Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87955 

1A more detailed and complete summary of the 

history of the RACT limits for these EGUs can be 

found in the Notice of Proposed Rulemaking for this 

final action. 89 FR 56680 (July 10, 2024). 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T05–0972, to read as 

follows. 

§ 165.T05–0972 Safety Zone; Atlantic 

Ocean, Point Pleasant Beach, NJ. 

(a) Location. All navigable waters, on 

a portion of the Atlantic Ocean, within 

500 yards of a sunken vessel being 

salvaged, in position latitude 

40°05′32.3′′ N, longitude 74°01′28.4′′ W. 

(WGS 84) 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Sector Delaware Bay 

in the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter or remain 

in the safety zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or (215) 271–4807. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. (1) The safety zone 

created by this section will be enforced 

only upon issuance of a Broadcast 

Notice to Mariners (BNM) by the COTP, 

as well as on-scene notice or other 

appropriate means in accordance with 

§ 165.7. 

(2) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(e) Enforcement period. This rule will 

be enforced for a seven-day period 

between October 31, 2024, and 

November 30, 2024, after issuance of a 

BNM, as detailed above. 

Dated: October 31, 2024. 

Kate F. Higgins-Bloom, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Delaware Bay. 

[FR Doc. 2024–25718 Filed 11–5–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2024–0302; FRL–12064– 

02–R3] 

Air Plan Approval; Pennsylvania; 

Adoption of Federal Implementation 

Plan Reasonably Available Control 

Technology Requirements for 

Keystone, Conemaugh, Homer City, 

and Montour Generating Facilities for 

the 1997 and 2008 Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

the state implementation plan (SIP) 

revisions submitted by the 

Commonwealth of Pennsylvania. The 

revisions being approved adopt nitrogen 

oxides (NOX) emission limits and 

requirements for the coal-fired electric 

generating units (EGUs) equipped with 

selective catalytic reduction (SCR) at the 

Keystone, Conemaugh, Homer City, and 

Montour facilities. The NOX limits 

address reasonably available control 

technology (RACT) requirements for 

these EGUs for the 1997 and 2008 ozone 

national ambient air quality standards 

(NAAQS) and address the deficiencies 

identified in EPA’s August 16, 2022, 

disapproval of an earlier SIP 

submission. This action is being taken 

under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

December 6, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2024–0302. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 

FOR FURTHER INFORMATION CONTACT: 

Sean Silverman, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–5511. Mr. 

Silverman can also be reached via 

electronic mail at silverman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 16, 2022, (87 FR 50257) 

EPA took final action to disapprove 

portions of a Pennsylvania SIP revision 

submitted May 16, 2016 that, among 

other things, established NOX emission 

limitations for the coal-fired EGUs 

equipped with SCR at the Keystone, 

Conemaugh, Homer City, and Montour 

facilities, to satisfy certain RACT 

obligations for the 1997 and 2008 ozone 

NAAQS.1 EPA’s August 16, 2022, final 

disapproval started a sanctions clock 

under CAA section 179 and 40 CFR 

52.31. The two-to-one new source 

emissions offset sanction took effect on 

March 15, 2024 (18 months following 

the September 15, 2022, effective date of 

the August 16, 2022, disapproval, 87 FR 

50257). Highway funding sanctions 

would have taken effect September 15, 

2024, unless the state submitted, and 

EPA approved, SIP revisions correcting 

the deficiencies identified in the August 

16, 2022, disapproval action. 

On August 31, 2022, EPA issued a 

Federal implementation plan (FIP) 

adopting NOX RACT limits for these 

four sources addressing these same 

RACT obligations. 87 FR 53381. Three 

of the sources subject to the FIP filed a 

challenge to the FIP in the U.S. Third 

Circuit Court of Appeals. KeystoneConemaugh Projects LLC v. EPA, et al., 

No. 22–3026. Following briefing and 

oral argument, on May 2, 2024, the 

Third Circuit issued a decision 

upholding the RACT limits and other 

requirements in EPA’s August 31, 2022, 

FIP. The court decided and resolved all 

issues raised by the Petitioners in EPA’s 

favor. Id. 

