19824 Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Proposed Rules 

Navigation (RNAV) route T–232 and 

VHF Omnidirectional Radar (VOR) 

Federal airway V–444 that overly the 

current route. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to revoke Colored 

Federal airway A–2 in the vicinity of 

Northway, AK due to the 

decommissioning of AES. A–2 currently 

navigates between YXQ and DJN. The 

FAA proposes to revoke the route in its 

entirety. 

Colored Federal airways are 

published in paragraph 6009(c) of FAA 

Order JO 7400.11F dated August 10, 

2021 and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Colored Federal airway 

listed in this document would be 

published subsequently in FAA Order 

JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6009(c) Colored Federal 

Airways. 

* * * * * 

A–2 [Remove] 

* * * * * 

Issued in Washington, DC, on April 1, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–07204 Filed 4–5–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0284; FRL–9698–01– 

R3] 

Approval and Promulgation of Air 

Quality Plans; Pennsylvania; 

Reasonably Available Control 

Technology (RACT) Determinations for 

Hydro Carbide Tool Company’s Caseby-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 a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. This revision was 

submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP) to establish and require 

reasonably available control technology 

(RACT) for Hydro Carbide Tool 

Company (Hydro Carbide), a major 

source of volatile organic compounds 

(VOC), pursuant to the Commonwealth 

of Pennsylvania’s conditionally 

approved RACT regulations. In this 

rulemaking action, EPA is proposing to 

approve source-specific (also referred to 

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

submitted by PADEP for VOC sources at 

Hydro Carbide. This RACT evaluation 

was 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 May 6, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2022–0284 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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Riley Burger, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2217. 

Mr. Burger can also be reached via 

electronic mail at burger.riley@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 7, 

2020, PADEP submitted a revision to its 

SIP to address case-by-case nitrogen 

oxides (NOX) and/or VOC RACT for 

sources at numerous major NOX and 

VOC emitting facilities located in the 

Commonwealth, including Hydro 


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1Within the material submitted by PADEP, this 

company is sometimes referred to as Hydro Carbide 

Inc. 

2A ‘‘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. 

3See 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). 

4On 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, 882 F.3d 1138 (D.C. Cir. 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. The 

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

unreasonable. 

Carbide 1, which is located in 

Westmoreland County. This SIP 

revision is intended to address the 

facility’s VOC RACT requirements 

under sections 182 and 184 of the CAA 

for the 1997 and 2008 8-hour ozone 

NAAQS. 

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–2022–0284. 

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.2

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 

potential to emit (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.3

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, 2015.4 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 


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5 EPA’s NOX RACT guidance ‘‘Nitrogen Oxides 

Supplement to the General Preamble’’ (57 FR 

55620; 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 https://

www.epa.gov/sites/production/files/2015-07/ 

documents/eipfin.pdf. In addition, as mentioned 

previously, the D.C. Cir. Court upheld the use of 

NOX averaging to meet RACT requirements for 2008 

8-hour ozone NAAQS. South Coast Air Quality 

Mgmt. Dist. v. EPA, 882 F. 3d (D.C. Cir. 2018). 

6The 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. 

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.5 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 

and 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 (80 FR 12264, 

March 6, 2015 (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 antibacksliding 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 

based on the area’s current 

classification(s). In the case of 

Pennsylvania, sources located outside of 

moderate or above ozone 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.6

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 for 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, 


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7EPA’s conditional approval of PADEP’s May 16, 

2016 SIP revision covered relevant sources located 

in both Philadelphia and Allegheny County, 

Pennsylvania. 

8These requirements were initially approved as 

RACT for Pennsylvania under the 1979 1-hour 

ozone NAAQS. The RACT I Rule was approved by 

EPA into the SIP on March 23, 1998. 63 FR 13789. 

9On August 27, 2020, the Third Circuit Court of 

Appeals issued a decision vacating EPA’s approval 

of three provisions of Pennsylvania’s presumptive 

RACT II rule applicable to certain coal-fired power 

plants. Sierra Club v. EPA, 972 F, 3d 290 (3d Cir. 

2020). None of the sources in this proposed 

rulemaking are subject to the three presumptive 

RACT II provisions at issue in that Sierra Club 

decision. 

