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18 Id. 

Federal banking agency must consider, 

consistent with principles of safety and 

soundness and the public interest, any 

administrative burdens that such 

regulations would place on depository 

institutions, including small depository 

institutions, and customers of 

depository institutions, as well as the 

benefits of such regulations. In addition, 

section 302(b) of RCDRIA requires new 

regulations and amendments to 

regulations that impose additional 

reporting, disclosures, or other new 

requirements on IDIs generally to take 

effect on the first day of a calendar 

quarter that begins on or after the date 

on which the regulations are published 

in final form.18 The FDIC invites 

comments that further will inform its 

consideration of RCDRIA. 

List of Subjects in 12 CFR Part 390 

Administrative practice and 

procedure, Advertising, Aged, Civil 

rights, Conflict of interests, Credit, 

Crime, Equal employment opportunity, 

Fair housing, Government employees, 

Individuals with disabilities, Reporting 

and recordkeeping requirements, 

Savings associations. 

PART 390—REGULATIONS 

TRANSFERRED FROM THE OFFICE OF 

THRIFT SUPERVISION 

Authority and Issuance 

For the reasons stated in the 

preamble, the Federal Deposit Insurance 

Corporation proposes to amend part 390 

of title 12 of the Code of Federal 

Regulations as follows: 

■ 1. The authority citation for part 390 

is revised to read as follows: 

Authority: 12 U.S.C. 1819. 

Subpart Q—[Removed and Reserved] 

■ 2. Remove and reserve subpart Q, 

consisting of §§ 390.280 through 

390.316. 

Federal Deposit Insurance Corporation. 

By order of the Board of Directors. 

Dated at Washington, DC, on January 19, 

2021. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2021–01536 Filed 2–10–21; 8:45 am] 

BILLING CODE 6714–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0597; FRL–10019– 

43–Region 3] 

Approval and Promulgation of Air 

Quality Plans; Pennsylvania; 

Reasonably Available Control 

Technology (RACT) Determinations for 

Case-by-Case Sources Under the 1997 

and 2008 8-Hour Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

multiple state implementation plan 

(SIP) revisions submitted by the 

Commonwealth of Pennsylvania. These 

revisions were submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

nine major sources of volatile organic 

compounds (VOC) and/or nitrogen 

oxides (NOX) pursuant to the 

Commonwealth of Pennsylvania’s 

conditionally approved RACT 

regulations. In this rulemaking action, 

EPA is only proposing to approve 

source-specific (also referred to as 

‘‘case-by-case’’) RACT determinations 

for eight of the nine major sources 

submitted by PADEP. These RACT 

evaluations were submitted to meet 

RACT requirements for the 1997 and 

2008 8-hour ozone national ambient air 

quality standards (NAAQS). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0597 at https://

www.regulations.gov, or via email to 

opila.marycate@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Emily Bertram, Permits Branch (3AD10), 

Air and Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–5273. 

Ms. Bertram can also be reached via 

electronic mail at bertram.emily@

epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

9, 2020, PADEP submitted a revision to 

its SIP to address case-by-case NOX and/ 

or VOC RACT for nine major facilities. 

This SIP revision is intended to address 

the NOX and/or VOC RACT 

requirements under sections 182 and 

184 of the CAA for the 1997 and 2008 

8-hour ozone NAAQS. Table 1 of this 

document lists the SIP submittal date 

and the facilities included in PADEP’s 

submittal. Although submitted in one 

SIP revision by PADEP, EPA views each 

facility as a separable SIP revision and 

may take separate final action on one or 

more facilities. In this rulemaking 

action, EPA is only proposing to 

approve case-by-case RACT 

determinations for eight of the nine 

sources submitted to EPA by PADEP. 

The remaining major source, Montour 

LLC, will be acted on in a future 

rulemaking action. 

For additional background 

information on Pennsylvania’s 

‘‘presumptive’’ RACT II SIP see 84 FR 

20274 (May 9, 2019) and on 

Pennsylvania’s source-specific or ‘‘caseby-case’’ RACT determinations see the 

appropriate technical support document 

(TSD) which is available online at 

https://www.regulations.gov, Docket No. 

EPA–R03–OAR–2020–0597. 


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1A ‘‘major source’’ is defined based on the 

source’s potential to emit (PTE) of NOX or VOC, and 

the applicable thresholds for RACT differs based on 

the classification of the nonattainment area in 

which the source is located. See sections 182(c)–(f) 

and 302 of the CAA. 