On April 10, 2024, Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted two SIP revisions to 


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EPA which adopted into the SIP the 

NOX limits and other requirements 

found in EPA’s final August 31, 2022, 

FIP for Keystone, Conemaugh, Homer 

City, and Montour (Montour was 

submitted separately). On July 10, 2024, 

EPA published a notice of proposed 

rulemaking (NPRM) proposing to 

approve Pennsylvania’s April 10, 2024, 

SIP revisions (89 FR 56680). EPA’s 

NPRM also proposed to find that the 

incorporation of title V permits 

containing the FIP requirements into 

Pennsylvania’s SIP addressed the 

deficiencies identified in EPA’s August 

16, 2022 (87 FR 50257), partial 

disapproval. The reasons for the 

proposed approval and the 

determination were stated in the 

proposal for this action and will not be 

restated here. Based on this finding and 

the proposed approval, EPA 

simultaneously issued an Interim Final 

Determination (IFD) staying the 

application of the offset sanction and 

deferring the application of the highway 

sanction triggered by EPA’s August 16, 

2022 (87 FR 50257) disapproval. 89 FR 

56666 (July 10, 2024). EPA’s proposed 

action noted that it was not taking 

action at this time on certain RACT 

limits for auxiliary boilers which were 

included in the SIP revisions, and 

therefore this final action does not 

address those RACT limits for the 

identified auxiliary boilers. 

The public comment period for the 

proposed approval and determination 

ended on August 9, 2024. EPA received 

three comments, which can be found in 

the docket. One of the comments is not 

relevant to this action and will not be 

addressed. The other two were 

supportive, but one generally supportive 

comment also contained comments 

which could be considered adverse. 

Those potentially adverse comments are 

addressed below. 

II. Summary of SIP Revision and EPA 

Analysis 

Pennsylvania’s SIP submissions, 

dated April 9, 2024, and received by 

EPA on April 10, 2024, included four 

redacted title V permits incorporating 

the FIP requirements for the EGUs 

equipped with SCR at Keystone, 

Conemaugh, Homer City, and Montour. 

EPA has reviewed these permits and 

determined that the permits incorporate 

the same emission limits, monitoring, 

testing, recordkeeping, reporting, work 

practices and other requirements for 

these EGUs found in EPA’s FIP. The 

permits are listed in Table 1 in this 

document. These submissions and 

permits are part of the docket for this 

rule making and are available online at 

www.regulations.gov. 

TABLE 1—LIST OF TITLE V PERMITS INCORPORATING THE REQUIREMENTS OF THE AUGUST 31, 2022, FEDERAL

IMPLEMENTATION PLAN

Source name Title V permit No. County Permit effective date 

Conemaugh ..................................................................... 32–0059 Indiana ............................................... March 14, 2024. 

Homer City ....................................................................... 32–00055 Indiana ............................................... March 14, 2024. 

Keystone .......................................................................... 03–00027 Armstrong .......................................... March 14, 2024. 

Montour ............................................................................ 47–00001 Montour ............................................. March 14, 2024. 

The title V permits in the April 10, 

2024, SIP submissions for Keystone and 

Conemaugh also contain case-by-case 

RACT limits for certain gas or oil-fired 

auxiliary boilers at these facilities. 

However, EPA is not taking action at 

this time on the case-by-case RACT 

limits in these permits for two auxiliary 

boilers at Keystone (Source IDs 037 and 

038) and two at Conemaugh (Source IDs 

039 and 041). These auxiliary boilers 

were not subject to the presumptive 

RACT limit in 25 Pa. Code 

129.97(g)(1)(viii) for which EPA issued 

a final disapproval in August 2022. 

As explained in the proposed action, 

EPA’s assessment regarding the 

approvability of the RACT limits and 

other requirements for these EGUs 

found in Pennsylvania’s SIP submission 

is substantially the same as the 

justification and analysis in the record 

EPA created for its FIP. EPA provided 

an in-depth discussion of the 

methodology and reasoning for setting 

the FIP limits for each of these EGUs in 

EPA’s proposed FIP (87 FR 31798, May 

25, 2022), the associated technical 

support document supporting the 

proposed FIP, and in responses to 

comments received on the proposed FIP 

and published with the final FIP action 

(87 FR 53381, August 31, 2022). EPA 

has put the technical support document 

for EPA’s FIP into the docket for this 

action. The Federal Register documents 

for the proposed and final FIP are 

available at www.regulations.gov under 

docket number EPA–R03–OAR–2022– 

0347 and in the Federal Register at the 

citations provided in the prior sentence. 

