of January 20, 1987 in the State of Rhode Island.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated February 27, 1987 submitting revisions to the Rhode Island State Implementation Plan.
(B) Amendment to Air Pollution Control Regulation No. 11, at subsection 11.4.5 adopted on January 20, 1987 in Rhode Island.
(C) Amendment to Air Pollution Control Regulation No. 19, at subsection 19.7.1 adopted on January 20, 1987 in Rhode Island.
(D) Amendment to Air Pollution Control Regulation No. 21, at subsection 21.6.1 adopted on January 20, 1987 in Rhode Island.
(31) [Reserved]
(32) Revisions submitted on May 6, 1987, October 15, 1987, and January 4, 1988 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement which defines and imposes RACT to control volatile organic comp
(i) Incorporation by reference.
(A) An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the Rhode Island Department of Environmental Management and Tech Industries effective June 12, 1986.
(B) An addendum to the administrative consent agreement (86-12-AP) between the Rhode Island Department of Environmental Management and Tech Industries. The addendum was effective November 24, 1987.
(C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the Environmental Protection Agency by the Rhode Island Department of Environmental Management.
(33) Revisions to federally approved Air Pollution Control Regulation Number 11 submitted on November 7, 1988 and April 24, 1989 by the Rhode Island Department of Environmental Management, limiting the volatility of gasoline from May 1 through September 15, beginning 1989 and continuing every year thereafter, including any waivers to such limits Rhode Island may grant. In 1989, the control period will begin on June 30.
(i) Incorporation by reference.
(A) Amendments to Rhode Island Air Pollution Control Regulation No. 11, effective July 5, 1979, entitled, “Petroleum Liquids Marketing and Storage,” sections 11.7.1 filed with the Secretary of State of Rhode Island on August 11, 1988, and effective in the State of Rhode Island on August 31, 1988.
(B) Amendments to Rhode Island Air Pollution Control Regulation No. 11, effective July 5, 1979, entitled, “Petroleum Liquids Marketing and Storage,” amendments to section 11.7.2 filed with the Secretary of State of Rhode Island on April 27, 1989, and effective in the State of Rhode Island on May 17, 1989.
(34) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island originally approved at paragraph (c)(21), of this section.
(i) Incorporation by reference.
(A) A renewal of an emissions bubble for the University of Rhode Island effective December 26, 1986.
(35) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 26, 1990, which define and impose RACT to control volatile organic compound emissions from Providence Metallizing in Pawtucket, Rhode Island.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated April 26, 1990, submitting a revision to the Rhode Island State Implementation Plan.
(B) An administrative consent agreement (87-2-AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective July 24, 1987.
(C) An amendment to the administrative consent agreement (87-2-AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective May 4, 1989.
(D) An addendum to the administrative consent agreement (87-2-AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective April 24, 1990.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(36) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 24, 1990, which define and impose RACT to control volatile organic compound emissions from Tillotson-Pearson in Warren, RhodeIsland.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated May 24, 1990 submitting a revision to the Rhode Island State Implementation Plan.
(B) An Administrative consent agreement (90-1-AP) between the Rhode Island Department of Environmental Management and Tillotson-Pearson effective June 5, 1990.
(37) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management dated November 3, 1989, November 21, 1989, February 1, 1990 and September 19, 1990.
(i) Incorporation by reference.
(A) Letters from the Rhode Island Department of Environmental Management dated November 3, 1989, November 21, 1989, February 1, 1990 and September 19, 1990 submitting revisions to the Rhode Island State ImplementationPlan.
(B) Amendments to Rhode Island's Air Pollution Control Regulation Number 6, amended and effective November 22, 1989.
(C) Amendments to Rhode Island's Air Pollution Control Regulation Numbers 11; 15, excluding subsections 15.1.16 and 15.2.2; 18, excluding subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2; 19, excluding subsections 19.1.11, 19.2.2, and 19.3.2(a); and 21, except subsections 21.1.15 and 21.2.2, and portion of subsection 21.5.2(h) which states “equivalent to” in the parenthetical, amended and effective December 10, 1989.
(38) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 22, 1991.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated May 22, 1991 submitting a revision to the Rhode Island State Implementation Plan.
(B) Section 9.1.36 “baseline concentration,” section 9.1.39 “increment,” section 9.1.40 “major source baseline date,” section 9.1.42 “minor source baseline date,” section 9.1.43 “net emissions increase,” and section 9.15.1(c)(5)—exclusion from NO 2 increments due to SIP-approved temporary increases of emissions, of the Rhode Island Air Pollution Control Regulation No. 9 entitled “Approval to Construct, Install, Modify or Operate,” effective in the State on May 20, 1991.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(39) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on January 12, 1993.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management, dated January 12, 1993, submitting a revision to the Rhode Island State Implementation Plan.