2See December 9, 1976 memorandum from Roger 

Strelow, Assistant Administrator for Air and Waste 

Management, to Regional Administrators, 

‘‘Guidance for Determining Acceptability of SIP 

Regulations in Non-Attainment Areas,’’ and also 44 

FR 53762 (September 17, 1979). 3On February 16, 2018, the United States Court 

of Appeals for the District of Columbia Circuit (D.C. 

Cir. Court) issued an opinion on the 2008 Ozone 

SIP Requirements Rule. South Coast Air Quality 

Mgmt. Dist. v. EPA, No. 15–1115 (D.C. Cir. February 

16, 2018). The D.C. Cir. Court found certain parts 

reasonable and denied the petition for appeal on 

those. In particular, the D.C. Cir. Court upheld the 

use of NOX averaging to meet RACT requirements 

for 2008 8-hour ozone NAAQS. However, the Court 

also found certain other provisions unreasonable. 

TABLE 1—PADEP SIP SUBMITTALS FOR MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO SOURCESPECIFIC RACT UNDER THE 1997 AND 2008 8-HOUR OZONE STANDARD

SIP submittal date Major source 

(county) 

3/9/2020 .............................................................. Volvo Construction Equipment North America (Franklin). 

National Fuel Gas Supply Corporation—Roystone Compressor Station (Warren). 

Montour, LLC (Montour).a

E.I DuPont de Nemours and Co. (Bradford). 

Carmeuse Lime Inc. (Lebanon). 

Kovatch Mobile Equipment Corp. (Carbon). 

Merck, Sharpe & Dohme Corp. (formerly Merck and Co., Inc.—West Point Facility) (Montgomery). 

Letterkenny Army Depot (formerly Department of the Army) (Franklin). 

Fairless Energy, LLC (Bucks). 

aEPA will be taking action on this source in a future rulemaking action. 

I. Background 

A. 1997 and 2008 8-Hour Ozone 

NAAQS 

Ground level ozone is not emitted 

directly into the air but is created by 

chemical reactions between NOX and 

VOC in the presence of sunlight. 

Emissions from industrial facilities, 

electric utilities, motor vehicle exhaust, 

gasoline vapors, and chemical solvents 

are some of the major sources of NOX

and VOC. Breathing ozone can trigger a 

variety of health problems, particularly 

for children, the elderly, and people of 

all ages who have lung diseases such as 

asthma. Ground level ozone can also 

have harmful effects on sensitive 

vegetation and ecosystems. 

On July 18, 1997, EPA promulgated a 

standard for ground level ozone based 

on 8-hour average concentrations. 62 FR 

38856. The 8-hour averaging period 

replaced the previous 1-hour averaging 

period, and the level of the NAAQS was 

changed from 0.12 parts per million 

(ppm) to 0.08 ppm. EPA has designated 

two moderate nonattainment areas in 

Pennsylvania under the 1997 8-hour 

ozone NAAQS, namely PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE (the Philadelphia Area) and 

Pittsburgh-Beaver Valley (the Pittsburgh 

Area). See 40 CFR 81.339. 

On March 12, 2008, EPA strengthened 

the 8-hour ozone standards, by revising 

its level to 0.075 ppm averaged over an 

8-hour period (2008 8-hour ozone 

NAAQS). On May 21, 2012, EPA 

designated five marginal nonattainment 

areas in Pennsylvania for the 2008 8- 

hour ozone NAAQS: AllentownBethlehem-Easton, Lancaster, Reading, 

the Philadelphia Area, and the 

Pittsburgh Area. 77 FR 30088; see also 

40 CFR 81.339. 

On March 6, 2015, EPA announced its 

revocation of the 1997 8-hour ozone 

NAAQS for all purposes and for all 

areas in the country, effective on April 

6, 2015. 80 FR 12264. EPA has 

determined that certain nonattainment 

planning requirements continue to be in 

effect under the revoked standard for 

nonattainment areas under the 1997 8- 

hour ozone NAAQS, including RACT. 

B. RACT Requirements for Ozone 

The CAA regulates emissions of NOX

and VOC to prevent photochemical 

reactions that result in ozone formation. 