EPA is not aware of any change in the 

facts since the FIP was finalized that 

would alter any of the limits or 

requirements or EPA’s analysis 

supporting the FIP. Other specific 

requirements of Pennsylvania’s April 

10, 2024, submittal and the rationale for 

EPA’s proposed action are explained in 

the NPRM and will not be restated here. 

III. EPA’s Response to Comments 

Received 

EPA received three comments on the 

July 10, 2024, documents. One comment 

is not relevant to this action and will 

not be addressed. A summary of the 

other two comments and EPA’s 

responses follow. Copies of all the 

comments are in the docket for this rule 

action. 

Comment 1: The commenter first 

acknowledges some key historical 

developments concerning the NOX

RACT requirements for the Keystone 

and Conemaugh EGUs, including 

PADEP’s prior SIP submission of May 

26, 2022, EPA’s proposed disapproval of 

that SIP submission, PADEP’s 

withdrawal of that SIP submission 

following EPA’s proposed disapproval, 

and the May 2, 2024, decision by the 

Third Circuit Court of Appeals 

upholding the RACT limits and other 

requirements in EPA’s August 31, 2022, 

FIP. The commenter then states that 

they ‘‘[support] the EPA’s effort to 

finalize the SIP as prepared by the 

PADEP.’’ 

The commenter then notes that ‘‘the 

challenges of operating under these 

limits that KEY–CON noted during the 

rulemaking process for the FIP remain.’’ 

The commenter asserts that in order to 

account for start-up events where higher 

NOX emissions above the limit are 

unavoidable, the sources must operate 

at a target NOX emission rate that is 

lower than each sources’ limit. The 

commenter acknowledges that 

‘‘operating in this manner provides a 

manageable balance for maintaining an 

adequate (but small) margin of 

compliance and limiting excessive 

aqueous ammonia injection rates that 

are required to achieve lower NOX

emission rates.’’ The comment notes 

that extended periods of excessive 

ammonia injection can lead to fouling of 

the air preheaters, and that this problem 

is exacerbated in colder weather. As a 

result, the commenter states that the 


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2Memo, dated December 9, 1976, from Roger 

Strelow, Assistant Administrator for Air and Waste 

Management, to Regional Administrators, 

‘‘Guidance for Determining Acceptability of SIP 

Regulations in Non-Attainment Areas,’’ p. 2, 

available at www3.epa.gov/ttn/naaqs/aqmguide/ 

collection/cp2/19761209_strelow_ract.pdf and 44 

FR 53762 (September 17, 1979) (Strelow Memo). 

See also Sierra Club v. EPA, 972 F.3d 290. 3Memo, dated December 9, 1976, from Roger 

Strelow, Assistant Administrator for Air and Waste 

Management, to Regional Administrators, 

‘‘Guidance for Determining Acceptability of SIP 

Regulations in Non-Attainment Areas,’’ p. 2, 

available at www3.epa.gov/ttn/naaqs/aqmguide/ 

collection/cp2/19761209_strelow_ract.pdf and 44 

FR53762 (/citation/44–FR–53762), footnote 2 

(September 17, 1979) (Strelow Memo). 

See also Sierra Club v. EPA, 972 F.3d 290. 

frequency of conducting heater washes, 

as well as SCR reactor maintenance, has 

increased, and that the limits in the 

proposed rulemaking ‘‘are at the very 

bounds of our NOX emissions control 

capability.’’ 

Response 1: EPA thanks the 

commenter for their largely supportive 

comment, and agrees that PADEP’s 

April 10, 2024, SIP revision 

incorporating the NOX limits from 

EPA’s FIP should be finally approved 

and incorporated in the Pennsylvania 

SIP to meet certain RACT requirements 

for these sources for the 1997 and 2008 

Ozone NAAQS. The commenter’s 

concerns regarding fouling of the air 

preheaters with ammonium bisulfate 

(ABS) under certain conditions and the 

need for increased maintenance to 

address this fouling are similar to those 

contained in the commenter’s July 11, 

2022, comments on EPA’s proposed FIP. 