(B) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulation No. 11, entitled “Petroleum Liquids Marketing Storage,” submitted to the Secretary of State on January 11, 1993.
(C) Letter from the Rhode Island Department of Environmental Protection, dated February 10, 1993, stating that Regulation No. 11 became effective on January 31, 1993, 20 days after being filed with the Secretary of State.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(40) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on November 13, 1992.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated November 13, 1992 submitting a revision to the Rhode Island State Implementation Plan.
(B) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 19, entitled “Control of Volatile Organic Compounds from Surface Coating Operations,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992.
(C) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 25, entitled “Control of Volatile Organic Compound Emissions from Cutback and Emulsified Asphalt,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992.
(D) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 26, entitled “Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992.
(ii) Additional materials.
(A) Letter from the Rhode Island Department of Environmental Protection, dated February 10, 1993, clarifying the November 13, 1992 revision to the SIP.
(B) Nonregulatory portions of the submittal.
(41) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 11, 1993.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated March 5, 1993 submitting a revision to the Rhode Island State Implementation Plan.
(B) Rhode Island's Air Pollution Control Regulation No. 9 entitled, “Air Pollution Control Permits,” except for Chapter 9.13, Application for an Air Toxics Operating Permit; Chapter 9.14, Administrative Action: Air Toxics Operating Permits; and Chapter 9.15, Transfer of an Air Toxics Operating Permit; and Appendix A, Toxic Air Pollutants, Minimum Quantities. This regulation was effective in the State of Rhode Island on March 24, 1993.
(ii) Additional materials.
(A) A fact sheet on the proposed amendments to Regulation No. 9 entitled, “Approval to Construct, Install, Modify or Operate”.
(B) Nonregulatory portions of the State submittal.
(42) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on January 12, 1993.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated January 12, 1993 submitting a revision to the Rhode Island State Implementation Plan.
(B) Revisions to Air Pollution Control Regulation No. 14, “Record Keeping and Reporting,” filed with the Secretary of State on January 11, 1993 and effective in the State of Rhode Island on January 31, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(43) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated March 15, 1994 submitting a revision to the Rhode Island State Implementation Plan.
(B) Rhode Island Department of Environmental Management, Division of Air Resources, Air Pollution Control Regulation No. 32, “Control of Volatile Organic Compounds from Marine Vessel Loading Operations” effective in the State of Rhode Island on March 31, 1994, with the exception of Section 32.2.2 which Rhode Island did not submit as part of the SIP revision.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(44) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on June 27, 1995.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated June 27, 1995 submitting a revision to the Rhode Island State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island effective on July 17, 1995: Air Pollution Control Regulation No. 30, Control of Volatile Organic Compounds from Automotive Refinishing Operations.
(45) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 15, 1995
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Protection dated May 15, 1995 submitting a revision to the Rhode Island State Implementation Plan.
(B) Air Pollution Control Regulation 29.3 “Emissions Caps”; effective in the State of Rhode Island on May 18, 1995.
(ii) Additional materials.
(A) Non-regulatory portions of the submittal.
(46) A revision to the Rhode Island SIP regarding ozone monitoring. The State of Rhode Island will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated January 14, 1994 submitting an amendment to the Rhode Island State Implementation Plan.
(B) Letter from the Rhode Island Department of Environmental Management dated June 14, 1994 submitting an amendment to the Rhode Island State Implementation Plan.
(C) Section VII of the Rhode Island State Implementation Plan, Ambient Air Quality Monitoring.
(47) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated March 15, 1994 submitting revisions to the Rhode Island State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island, with the exception of Section 31.2.2, effective 90 days after the date that EPA notifies Rhode Island that the State has failed to achieve a 15% reduction of VOC emission from the 1990 emission levels, in accordance with the contingency measure provisions of the Rhode Island SIP, (except for Section 31.5.2, which requires records of amount of product sold, beginning July, 1994.): Air Pollution Control Regulation No. 31, Control of Volatile Organic Compounds from Commercial and Consumer Products.
(C) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island, with the exception of Section 33.2.2, effective 90 days after the date that EPA notifies Rhode Island the State has failed to achieve a 15% reduction of VOC emission from the 1990 emission levels, in accordance with the contingency measure provisions of the Rhode Island SIP, (except for Section 33.5.2, which requires records of amount of product sold, beginning July, 1994.): Air Pollution Control Regulation No. 33, Control of Volatile Organic Compounds from Architectural and Industrial Maintenance Coatings.