RACT is an important strategy for 

reducing NOX and VOC emissions from 

major stationary sources within areas 

not meeting the ozone NAAQS. Areas designated nonattainment for 

the ozone NAAQS are subject to the 

general nonattainment planning 

requirements of CAA section 172. 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM) for demonstrating 

attainment of all NAAQS, including 

emissions reductions from existing 

sources through the adoption of RACT. 

Further, section 182(b)(2) of the CAA 

sets forth additional RACT requirements 

for ozone nonattainment areas classified 

as moderate or higher. Section 182(b)(2) 

of the CAA sets forth requirements 

regarding RACT for the ozone NAAQS 

for VOC sources. Section 182(f) subjects 

major stationary sources of NOX to the 

same RACT requirements applicable to 

major stationary sources of VOC.1

Section 184(b)(1)(B) of the CAA 

applies the RACT requirements in 

section 182(b)(2) to nonattainment areas 

classified as marginal and to attainment 

areas located within ozone transport 

regions established pursuant to section 

184 of the CAA. Section 184(a) of the 

CAA established by law the current 

Ozone Transport Region (OTR) 

comprised of 12 eastern states, 

including Pennsylvania. This 

requirement is referred to as OTR RACT. 

As noted previously, a ‘‘major source’’ 

is defined based on the source’s PTE of 

NOX, VOC, or both pollutants, and the 

applicable thresholds differ based on 

the classification of the nonattainment 

area in which the source is located. See 

sections 182(c)–(f) and 302 of the CAA. 

Since the 1970’s, EPA has 

consistently defined ‘‘RACT’’ as the 

lowest emission limit that a particular 

source is capable of meeting by the 

application of the control technology 

that is reasonably available considering 

technological and economic feasibility.2

EPA has provided more substantive 

RACT requirements through 

implementation rules for each ozone 

NAAQS as well as through guidance. In 

2004 and 2005, EPA promulgated an 

implementation rule for the 1997 8-hour 

ozone NAAQS in two phases (‘‘Phase 1 

of the 1997 Ozone Implementation 

Rule’’ and ‘‘Phase 2 of the 1997 Ozone 

Implementation Rule’’). 69 FR 23951 

(April 30, 2004) and 70 FR 71612 

(November 29, 2005), respectively. 

Particularly, the Phase 2 Ozone 

Implementation Rule addressed RACT 

statutory requirements under the 1997 

8-hour ozone NAAQS. See 70 FR 71652 

(November 29, 2005). 

On March 6, 2015, EPA issued its 

final rule for implementing the 2008 8- 

hour ozone NAAQS (‘‘the 2008 Ozone 

SIP Requirements Rule’’). 80 FR 12264. 

At the same time, EPA revoked the 1997 

8-hour ozone NAAQS, effective on April 

6, 2015.3 The 2008 Ozone SIP 


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The D.C. Cir. Court vacated the provisions it found 

unreasonable. 

4 EPA’s NOX RACT guidance ‘‘Nitrogen Oxides 

Supplement to the General Preamble’’ (57 FR 

55625; November 25, 1992) encouraged states to 

develop RACT programs that are based on ‘‘area 

wide average emission rates.’’ Additional guidance 

on area-wide RACT provisions is provided by EPA’s 

January 2001 economic incentive program guidance 

titled ‘‘Improving Air Quality with Economic 

Incentive Programs,’’ available at http://

www.epa.gov/ttn/oarpg/t1/memoranda/eipfin.pdf. 

In addition, as mentioned previously, the D.C. Cir. 

Court recently upheld the use of NOX averaging to 

meet RACT requirements for 2008 8-hour ozone 

NAAQS. South Coast Air Quality Mgmt. Dist. v. 

EPA, No. 15–1115 (D.C. Cir. February 16, 2018). 

Requirements Rule provided 

comprehensive requirements to 

transition from the revoked 1997 8-hour 

ozone NAAQS to the 2008 8-hour ozone 

NAAQS, as codified in 40 CFR part 51, 

subpart AA, following revocation. 

Consistent with previous policy, EPA 

determined that areas designated 

nonattainment for both the 1997 and 

2008 8-hour ozone NAAQS at the time 

of revocation, must retain 

implementation of certain 

nonattainment area requirements (i.e., 

anti-backsliding requirements) for the 

1997 8-hour ozone NAAQS as specified 

under section 182 of the CAA, including 

RACT. See 40 CFR 51.1100(o). An area 

remains subject to the anti-backsliding 

requirements for a revoked NAAQS 

until EPA approves a redesignation to 

attainment for the area for the 2008 8- 

hour ozone NAAQS. There are no 

effects on applicable requirements for 

areas within the OTR, as a result of the 

revocation of the 1997 8-hour ozone 

NAAQS. Thus, Pennsylvania, as a state 

within the OTR, remains subject to 

RACT requirements for both the 1997 8- 

hour ozone NAAQS and the 2008 8- 

hour ozone NAAQS. 

