[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8743-8748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02586]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0598; FRL-10018-68-Region 3]


Air Plan Approval; Pennsylvania; Reasonably Available Control 
Technology (RACT) Determinations for Case-by-Case Sources Under the 
2008 8-Hour Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 major sources of volatile organic compounds (VOC) and nitrogen 
oxides (NO<INF>X</INF>) 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 nine major sources located in 
Philadelphia County. These RACT evaluations were submitted to meet RACT 
requirements for the 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 11, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0598 at https://www.regulations.gov, or via email to 
opila.<a href="/cdn-cgi/l/email-protection#274a46555e444653426742574609404851"><span class="__cf_email__" data-cfemail="224f43505b41435647624752430c454d54">[email protected]</span></a>. 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

[[Page 8744]]

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: Mr. Riley Burger, Permits Branch 
(3AD10), Air and Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814 2217. Mr. Burger can also be reached 
via electronic mail at <a href="/cdn-cgi/l/email-protection#781a0d0a1f1d0a560a11141d01381d0819561f170e"><span class="__cf_email__" data-cfemail="395b4c4b5e5c4b174b50555c40795c4958175e564f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On May 7, 2020, PADEP submitted two 
revisions to its SIP to address case-by-case NO<INF>X</INF> and/or VOC 
RACT for 93 major facilities. These SIP revisions are intended to 
address the NO<INF>X</INF> 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 that EPA is proposing to approve in this 
action. 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 nine of the 93 sources submitted to EPA by PADEP on 
behalf of Philadelphia Air Management Services (AMS) for facilities 
located in Philadelphia County.
    The SIP revisions in this action only establish 2008 8-hour ozone 
NAAQS RACT requirements. Applicable RACT requirements under the CAA for 
sources located in Philadelphia for the 1997 8-hr ozone NAAQS were 
previously satisfied. See 81 FR 69687 (October 7, 2016, effective 
November 7, 2016). 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 ``case-by-case'' RACT 
determinations see the appropriate technical support document (TSD) 
which is available online at https://www.regulations.gov, Docket No. 
EPA-R03-OAR-2020-0598.

    Table 1--PADEP SIP Submittals for Major NOX and/or VOC Sources in
  Philadelphia County Subject to Source-Specific RACT Under the 2008 8-
                           Hour Ozone Standard
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      SIP submittal date                      Major source
------------------------------------------------------------------------
5/7/2020.....................  AdvanSix Resins & Chemicals LLC--
                                Frankford Plant (formerly, Honeywell
                                International--Frankford Plant).
                               Exelon Generation Company--Richmond
                                Generating Station.
                               Grays Ferry Cogeneneration Partnership--
                                Schuylkill Station.
                               Vicinity Energy Philadelphia--Schuylkill
                                Station (formerly Veolia Energy
                                Philadelphia--Schuylkill Station).
                               Kinder Morgan Liquids Terminals, LLC--
                                Philadelphia Terminal.
                               Naval Surface Warfare Center--
                                Philadelphia Divison (formerly Naval
                                Surface Warfare Center--Carderock
                                Division, Ship Systems Engineering
                                Station).
                               Newman and Company, Inc (formerly
                                Paperworks Industries, Inc).
                               Philadelphia Energy Solutions Refining
                                and Marketing LLC.
                               Philadelphia Shipyard Inc.
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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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE (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: 
Allentown-Bethlehem-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.
    On November 7, 2016 EPA determined that the Philadelphia 1997 8-
hour ozone NAAQS RACT demonstration satisfies all applicable RACT 
requirements under the CAA for Philadelphia for the 1997 8-hour ozone 
NAAQS. 81 FR 69687 (October 7, 2016).

B. RACT Requirements for Ozone

    The CAA regulates emissions of NO<INF>X</INF> and VOC to prevent 
photochemical reactions that result in ozone formation. RACT is an 
important strategy for reducing NO<INF>X</INF> 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

[[Page 8745]]

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 NO<INF>X</INF> to the same RACT requirements 
applicable to major stationary sources of VOC.\1\
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    \1\ A ``major source'' is defined based on the source's 
potential to emit (PTE) of NO<INF>X</INF> 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.
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    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 NO<INF>X</INF>, 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\
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    \2\ See December 9, 1976 memorandum from Roger Strelow, 
Assistant Administrator for Air and Waste Management, to Regional 
Administrators, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas,'' and also 44 FR 53762 
(September 17, 1979).
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    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 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.
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    \3\ On 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 NO<INF>X</INF> averaging to meet RACT requirements 
for 2008 8-hour ozone NAAQS. However, the Court also found certain 
other provisions unreasonable. The D.C. Cir. Court vacated the 
provisions it found unreasonable.
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    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 NO<INF>X</INF> emissions rates 
from sources in the nonattainment area for meeting the major 
NO<INF>X</INF> 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).
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    \4\ EPA's NO<INF>X</INF> 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 NO<INF>X</INF> 
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).
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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. Philadelphia County only has outstanding ozone RACT 
requirements for the 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).