EPA addressed those comments in the 

final rule adopting the FIP limits. See 87 

FR 53381, at 53390 and 53391, August 

31, 2022. However, the commenter now 

goes on to state that the current limits 

and other requirements provide ‘‘a 

manageable balance for maintaining an 

adequate (but small) margin of 

compliance.’’ EPA agrees that this 

balance is appropriate in light of the 

longstanding definition of RACT as ‘‘the 

lowest emission limitation that a 

particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic 

feasibility.’’ 2 Table 2, in this preamble 

are citations to the specific places in the 

final rule approving the FIP limit where 

EPA responded to similar concerns 

expressed by the commenter. 

TABLE 2—CITATIONS TO RELEVANT PORTIONS OF THE FIP 

Topic Citation in FIP FRN 

Concerns about Fouling ............................................................................................ 87 FR 53381 at 53390 second column. 

No specific setpoint is required, the 30-day average provides flexibility in meeting 

the limit.

87 FR 53381 at 53390 third column. 

The increase in ammonium bisuflate salt formation in colder temps ....................... 87 FR 53381 at 53395 second column. 

EPA used weighted averages and the third best to provide flexibility for start-up 

events.

87 FR 53381 at 53396 second column and third column. 

In addition to the above concerns, the 

commenter expresses concern that in 

the future, more restrictive limits might 

be placed on these units in order to 

meet RACT requirements for the 2015 

ozone NAAQS. Although Pennsylvania 

has adopted regulations setting RACT 

limits for certain major sources of VOCs 

and NOX (See 25 Pa. Code 129.111— 

129.115) for the 2015 ozone NAAQS, 

those regulations do not set NOX limits 

for coal-fired EGUs equipped with SCR. 

When PADEP develops case-by-case 

RACT limits for the commenter’s 

sources and submits them to EPA for 

approval as a SIP revision, there will be 

another opportunity for the commenter 

to share information on whether any 

new but lower NOX limits are 

technologically and economically 

feasible. 

Comment 2: The commenter states: 

I am writing to provide comments on the 

interim final determination to stay and defer 

sanctions related to the Reasonably Available 

Control Technology (RACT) requirements for 

the Keystone, Conemaugh, Homer City, and 

Montour generating facilities in Pennsylvania 

under the 1997 and 2008 Ozone National 

Ambient Air Quality Standards (NAAQS). 

While the intent of deferring sanctions might 

be to allow time for compliance, there are 

critical aspects that need to be carefully 

considered. It is essential that the control 

measures adopted for these facilities are strict 

and in line with the most current 

technologies and practices. The stay should 

not compromise the effectiveness of RACT in 

reducing emissions. Adequate and 

enforceable measures must be established to 

achieve the required air quality 

improvements and standards. There should 

be procedures and rules such facilities are 

monitored and held accountable for their 

actions to ensure that facilities are taking 

substantive steps toward compliance. There 

should be regular reports to ensure 

everything is going smoothly. 

Response 2: EPA agrees that it is 

essential that control measures adopted 

for these facilities be strict and in line 

with current technologies and practices, 

so long as those technologies and 

practices meet the definition of RACT. 

EPA’s longstanding definition of RACT 

is ‘‘the lowest emission limitation that 

a particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic 

feasibility.’’ 3 EPA also agrees that the 

RACT limits must be accompanied by 

enforceable measures, appropriate 

monitoring, recordkeeping, and 

reporting to ensure compliance. EPA 

believes that the requirements of its FIP, 

and this SIP revision adopting the same 

FIP requirements, achieve RACT levels 

of control and provide the necessary 

monitoring, recordkeeping, and 

reporting needed to ensure enforcement 

of the limits. EPA also notes that the 

RACT limits and other requirements for 

these sources have been enforceable 

since March 29, 2023, which was the 

initial compliance date for the limits set 

forth in the FIP issued by EPA on 

September 30, 2022. 87 FR 53381. 