In addressing RACT, the 2008 Ozone 

SIP Requirements Rule is consistent 

with existing policy and Phase 2 of the 

1997 Ozone Implementation Rule. In the 

2008 Ozone SIP Requirements Rule, 

EPA requires RACT measures to be 

implemented by January 1, 2017 for 

areas classified as moderate 

nonattainment or above and all areas of 

the OTR. EPA also provided in the 2008 

Ozone SIP Requirements Rule that 

RACT SIPs must contain adopted RACT 

regulations, certifications where 

appropriate that existing provisions are 

RACT, and/or negative declarations 

stating that there are no sources in the 

nonattainment area covered by a 

specific control technique guidelines 

(CTG) source category. In the preamble 

to the 2008 Ozone SIP Requirements 

Rule, EPA clarified that states must 

provide notice and opportunity for 

public comment on their RACT SIP 

submissions, even when submitting a 

certification that the existing provisions 

remain RACT or a negative declaration. 

States must submit appropriate 

supporting information for their RACT 

submissions, in accordance with the 

Phase 2 of the 1997 Ozone 

Implementation Rule. Adequate 

documentation must support that states 

have considered control technology that 

is economically and technologically 

feasible in determining RACT, based on 

information that is current as of the time 

of development of the RACT SIP. 

In addition, in the 2008 Ozone SIP 

Requirements Rule, EPA clarified that 

states can use weighted average NOX

emissions rates from sources in the 

nonattainment area for meeting the 

major NOX RACT requirement under the 

CAA, as consistent with existing 

policy.4 EPA also recognized that states 

may conclude in some cases that 

sources already addressed by RACT 

determinations for the 1979 1-hour and/ 

or 1997 8-hour ozone NAAQS may not 

need to implement additional controls 

to meet the 2008 8-hour ozone NAAQS 

RACT requirement. See 80 FR 12278– 

12279 (March 6, 2015). 

C. Applicability of RACT Requirements 

in Pennsylvania 

As indicated earlier, RACT 

requirements apply to any ozone 

nonattainment areas classified as 

moderate or higher (serious, severe or 

extreme) under CAA sections 182(b)(2) 

and 182(f). Pennsylvania has 

outstanding ozone RACT requirements 

for both the 1997 and 2008 8-hour ozone 

NAAQS. The entire Commonwealth of 

Pennsylvania is part of the OTR 

established under section 184 of the 

CAA and thus is subject statewide to the 

RACT requirements of CAA sections 

182(b)(2) and 182(f), pursuant to section 

184(b). 

At the time of revocation of the 1997 

8-hour ozone NAAQS (effective April 6, 

2015), only two moderate 

nonattainment areas remained in the 

Commonwealth of Pennsylvania for this 

standard, the Philadelphia and the 

Pittsburgh Areas. As required under 

EPA’s anti-backsliding provisions, these 

two moderate nonattainment areas 

continue to be subject to RACT under 

the 1997 8-hour ozone NAAQS. Given 

its location in the OTR, the remainder 

of the Commonwealth is also treated as 

moderate nonattainment area under the 

1997 8-hour ozone NAAQS for any 

planning requirements under the 

revoked standard, including RACT. The 

OTR RACT requirement is also in effect 

under the 2008 8-hour ozone NAAQS 

throughout the Commonwealth, since 

EPA did not designate any 

nonattainment areas above marginal for 

this standard in Pennsylvania. Thus, in 

practice, the same RACT requirements 

continue to be applicable in 

Pennsylvania for both the 1997 and 

2008 8-hour ozone NAAQS. RACT must 

be evaluated and satisfied as separate 

requirements under each applicable 

standard. 

RACT applies to major sources of 

NOX and VOC under each ozone 

NAAQS or any VOC sources subject to 

CTG RACT. Which NOX and VOC 

sources in Pennsylvania are considered 

‘‘major’’ and are therefore subject to 

RACT is dependent on the location of 

each source within the Commonwealth. 