(48) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 17, 1996, which define and impose reasonably available control technology (RACT) to control nitrogen oxides emissions at major stationary sources in Rhode Island.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management, dated September 17, 1996, submitting revisions to the Rhode Island State Implementation Plan.
(B) Regulation number 27, “Control of Nitrogen Oxide Emissions,” as adopted on December 27, 1995, effective January 16, 1996.
(C) An administrative consent agreement between Rhode Island Department of Environmental Management and Rhode Island Hospital, file no. 95-14-AP, effective on November 27, 1995.
(D) An administrative consent agreement between Rhode Island Department of Environmental Management and Osram Sylvania Incorporated, file no. 96-06-AP, effective on September 4, 1996.
(E) An air pollution permit approval, no. 1350, for Osram Sylvania Incorporated issued by the Rhode Island Department of Environmental Management on May 14, 1996 and effective on that date.
(49) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 17, 1996, which define and impose alternative reasonably available control technology (RACT) requirements to control nitrogen oxides emissions at certain major stationary sources in Rhode Island.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated September 17, 1996, submitting revisions to the Rhode Island State Implementation Plan.
(B) An administrative consent agreement between Rhode Island Department of Environmental Management and Algonquin Gas Transmission Company, file no. 95-52-AP, effective on December 5, 1995.
(C) An administrative consent agreement between Rhode Island Department of Environmental Management and Bradford Dyeing Association, Inc., file no. 95-28-AP, effective on November 17, 1995.
(D) An administrative consent agreement between Rhode Island Department of Environmental Management and Hoechst Celanese Corporation, file no. 95-62-AP, effective on November 20, 1995.
(E) An administrative consent agreement between Rhode Island Department of Environmental Management and University of Rhode Island, file no. 95-50-AP, effective on March 12, 1996.
(F) An administrative consent agreement between Rhode Island Department of Environmental Management and the Naval Education and Training Center in Newport, file no. 96-07-AP, effective on March 4, 1996.
(50) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998. The revisions consist of the State's 15 Percent plan and Contingency plan. The EPA is approving the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating operations, printing operations, plant closures, cutback asphalt, synthetic pharmaceutical manufacturing, automobile refinishing, consumer and commercial products, architectural and industrial maintenance coatings, stage II vapor recovery, reformulated gasoline in on-road and off-road engines, tier I motor vehicle controls, and low emitting vehicles. EPA is taking no action at this time on the emission reduction credit claim made for the Rhode Island automobile inspection and maintenance program.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated September 21, 1998 submitting a revision to the Rhode Island State Implementation Plan.
(51)-(53) [Reserved]
(54) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental Management dated 9 August 1996 submitting a revision to the Rhode Island State Implementation Plan.
(B) Changes to Air Pollution Control Regulation Number 9.
For the State of Rhode Island.
(55) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on February 13, 1998 and January 20, 1999 which define alternative NO X RACT requirements and impose seasonal limitations on the emissions of nitrogen oxides at certain major stationary sources in Rhode Island.
(i) Incorporation by reference.
(A) Letters from the Rhode Island Department of Environmental Management, dated February 13, 1998 and January 20, 1999 submitting revisions to the Rhode Island State Implementation Plan.
(B) Regulation number 38, “Nitrogen Oxides Allowance Program,” as adopted on May 21, 1998, submitted on effective on June 10, 1998.
(C) An administrative consent agreement between Rhode Island Department of Environmental Management and Rhode Island Economic Development Corporation, file no. 96-04-AP, adopted and effective on September 2, 1997.
§ 52.2088   Control strategy: Ozone.
(a) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998. These revisions are for the purpose of satisfying the rate of progress requirement of section 182(c)(2)(B), and the contingency measure requirements of section 182(c)(9) of the Clean Air Act, for the Providence serious ozone nonattainment area.
(b) Approval—Revisions to the state implementation plan submitted by the Rhode Island Department of Environmental Management on March 24, 2003. The revisions are for the purpose of satisfying the one-hour ozone attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Rhode Island serious ozone nonattainment area. The revision establishes a one-hour attainment date of November 15, 2007 for the Rhode Island serious ozone nonattainment area, and approves the contingency measures for purposes of attainment. This revision establishes motor vehicle emissions budgets for 2007 of 30.68 tons per day of volatile organic compounds and 33.97 tons per day of nitrogen oxides to be used in transportation conformity in the Rhode Island serious ozone nonattainment area. Rhode Island also commits to conduct a mid-course review to assess modeling and monitoring progress achieved towards the goal of attainment by 2007, and to submit the results to EPA by December 31, 2004.