[[Page 8746]]

    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 NO<INF>X</INF> and VOC under each 
ozone NAAQS or any VOC sources subject to CTG RACT. Which 
NO<INF>X</INF> 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 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 NO<INF>X</INF> and VOC non-CTG sources, 
except ethylene production plants, surface active agents manufacturing, 
and mobile equipment repair and refinishing.\6\
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    \5\ The September 15, 2006 SIP submittal initially included 
Pennsylvania's certification of NO<INF>X</INF> RACT regulations; 
however, NO<INF>X</INF> RACT portions were withdrawn by PADEP on 
June 27, 2016.
    \6\ EPA's conditional approval of PADEP's May 16, 2016 SIP 
revision covered relevant sources located in both Philadelphia and 
Allegheny County, Pennsylvania.
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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 NO<INF>X</INF> 
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 NO<INF>X</INF> 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 
NO<INF>X</INF> 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.
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    \7\ These requirements were initially approved as RACT for 
Pennsylvania under the 1979 1-hour ozone NAAQS.
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    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 case-by-case RACT determinations under 25 Pa. Code 
129.99. PADEP committed to submitting these additional SIP revisions 
within 12 months of EPA's final conditional approval, specifically May 
9, 2020.
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    \8\ On 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, 2010). None of the sources in this 
proposed rulemaking are subject to the presumptive RACT II 
provisions at issue in the Sierra Club decision.
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    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 source-specific 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

[[Page 8747]]

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 some 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 May 7, 2020, PADEP submitted to EPA, on behalf of AMS, SIP 
revisions pertaining to Pennsylvania's case-by-case NO<INF>X</INF> and/
or VOC RACT determinations for 9 major sources located in Philadelphia 
County. AMS 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, AMS evaluated a total of nine major NO<INF>X</INF> and/or 
VOC sources in Pennsylvania for case-by-case RACT.
    In the Pennsylvania RACT SIP revision, AMS included a case-by-case 
RACT determination for the existing emissions units at each of these 
major sources of NO<INF>X</INF> and/or VOC that required a source 
specific RACT determination. In AMS' RACT determinations an evaluation 
was completed to determine if previously SIP-approved, case-by-case 
RACT requirements 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 Federally-approved provisions.
    EPA, in this action, is taking action on nine major sources of 
NO<INF>X</INF> and/or VOC in Philadelphia County, subject to 
Pennsylvania's case-by-case RACT requirements, as summarized in Table 
2.

           Table 2--Nine Major NOX and/or VOC Sources in Philadelphia County Subject to Case-by-Case RACT II Under the 2008 8-Hour Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Major  source pollutant  (NOX and/
           Major source                1997 8-Hour ozone  RACT source?                  or VOC)                     RACT II permit  (effective date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
AdvanSix Resins & Chemicals LLC--   Yes.................................  NOX and VOC........................  IP16-000276 (3/5/2020)
 Frankford Plant (formerly
 Honeywell International--
 Frankford Plant).
Exelon Generation Company--         Yes.................................  NOX................................  IP16-000246 (4/20/2020)
 Richmond Generating Station.
Grays Ferry Cogeneneration          Yes.................................  NOX................................  IP-16-000250 (3/4/2020)
 Partnership--Schuylkill Station.
Vicinity Energy Philadelphia--      Yes.................................  NOX................................  IP16-000249 (3/4/2020)
 Schuylkill Station (formerly
 Veolia Energy Philadelphia--
 Schuylkill Station).
Kinder Morgan Liquids Terminals,    Yes.................................  VOC................................  IP16-000233 (4/20/2020)
 LLC--Philadelphia Terminal.
Naval Surface Warfare Center--      Yes.................................  NOX................................  IP16-000235 (3/20/2020)
 Philadelphia Division (formerly
 Naval Surface Warfare Center--
 Carderock Division, Ship Systems
 Engineering Station).
Newman and Company, Inc (formerly   Yes.................................  NOX................................  IP-000223 (3/31/2020)
 Paperworks Industries, Inc).
Philadelphia Energy Solutions       Yes.................................  NOX and VOC........................  IP-16-00269 (4/24/2020)
 Refining and Marketing LLC.
Philadelphia Shipyard Inc.........  No..................................  VOC................................  IP16-000300 (4/8/2020)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The case-by-case RACT determinations submitted by PADEP, on behalf 
of AMS, consist of an evaluation of all reasonably available controls 
at the time of evaluation for each affected emissions unit, resulting 
in an AMS 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 AMS 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, on behalf of 
AMS, 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-2020-0598.\9\ EPA is proposing to incorporate by 
reference in the Pennsylvania SIP, via the RACT II permits, source-
specific RACT determinations under the 2008 8-hour ozone NAAQS for 
certain major sources of NO<INF>X</INF> and VOC emissions in 
Philadelphia County.
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    \9\ The RACT II permits are termed RACT Plan Approvals by AMS 
and reflect the specific RACT requirements being approved into the 
Pennsylvania SIP.
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III. EPA's Evaluation of SIP Revisions

    After thorough review and evaluation of the information provided by 
PADEP on behalf of AMS in its SIP revision submittals for nine major 
sources of NO<INF>X</INF> and/or VOC in Philadelphia County, EPA finds 
that AMS' case-by-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 2008 8-hour ozone NAAQS for the major sources of NO<INF>X</INF> 
and/or VOC in Pennsylvania, as they are not covered by or cannot meet

[[Page 8748]]

Pennsylvania's presumptive RACT regulation.
    EPA also finds that all the proposed revisions to previously SIP 
approved RACT requirements, under the 1997 8-hour ozone standard, as 
discussed in AMS' SIP revisions, will result in equivalent or 
additional reductions of NO<INF>X</INF> 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 AMS' 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-2020-0598.

IV. Proposed Action

    Based on EPA's review, EPA is proposing to approve the Pennsylvania 
SIP revisions for the nine 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 2008 8-hour ozone NAAQS for certain major sources of NO<INF>X</INF> 
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:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action under Executive Order 12866.
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 the 
NO<INF>X</INF> and VOC RACT requirements for nine 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

    Environmental protection, Air pollution control, 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. 2021-02586 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P


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