Sources located in nonattainment areas 

would be subject to the ‘‘major source’’ 

definitions established under the CAA. 

In the case of Pennsylvania, sources 

located in any areas outside of moderate 

or above nonattainment areas, as part of 

the OTR, shall be treated as if these 

areas were moderate. 

In Pennsylvania, the SIP program is 

implemented primarily by the PADEP, 

but also by local air agencies in 

Philadelphia County (the City of 

Philadelphia’s Air Management Services 

[AMS]) and Allegheny County, (the 

Allegheny County Health Department 

[ACHD]). These agencies have 

implemented numerous RACT 

regulations and source-specific 

measures in Pennsylvania to meet the 

applicable ozone RACT requirements. 

Historically, statewide RACT controls 

have been promulgated by PADEP in 

Pennsylvania Code Title 25— 

Environmental Resources, Part I— 

Department of Environmental 

Protection, Subpart C—Protection of 

Natural Resources, Article III—Air 

Resources, (25 Pa. Code) Chapter 129. 

AMS and ACHD have incorporated by 

reference Pennsylvania regulations, but 

have also promulgated regulations 

adopting RACT controls for their own 

jurisdictions. In addition, AMS and 

ACHD have submitted, through PADEP, 

separate source-specific RACT 

determinations as SIP revisions for 

sources within their respective 

jurisdictions, which have been 

approved by EPA. See 40 CFR 

52.2020(d)(1). 

States were required to make RACT 

SIP submissions for the 1997 8-hour 

ozone NAAQS by September 15, 2006. 

PADEP submitted a SIP revision on 

September 25, 2006, certifying that a 

number of previously approved VOC 

RACT rules continued to satisfy RACT 

under the 1997 8-hour ozone NAAQS 


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5The September 15, 2006 SIP submittal initially 

included Pennsylvania’s certification of NOX RACT 

regulations; however, NOX RACT portions were 

withdrawn by PADEP on June 27, 2016. 

6EPA’s conditional approval of PADEP’s May 16, 

2016 SIP revision covered relevant sources located 

in both Philadelphia and Allegheny County, 

Pennsylvania. 

7These requirements were initially approved as 

RACT for Pennsylvania under the 1979 1-hour 

ozone NAAQS. 

8On August 27, 2020, the Third Circuit Court of 

Appeals vacated three provisions of Pennsylvania’s 

presumptive RACT II rule applicable to certain 

coal-fired power plants. Sierra Club v. EPA, No. 19– 

2562 (3rd Cir. August 27, 2020). None of the sources 

in this proposed rulemaking are subject to the 

presumptive RACT II provisions at issue in the 

Sierra Club decision. 

9As noted previously, EPA, in this action, is 

proposing approval for eight of the nine case-bycase RACT determinations submitted by PADEP in 

the applicable SIP revision. See Table 1 of this 

document for more detailed information. 