(c) Determination of Attainment. Effective July 6, 2010, EPA is determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard. Under the provisions of EPA's ozone implementation rule ( see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor any violations of the 1997 8-hour ozone standard. If a violation of the 1997 ozone NAAQS is monitored in the Providence (All of Rhode Island) 8-hour ozone nonattainment area, this determination shall no longer apply.
(d) Determination of Attainment. Effective November 22, 2010, EPA is determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard based on 2007-2009 monitoring data. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor any violations of the 1997 8-hour ozone standard. If a violation of the 1997 ozone NAAQS is monitored in the Providence (All of Rhode Island) 8-hour ozone nonattainment area, this determination shall no longer apply. In addition, this area met its June 15, 2010 attainment deadline for the 1997 ozone standard.
(e) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 30, 2008. The revision is for the purpose of satisfying the rate of progress requirement of section 182(b)(1) from 2002 through 2008, and the contingency measure requirement of sections 172(c)(9) and of the Clean Air Act, for the Providence moderate ozone nonattainment area. The revision establishes motor vehicle emission budgets for 2008 of 24.64 tons per day of volatile organic compounds and 28.26 tons per day of nitrogen oxides to be used in transportation conformity in the Providence moderate 8-hour ozone nonattainment area.
§ 52.2089   Control strategy: carbon monoxide.
(a) Approval—On September 22, 2008, the Rhode Island Department of Environmental Management submitted a request to establish a limited maintenance plan for the Providence Rhode Island carbon monoxide attainment area for the remainder of the second ten-year maintenance plan. The State of Rhode Island has committed to year round carbon monoxide monitoring at the East Providence Photochemical Assessment Monitoring Station (PAMS) site; re-establishing downtown Providence CO monitoring if criteria specified in the Limited Maintenance Plan are triggered; and, ensuring that project-level carbon monoxide evaluations of transportation projects in the maintenance area are conducted. The limited maintenance plan satisfies all applicable requirements of section 175A of the Clean Air Act. Approval of a limited maintenance plan is conditioned on maintaining levels of ambient carbon monoxide levels below the required limited maintenance plan 8-hour carbon monoxide design value criterion of 7.65 parts per million. If the Limited Maintenance Plan criterion is no longer satisfied, Rhode Island must develop a full maintenance plan to meet Clean Air Act requirements.
(b) [Reserved]
§ 52.2120   Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State implementation plan (SIP) for South Carolina under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to November 14, 2022, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after November 14, 2022, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta, GA 30303. To obtain the material, please call (404) 562-9022. You may inspect the material with an EPA approval date prior to November 14, 2022, for South Carolina at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA email fedreg.legal@nara.gov or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-Approved Laws and Regulations.
Table 1 to Paragraph ( c )—EPA-Approved South Carolina Laws and Regulations
(d) EPA-Approved State Source-Specific Requirements.
Table 2 to Paragraph (d)—EPA-Approved South Carolina State Source-Specific Requirements
(e) EPA-approved South Carolina non-regulatory provisions.
§ 52.2121   Classification of regions.
The South Carolina plan was evaluated on the basis of the following classifications:
§ 52.2122   Approval status.
(a) With the exceptions set forth in this subpart, the Administrator approves South Carolina's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of part D, title 1, of the Clean Air Act as amended in 1977.
(b) EPA disapproved South Carolina's generic bubble regulation submitted for approval into the State Implementation Plan (SIP) on June 5, 1985.
(c)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in this subpart apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (c), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”
(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO 2 e or more; or
(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in paragraph (c)(2) of this section, the pollutant GHGs shall also be subject to regulation:
(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or
(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or more.
(4) For purposes of this paragraph (c)—
(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs emitted, and shall be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.
(B) Sum the resultant value from paragraph (c)(4)(ii)(A) of this section for each gas to compute a tpy CO 2 e.
(iii) The term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in South Carolina Air Pollution Control Regulations and Standards (South Carolina Regulations) 61-62.5, Standard No. 7, paragraph (a)(2)(iv)) and a significant net emissions increase (as defined in South Carolina Air Pollution Control Regulations and Standards (South Carolina Regulations) 61-62.5, Standard No. 7, paragraphs (b)(34) and (b)(49)(i)) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 e instead of applying the value in South Carolina Air Pollution Control Regulations and Standards (South Carolina Regulations) 61-62.5, Standard No. 7, paragraph (b)(49)(ii).
(d) Regulation 61-62.5 Standard No. 7—This regulation (submitted on July 1, 2005) includes two portions of EPA's 2002 NSR Reform Rules that were vacated by the D.C. Circuit Court—Pollution Control Projects (PCPs) and clean units. As a result, EPA is disapproving all rules and/or rule sections in the South Carolina PSD rules referencing clean units or PCPs. Specifically, the following South Carolina rules are being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second sentence only); (a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d); (b)(35); (r)(6)—only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved); (r)(7)—only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved); (x); (y) and (z).