Regarding the IFD, EPA notes that the 

IFD only stayed the application of the 

offset sanction and deferred the 

application of the highway funding 

sanctions. The IFD does not in any way 

impact the RACT requirements the 

facilities must meet in the FIP. 

IV. Final Action 

EPA is approving Pennsylvania’s 

April 10, 2024, SIP revision to the 

Pennsylvania SIP, with the exception of 

certain RACT limits for auxiliary 

boilers, as set forth in EPA’s NPRM. In 

addition, EPA is determining that 

Pennsylvania’s April 10, 2024, SIP 

revision addressed the deficiencies 

identified in EPA’s August 16, 2022 (87 

FR 50257) partial disapproval. 

Finalization of this approval 

permanently stops the offset sanctions 

which took effect on March 15, 2024, 

and prevents the imposition of 

highways sanctions which could have 

taken effect on September 15, 2024. 


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4 62 FR 27968 (May 22, 1997). 

V. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of source-specific RACT 

determinations and alternative NOX

emissions limits under the 1997 and 

2008 8-hour ozone NAAQS for certain 

major sources of NOX in Pennsylvania 

described in section II. of this preamble 

and as set for the below in the 

amendments to 40 CFR part 52. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rule of 

EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.4

VI. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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 Clean Air Act; 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The Pennsylvania Department of 

Environmental Protection did not 

evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 6, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action 

addressing the NOX RACT requirements 

for EGUs equipped with SCR at the 

Keystone, Conemaugh, Homer City and 

Montour facilities for the 1997 and 2008 

Ozone NAAQS may not be challenged 

later in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 


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Reporting and recordkeeping 

requirements. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. Amend § 52.2020: 

■ a. In the table in paragraph (d)(1) by 

■ i. Removing the entry for 

‘‘Pennsylvania Power and Light Co. 

(PP&L)—Montour’’ and inserting in its 

place the entry ‘‘Montour LLC/Montour 

SES’’; and 

■ ii. Removing the entry for 

‘‘Pennsylvania Electric Co. 

(PENELEC)—Keystone Generating 

Station’’ and inserting in its place the 

entry ‘‘Keystone Conemaugh Proj LLC/ 

Keystone Station’’; and 

■ b. In the table in paragraph (d)(3) by: 

■ i. Removing the entry for ‘‘Conemaugh 

Plant, Genon NE Management Co’’ 

Permit No. ‘‘Title V permit 32–00059’’ 

and inserting in its place the entry 

‘‘Keystone Conemaugh Proj LLC/ 

Conemaugh Station’’; and 

■ ii. Removing the entry for ‘‘Homer 

City Generation’’ Permit No. ‘‘Plan 

Approvals 32–00055H and 32–00055I’’ 

and inserting in its place the entry 

‘‘Homer City Gen LP/Center TWP’’. 

The revisions read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(d) * * * 

(1) * * * 

Name of source Permit No. County 

State 

effective 

date 

EPA approval date Additional explanations/§§ 52.2063 and 

52.2064 citations 1

*******

Keystone Conemaugh Proj 

LLC/Keystone Station.

32–00027 Armstrong ......... 3/14/2024 11/6/2024, [INSERT 

FIRST PAGE OF FR 

CITATION].

NOX RACT emission limits and associated compliance parameters in 

unredacted portions of the Title V 

permit provided to EPA on April 10, 

2024. Permit name updated in this 

table. See also 52.2064(m)(3). 

* * * * * * * 

Montour LLC/Montour SES 47–00001 Montour ............ 3/14/2024 11/6/2024, [INSERT 

FIRST PAGE OF FR 

CITATION].

NOX RACT emission limits and associated compliance parameters in 

unredacted portions of the Title V 

permit provided to EPA on April 10, 

2024. Permit name updated in this 

table. See also 52.2064(m)(4). 

* * * * * * * 

* * * * * (3) * * * 

Name of source Permit No. County 

State 

effective 

date 

EPA approval date Additional explanation/§ 52.2063 

citation 

*******

Keystone Conemaugh 

Proj LLC/Conemaugh 

Station.

Title V permit 32– 

00059.

Indiana ........... 3/14/2024 11/6/2024, [INSERT 

FIRST PAGE OF FR 

CITATION].