for the remainder of Pennsylvania.5

PADEP has met its obligations under the 

1997 8-hour ozone NAAQS for its CTG 

and non-CTG VOC sources. See 82 FR 

31464 (July 7, 2017). RACT control 

measures addressing all applicable CAA 

RACT requirements under the 1997 8- 

hour ozone NAAQS have been 

implemented and fully approved in the 

jurisdictions of ACHD and AMS. See 78 

FR 34584 (June 10, 2013) and 81 FR 

69687 (October 7, 2016). For the 2008 8- 

hour ozone NAAQS, states were 

required to submit RACT SIP revisions 

by July 20, 2014. On May 16, 2016, 

PADEP submitted a SIP revision 

addressing RACT under both the 1997 

and 2008 8-hour ozone NAAQS in 

Pennsylvania. Specifically, the May 16, 

2016 SIP submittal intended to satisfy 

sections 182(b)(2)(C), 182(f), and 184 of 

the CAA for both the 1997 and 2008 8- 

hour ozone NAAQS for Pennsylvania’s 

major NOX and VOC non-CTG sources, 

except ethylene production plants, 

surface active agents manufacturing, 

and mobile equipment repair and 

refinishing.6

D. EPA’s Conditional Approval for 

Pennsylvania’s RACT Requirements 

Under the 1997 and 2008 8-Hour Ozone 

NAAQS 

On May 16, 2016, PADEP submitted 

a SIP revision addressing RACT under 

both the 1997 and 2008 8-hour ozone 

NAAQS in Pennsylvania. PADEP’s May 

16, 2016 SIP revision intended to 

address certain outstanding non-CTG 

VOC RACT, VOC CTG RACT, and major 

NOX RACT requirements under the 

CAA for both standards. The SIP 

revision requested approval of 

Pennsylvania’s 25 Pa. Code 129.96–100, 

Additional RACT Requirements for 

Major Sources of NOX and VOCs (the 

‘‘presumptive’’ RACT II rule). Prior to 

the adoption of the RACT II rule, 

Pennsylvania relied on the NOX and 

VOC control measures in 25 Pa. Code 

129.92–95, Stationary Sources of NOX

and VOCs, (the RACT I rule) to meet 

RACT for non-CTG major VOC sources 

and major NOX sources. The 

requirements of the RACT I rule remain 

in effect and continue to be 

implemented as RACT.7 On September 

26, 2017, PADEP submitted a 

supplemental SIP revision which 

committed to address various 

deficiencies identified by EPA in their 

May 16, 2016 ‘‘presumptive’’ RACT II 

rule SIP revision. 

On May 9, 2019, EPA conditionally 

approved the RACT II rule based on 

PADEP’s September 26, 2017 

commitment letter.8 See 84 FR 20274. In 

EPA’s final conditional approval, EPA 

noted that PADEP would be required to 

submit, for EPA’s approval, SIP 

revisions to address any facility-wide or 

system-wide averaging plan approved 

under 25 Pa. Code 129.98 and any caseby-case RACT determinations under 25 

Pa. Code 129.99. PADEP committed to 

submitting these additional SIP 

revisions within 12 months of EPA’s 

final conditional approval, specifically 

May 9, 2020. 

Therefore, as authorized in CAA 

section 110(k)(3) and (k)(4), 

Pennsylvania was required to submit 

the following as case-by-case SIP 

revisions, by May 9, 2020, for EPA’s 

approval as a condition of approval of 

25 Pa. Code 128 and 129 in the May 16, 

2016 SIP revision: (1) All facility-wide 

or system-wide averaging plans 

approved by PADEP under 25 Pa. Code 

129.98 including, but not limited to, any 

terms and conditions that ensure the 

enforceability of the averaging plan as a 

practical matter (i.e., any monitoring, 

reporting, recordkeeping, or testing 

requirements); and (2) all sourcespecific RACT determinations approved 

by PADEP under 25 Pa. Code 129.99, 

including any alternative compliance 

schedules approved under 25 Pa. Code 

129.97(k) and 129.99(i); the case-by-case 

RACT determinations submitted to EPA 

for approval into the SIP should include 

any terms and conditions that ensure 

the enforceability of the case-by-case or 

source-specific RACT emission 

limitation as a practical matter (i.e., any 

monitoring, reporting, recordkeeping, or 

testing requirements). See May 9, 2019 

(84 FR 20274). Through multiple 

submissions between 2017 and 2020, 

PADEP has submitted to EPA for 

approval various SIP submissions to 

implement its RACT II case-by-case 

determinations and averaging plans. 

This proposed rulemaking is based on 

EPA’s review of one of these SIP 

revisions. 

II. Summary of SIP Revisions 

In order to satisfy a requirement from 

EPA’s May 9, 2019 conditional 

approval, PADEP has submitted to EPA, 

SIP revisions addressing case-by-case 

RACT requirements for major sources in 

Pennsylvania subject to 25 Pa. Code 

129.99. As noted in Table 1 of this 

document, on March 9, 2020, PADEP 

submitted to EPA, a SIP revision 

pertaining to Pennsylvania’s case-bycase NOX and/or VOC RACT 

determinations for nine major sources 

located in the Commonwealth. PADEP 

provided documentation in its SIP 

revisions to support its case-by-case 

RACT determinations for affected 

emission units at each major source 

subject to 25 Pa. Code 129.99. 

Specifically, in this SIP submittal, 

PADEP evaluated a total of nine major 

NOX and/or VOC sources in 

Pennsylvania for case-by-case RACT.9

In the Pennsylvania RACT SIP 

revision, PADEP included a case-bycase RACT determination for the 

existing emissions units at each of these 

major sources of NOX and/or VOC that 

required a source specific RACT 

determination. In PADEP’s RACT 

determinations an evaluation was 

completed to determine if previously 

SIP-approved, case-by-case RACT 

requirements (herein referred to as 

RACT I) were more stringent and 

required to be retained in the sources 

Title V air quality permit and 

subsequently, the Federally-approved 

SIP, or if the new case-by-case RACT 

requirements are more stringent and 

supersede the previous Federallyapproved provisions. 