(e) Regulation 61-62.5 Standard No. 7.1—EPA is disapproving two provisions of South Carolina's NNSR program (submitted on July 1, 2005) that relate to provisions that were vacated from the federal program by the United States Court of Appeals for the District of Columbia Circuit on June 24, 2005. The two provisions vacated from the federal rules pertain to Pollution Control Projects (PCPs) and clean units. The PCP and clean unit references are severable from the remainder of the NNSR program. Specifically, the following sections of South Carolina Regulation 61-62.5 Standard No. 7.1 are being disapproved: (b)(5); (b)(6)—Second sentence only; (b)(8); (c)(4); (c)(6)(C)(viii); (c)(8)(C)(iii); (c)(8)(E)(v); (c)(10); (d)(1)(C)(ix); (d)(1)(C)(x); (d)(3)—Only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved; (d)(4)—Only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved; (f); (g) and (h). These disapprovals were amended in 73 FR 31371, (June 2, 2008)
§ 52.2124   Legal authority.
(a)-(c) [Reserved]
(d) The requirements of § 51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate.
§ 52.2125   Control strategy: Ozone.
(a) Determination of attaining data. EPA has determined, as of November 15, 2011, the bi-state Charlotte-Gastonia-Rockhill, North Carolina-South Carolina nonattainment area has attaining data for the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standards for as long as this area continues to meet the 1997 8-hour ozone NAAQS.
(b) Based upon EPA's review of the air quality data for the 3-year period 2008-2010, EPA determined that the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina, 1997 8-hour ozone nonattainment Area attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2011. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2) to determine, based on the Area's air quality as of the attainment date, whether the Area attained the standard. EPA also determined that the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina, 1997 8-hour ozone nonattainment Area is not subject to the consequences of failing to attain pursuant to section 181(b)(2).
(c) Determination of attainment. The EPA has determined, as of June 3, 2016, that based on 2012 to 2014 ambient air quality data, the Charlotte-Rock Hill, NC-SC 2008 ozone Marginal nonattainment area has attained the 2008 ozone NAAQS. Therefore, the EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality data as of the attainment date, whether the area attained the standard. The EPA also determined that the Charlotte-Rock Hill, NC-SC nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 181(b)(2)(A).
§ 52.2126   VOC rule deficiency correction.
Sections I and II of South Carolina's Regulations 62.1 and 62.5 is approved. The State submitted these regulations to EPA for approval on September 18, 1990. Sections I and II of Regulation 62.5 were intended to correct deficiencies cited in a letter calling for the State to revise its SIP for ozone from Mr. Greer C. Tidwell, the EPA Regional Administrator, to Governor Carroll A. Campbell on May 26, 1988, and clarified in a letter from Mr. Winston A. Smith, EPA Region IV, Air, Pesticides and Toxics Management Division, to Mr. Otto E. Pearson, former Director of the South Carolina Department of Health and Environmental Control:
(a) South Carolina's VOC regulations contain no method for determining capture efficiency. This deficiency must be corrected after EPA publishes guidance on the methods for determining capture efficiency before the SIP for ozone can be fully approved.
(b) [Reserved]
§§ 52.2127-52.2129   [Reserved]
§ 52.2130   Control strategy: Sulfur oxides and particulate matter.
In letters dated May 7, and December 2, 1986, the South Carolina Department of Health and Environmental Control certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to Public Service Authority—Winyah, Bowater, and SCE & G—Williams.
§ 52.2131   Significant deterioration of air quality.
(a)-(b) [Reserved]
(c) All applications and other information required pursuant to § 52.21 from sources located in the State of South Carolina shall be submitted to the State agency, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201, rather than to EPA's Region 4 office.
§ 52.2132   [Reserved]
§ 52.2133   General conformity.
The General Conformity regulations adopted into the South Carolina State Implementation Plan which were submitted on November 8, 1996. South Carolina incorporated by reference regulations 40 CFR part 51, subpart W—determining conformity of General Federal Actions to State or Federal Implementation Plans.
§ 52.2134   Original identification of plan section.
(a) This section identified the original “Air Implementation Plan for the State of South Carolina” and all revisions submitted by South Carolina that were federally approved prior to July 1, 1997. The information in this section is available in the 40 CFR, part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 (§§ 52.1019 to End) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 (§§ 52.2020 to End) editions revised as of July 1, 2012.
(b)-(c) [Reserved]