NOX RACT emission limits and associated compliance parameters 

in unredacted portions of the Title 

V permit provided to EPA on April 

10, 2024. Permit name updated in 

this table. See also 

52.2064(m)(1). 

* * * * * * * 

Homer City Gen LP/Center TWP.32–00055 .............. Indiana ........... 3/14/2024 11/6/2024, [INSERT 

FIRST PAGE OF FR 

CITATION].

NOX RACT emission limits and associated compliance parameters 

in unredacted portions of the Title 

V permit provided to EPA on April 

10, 2024. Permit name updated in 

this table. See also 

52.2064(m)(2). 

* * * * * * * 


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87960 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

1Federal ‘‘Good Neighbor Plan’’ for the 2015 

Ozone National Ambient Air Quality Standards, 88 

FR 36654 (June 5, 2023). 

* * * * * 

■ 3. Amend § 52.2064 by adding 

paragraph (m) to read as follows: 

§ 52.2064 EPA-approved Source-Specific 

Reasonably Available Control Technology 

(RACT) for Volatile Organic Compounds 

(VOC) and Oxides of Nitrogen (NOX). 

* * * * * 

(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. 

[FR Doc. 2024–25604 Filed 11–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 97 

[EPA–HQ–OAR–2021–0668; FRL–8670.4– 

03–OAR] 

RIN 2060–AW30 

Federal ‘‘Good Neighbor Plan’’ for the 

2015 Ozone National Ambient Air 

Quality Standards; Response to 

Judicial Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking interim final 

action to stay, for emissions sources in 

California, Illinois, Indiana, Maryland, 

Michigan, New Jersey, New York, Ohio, 

Pennsylvania, Virginia, and Wisconsin, 

the effectiveness of the requirements 

established to address the obligations of 

these and other states to mitigate 

interstate air pollution with respect to 

the 2015 national ambient air quality 

standards (NAAQS) for ozone (the Good 

Neighbor Plan). The EPA is also revising 

certain other regulations to ensure the 

continued implementation of previously 

established requirements to mitigate 

interstate air pollution with respect to 

other ozone NAAQS while the 

effectiveness of the Good Neighbor 

Plan’s requirements is stayed. The stay 

and the associated revisions to other 

regulations are being issued in response 

to a judicial order staying enforcement 

of the Good Neighbor Plan as to the stay 

applicants pending judicial review. 

DATES: This interim final rule is 

effective November 6, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2021–0668. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

David Lifland, Clean Air and Power 

Division, Office of Atmospheric 

Protection, Office of Air and Radiation, 

U.S. Environmental Protection Agency, 

Mail Code 6204A, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

telephone number: (202) 343–9151; 

email address: lifland.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General 

A. Potentially Affected Entities 

This action revises on an interim basis 

the Good Neighbor Plan (the Plan),1

which includes regulations addressing 

emissions from electricity generating 

units (EGUs) and non-EGU industrial 

sources. This action also revises other 

allowance trading program regulations 

that apply to EGUs but not to non-EGU 

sources. The affected sources are 

generally in the following industry 

groups: 

Industry group North American Industry 

Classification System (NAICS) code 

Fossil Fuel Electric Power Generation .................................................................................................... 221112 

Pipeline Transportation of Natural Gas ................................................................................................... 4862 

Cement and Concrete Product Manufacturing ........................................................................................ 3273 

Iron and Steel Mills and Ferroalloy Manufacturing ................................................................................. 3311 

Glass and Glass Product Manufacturing ................................................................................................. 3272 

Basic Chemical Manufacturing ................................................................................................................ 3251 

Petroleum and Coal Products Manufacturing ......................................................................................... 3241 

Pulp, Paper, and Paperboard Mills ......................................................................................................... 3221 

Metal Ore Mining ..................................................................................................................................... 2122 

Solid Waste Combustors and Incinerators .............................................................................................. 562213 

As promulgated, the Plan applied to 

emissions sources in 23 states. The 

effectiveness of the Plan’s requirements 

for sources in Alabama, Arkansas, 

Kentucky, Louisiana, Minnesota, 

Mississippi, Missouri, Nevada, 

Oklahoma, Texas, Utah, and West 

Virginia was stayed in previous actions. 

This action applies to sources in the 


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