In this rulemaking action, EPA is 

taking action on eight major sources of 

NOX and/or VOC in Pennsylvania, 

subject to Pennsylvania’s case-by-case 

RACT requirements, as summarized in 

Table 2. 


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10The RACT II permits are redacted versions of 

a facility’s Federally enforceable permits and reflect 

the specific RACT requirements being approved 

into the Pennsylvania SIP. 

TABLE 2—EIGHT MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO CASE-BY-CASE RACT II UNDER

THE 1997 AND 2008 8-HOUR OZONE NAAQS 

Major source 

(county) 

1-Hour ozone RACT 

source? 

(RACT I) 

Major source 

pollutant (NOX and/or 

VOC) 

RACT II permit 

(effective date) 

Volvo Construction Equipment North America (Franklin) No ...................................... VOC ................................... 28–05012 (6/1/2019). 

National Fuel Gas Supply Corporation—Roystone Compressor Station (Warren).Yes .................................... NOX and VOC ................... 62–141H (1/16/2018). 

E.I DuPont de Nemours and Co. (Bradford) ................... Yes .................................... NOX and VOC ................... 08–00002 (9/28/2018). 

Carmeuse Lime Inc. (Lebanon) ....................................... Yes .................................... NOX ................................... 38–05003 (3/6/2019). 

Kovatch Mobile Equipment Corp. (Carbon) .................... No ...................................... VOC ................................... 13–00008 (10/27/2017). 

Merck, Sharpe & Dohme Corp. (formerly Merck and 

Co., Inc.—West Point Facility) (Montgomery).

Yes .................................... NOX and VOC ................... 46–00005 (1/5/2017). 

Letterkenny Army Depot (formerly Department of the 

Army) (Franklin).

Yes .................................... VOC ................................... 28–05002 (6/1/2018). 

Fairless Energy, LLC (Bucks) ......................................... No ...................................... NOX and VOC ................... 09–00124 (12/6/2016). 

The case-by-case RACT 

determinations submitted by PADEP 

consist of an evaluation of all 

reasonably available controls at the time 

of evaluation for each affected emissions 

unit, resulting in a PADEP 

determination of what specific control 

requirements, if any, satisfy RACT for 

that particular unit. The adoption of 

new or additional controls or the 

revisions to existing controls as RACT 

were specified as requirements in new 

or revised Federally enforceable permits 

(hereafter RACT II permits) issued by 

PADEP to the source. The RACT II 

permits, which revise or adopt 

additional source-specific controls, have 

been submitted as part of the 

Pennsylvania RACT SIP revisions for 

EPA’s approval in the Pennsylvania SIP 

under 40 CFR 52.2020(d)(1). The RACT 

II permits submitted by PADEP are 

listed in the last column of Table 2 of 

this document, along with the permit 

effective date, and are part of the docket 

for this rulemaking, which is available 

online at https://www.regulations.gov, 

Docket No. EPA–R03–OAR–2020– 

0597.10 EPA is proposing to incorporate 

by reference in the Pennsylvania SIP, 

via the RACT II permits, source-specific 

RACT determinations under the 1997 

and 2008 8-hour ozone NAAQS for 

certain major sources of NOX and VOC 

emissions. 

III. EPA’s Evaluation of SIP Revisions 

After thorough review and evaluation 

of the information provided by PADEP 

for eight major sources of NOX and/or 

VOC in Pennsylvania in its SIP revision 

submittal, EPA finds that PADEP’s caseby-case RACT determinations and 

conclusions provided are reasonable 

and appropriately considered 

technically and economically feasible 

controls, while setting lowest achievable 

limits. EPA finds that the proposed 

source-specific RACT controls for the 

sources subject to this rulemaking 

action adequately meet the CAA RACT 

requirements for the 1997 and 2008 

8-hour ozone NAAQS for the major 

sources of NOX and/or VOC in 

Pennsylvania, as they are not covered by 

or cannot meet Pennsylvania’s 

presumptive RACT regulation. 