10The RACT II permit is a redacted version of the 

facility’s Federally enforceable permits and reflect 

the specific RACT requirements being approved 

into the Pennsylvania SIP. 11While the prior SIP-approved RACT I permit 

will remain part of the SIP, this RACT II rule will 

incorporate by reference the RACT II requirements 

through the RACT II permit and clarify the ongoing 

applicability of specific conditions in the RACT I 

permit. 

except ethylene production plants, 

surface active agents manufacturing, 

and mobile equipment repair and 

refinishing.7

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 for both 

the 1997 and 2008 8-hour ozone 

NAAQS in Pennsylvania. PADEP’s May 

16, 2016 SIP revision intended to 

address certain outstanding 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 major sources of VOC 

and NOX. The requirements of the 

RACT I rule remain in effect and 

continue to be implemented as RACT.8

On September 26, 2017, PADEP 

submitted a supplemental SIP revision 

which committed to address various 

deficiencies identified by EPA in 

PADEP’s 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.9 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. On May 7, 2020, PADEP 

submitted to EPA, a SIP revision 

pertaining to Pennsylvania’s case-bycase VOC RACT determinations for 

sources located at Hydro Carbide, a 

major VOC emitting facility located in 

the Commonwealth. PADEP provided 

documentation in its SIP revision to 

support its case-by-case RACT 

determinations for affected emission 

units subject to 25 Pa. Code 129.99 at 

Hydro Carbide. The facility was 

previously subject to RACT I under the 

1979 1-hour ozone standard. 

In the Pennsylvania RACT SIP 

revision, PADEP included case-by-case 

RACT determinations for the existing 

emissions units at Hydro Carbide that 

required a source specific VOC 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 facility’s 

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. 

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 facility. 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 permit submitted by PADEP for Hydro 

Carbide is permit number 65–00860, 

effective November 15, 2019, and is part 

of the docket for this rulemaking, which 

is available online at https://

www.regulations.gov, Docket No. EPA– 

R03–OAR–2022–0284.10 EPA is 

proposing to incorporate by reference in 

the Pennsylvania SIP, via the RACT II 

permit, source-specific RACT 

determinations under the 1997 and 2008 

8-hour ozone NAAQS for certain VOC 

sources at Hydro Carbide.11

III. EPA’s Evaluation of SIP Revisions 

After thorough review and evaluation 

of the information provided by PADEP 

for Hydro Carbide included in its SIP 

revision submittal, EPA finds that 

PADEP’s 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 sourcespecific RACT controls for the sources 

subject to this rulemaking action 

adequately meet the CAA RACT 

requirements for the 1997 and 2008 8- 


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19828 Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Proposed Rules 

hour ozone NAAQS for the subject 

sources of 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 revision for 

Hydro Carbide 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–2022–0284. 

IV. Proposed Action 

Based on EPA’s review, EPA is 

proposing to approve the Pennsylvania 

SIP revision for case-by-case RACT 

determinations for individual sources at 

Hydro Carbide and incorporate by 

reference in the Pennsylvania SIP, via 

the RACT II permit, source specific 

RACT determinations under the 1997 

and 2008 8-hour ozone NAAQS for 

those sources. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

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 permit as described in 

Sections II and III–Summary of SIP 

Revisions and EPA’s Evaluation of SIP 

Revisions in this document. 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); 

• 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 the NOX and 

VOC RACT case-by-case requirements 

for individual sources at Hydro Carbide 

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 

Pennsylvania, 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: March 29, 2022. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2022–07219 Filed 4–5–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0196; FRL–9701–01– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Removal of Stage II 

Gasoline Vapor Recovery Program 

Requirements and Revision of Stage I 

Gasoline Vapor Recovery Program 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) 

revision, made in two separate 

submittals, by the State of Delaware. 

This revision removes requirements for 

gasoline vapor recovery systems 

installed on gasoline dispensers, the 

purpose of which are to capture 

emissions from vehicle refueling 

operations, otherwise known as Stage II 

vapor recovery. This revision also 

strengthens Delaware’s requirements for 

gasoline vapor recovery systems that 

capture emissions from storage tank 

refueling operations, otherwise known 

as Stage I vapor recovery. Specifically, 

this action would remove from the 

approved SIP prior-approved Stage II 

requirements applicable to new and 

existing gasoline dispensing facilities 

(GDFs). New and existing GDF’s will be 

required to decommission their Stage II 

vapor recovery systems (VRS) and to 

install, maintain, and periodically test 

Stage I enhanced vapor recovery 

systems (EVRS). Delaware’s SIP revision 

establishes a compliance schedule for 

these changes and includes a 

demonstration that removal of Stage II 

requirements is consistent with the 

Clean Air Act (CAA) and meets all 

relevant EPA guidance. 

DATES: Written comments must be 

received on or before May 6, 2022. 


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