EPA also finds that all the proposed 

revisions to previously SIP approved 

RACT requirements, under the 1979 

1-hour ozone standard (RACT I), as 

discussed in PADEP’s SIP revisions, 

will result in equivalent or additional 

reductions of NOX and/or VOC 

emissions and should not interfere with 

any applicable requirement concerning 

attainment or reasonable further 

progress with the NAAQS or interfere 

with other applicable CAA requirement 

in section 110(l) of the CAA. 

EPA’s complete analysis of PADEP’s 

case-by-case RACT SIP revisions is 

included in the TSD available in the 

docket for this rulemaking action and 

available online at https://

www.regulations.gov, Docket number 

EPA–R03–OAR–2020–0597. 

IV. Proposed Action 

Based on EPA’s review, EPA is 

proposing to approve the Pennsylvania 

SIP revisions for the eight case-by-case 

RACT facilities listed in Table 2 of this 

document and incorporate by reference 

in the Pennsylvania SIP, via the RACT 

II permits, source specific RACT 

determinations under the 1997 and 2008 

8-hour ozone NAAQS for certain major 

sources of NOX and VOC emissions. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. As EPA views 

each facility as a separable SIP revision, 

should EPA receive comment on one 

facility but not others, EPA may take 

separate, final action on the remaining 

facilities. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

source specific RACT determinations 

via the RACT II permits as described in 

Sections II and III of this document— 

Summary of SIP Revisions and EPA’s 

Evaluation of SIP Revisions. EPA has 

made, and will continue to make, these 

materials generally available through 

https://www.regulations.gov and at the 

EPA Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because it is not a significant 


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9036 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 

regulatory action under Executive Order 

12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 

rulemaking, addressing Pennsylvania’s 

NOX and VOC RACT requirements for 

eight case-by-case facilities for the 1997 

and 2008 8-hour ozone NAAQS, does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–02587 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0387; FRL 10017–05– 

Region 5] 

Air Plan Approval; Indiana; Emissions 

Reporting Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Indiana State 

Implementation Plan (SIP) submitted on 

July 16, 2020, by the Indiana 

Department of Environmental 

Management (IDEM). The revision 

incorporates changes to Indiana’s 

existing emission reporting rule to be 

consistent with the emissions statement 

requirements in the Clean Air Act 

(CAA). The CAA requires stationary 

sources in ozone nonattainment areas to 

submit annual emissions statements. 

The revision to the rule extends the 

requirements in Indiana’s emission 

reporting rule to Clark and Floyd 

counties, which were designated 

nonattainment under the 2015 ozone 

National Ambient Air Quality Standard 

(NAAQS) in 2018, and removes the 

requirement for Lawrenceburg 

Township in Dearborn County and to 

LaPorte County, because these areas are 

currently designated attainment for the 

1997, 2008 and 2015 ozone standards. 

DATES: Comments must be received on 

or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0387 at http://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR 18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding federal holidays and facility 

closures due to COVID–19. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Emissions Statement Rule 

Requirements 

Section 182(a)(3)(B) of the CAA 

requires states with ozone 

nonattainment areas to submit revisions 

to their SIPs to require the owner or 

operator of each stationary source of 

volatile organic compounds (VOC) or 

oxides of nitrogen (NOX) to provide the 

state with an annual statement 

documenting the actual emissions of 

VOC and NOX from their source. This 

requirement applies to each stationary 

source emitting greater than or equal to 

25 tons per year of VOC or NOX in an 

ozone nonattainment area. 

As EPA has promulgated more 

stringent NAAQS for ozone in 1997, 

2008, and 2015, additional areas in 

Indiana have been designated as 

nonattainment. On March 29, 2007 (72 

FR 14681), EPA determined that Indiana 

regulation 326 Indiana Administrative 

Code (IAC) 2–6, Emission Reporting, 

satisfied the requirements of CAA 

Section 182(a)(3)(B) for nonattainment 

areas under the 1997 ozone NAAQS. 

The requirement to submit annual 

emissions statements affected stationary 

sources located in Lake, Porter, and 

LaPorte Counties. On April 7, 2017 (82 

FR 16926), EPA approved into Indiana’s 

SIP a revised version of 326 IAC 2–6 

that extended the emissions reporting 

requirements to Lawrenceburg 

Township, Dearborn County, which had 

been designated nonattainment under 

the 2008 ozone NAAQS. In a separate 

action, on April 7, 2017 (82 FR 16934), 

EPA approved Indiana’s emissions 

reporting requirements for Lake and 

Porter counties designated 


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