[Federal Register: August 4, 2010 (Volume 75, Number 149)]
[Rules and Regulations]
[Page 46845-46847]
[DOCID:fr04au10-6]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0503; FRL-9183-6]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
South Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
oxides of nitrogen (NOX) emissions from natural gas-fired,
fan-type central furnaces and other miscellaneous NOX
sources. We are approving local rules that regulate these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on October 4, 2010 without further
notice, unless EPA receives adverse comments by September 3, 2010. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-0503, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Idalia Perez, EPA Region IX, (415)
972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.              Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD............................            1111  Reduction of NOX Emissions          11/06/09        05/17/10
                                                     from Natural Gas-Fired, Fan-
                                                     Type Central Furnaces.
SCAQMD............................            1147  NOX Reductions from                 12/05/08        05/17/10
                                                     Miscellaneous Sources.
----------------------------------------------------------------------------------------------------------------

    On June 8, 2010, EPA determined that the submittal for SCAQMD Rules
1111 and 1147 met the completeness criteria in 40 CFR part 51, appendix
V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of Rule 1147 in the SIP, nor are
there earlier versions of this Rule adopted. We approved an earlier
version of Rule 1111 into the SIP on May 3, 1984 (49 FR 18830).

C. What is the purpose of the submitted rules?

    NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. Rule 1111 limits NOX
emissions from natural gas-fired, fan-type central heating furnaces
with a rated heat input capacity less than 175,000 Btu/hour used in
residences and small commercial buildings and combination heating and
cooling units with a cooling rate less than 65,000 Btu/hour. Rule 1147
limits NOX from a variety of gas and liquid fired combustion
equipment that require a District permit and are not specifically
required to comply with a NOX emission limit by other
District Regulation XI rules. EPA's technical support documents (TSDs)
have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and 182(f)), and must not relax existing
requirements (see sections 110(l) and 193). The SCAQMD regulates an
ozone nonattainment area (see 40 CFR part 81), but Rule 1147 and Rule
1111 are not subject to RACT because they are applicable to sources
that are too small to exceed the major source threshold.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters'', CARB, July 18, 1991.
    5. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'',
U.S. EPA 453/R-94-022, March 1994.
    6. ``Alternative Control Techniques Document--NOX
Emissions from Utility Boilers'', U.S. EPA, 452/R-93-008, March 1994.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSD for Rule 1147 describes additional rule revisions that we
recommend for the next time the local agency modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by September 3, 2010, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on October 4, 2010. This will incorporate these
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of these rules and if that provision may be
severed from the remainder of the rules, EPA may adopt as final those
provisions of the rules that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, these rules do 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.
    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. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 4, 2010. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

    Dated: July 6, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(379)
(i)(A)(3)and(4) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (379) * * *
    (i) * * *
    (A) * * *
    (3) Rule 1111, ``Reduction of NOX Emissions from Natural
Gas-Fired, Fan-Type Central Furnaces,'' amended on November 6, 2009.
    (4) Rule 1147, ``NOX Reductions from Miscellaneous
Sources,'' adopted on December 5, 2008.
* * * * *
[FR Doc. 2010-19057 Filed 8-3-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3437-3446]
[FR Doc No: 2021-27231]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0380; FRL-9288-02-R3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Reasonably Available Control Technology Determinations
for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
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 24 major volatile organic compound (VOC) and/or nitrogen oxide
(NOX) emitting facilities pursuant to the Commonwealth of
Pennsylvania's conditionally approved RACT regulations. In this rule
action, EPA is approving source-specific (also referred to as case-by-
case or CbC) RACT determinations or alternative NOX
emissions limits for sources at 24 major NOX and VOC
emitting facilities within the Commonwealth submitted by PADEP. These
RACT evaluations were submitted to meet RACT requirements for the 1997
and 2008 8-hour ozone national ambient air quality standards (NAAQS).
EPA is approving these revisions to the Pennsylvania SIP in accordance
with the requirements of the Clean Air Act (CAA) and EPA's implementing
regulations.

DATES: This final rule is effective on February 23, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0380. 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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

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<PHONE_NUMBER>. Mr. Burger can also be reached
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 2, 2021, EPA published a notice of proposed rulemaking
(NPRM). 86 FR 41426. In the NPRM, EPA proposed approval of case-by-case
RACT determinations or alternative NOX emissions limits for
sources at 24 facilities, as EPA found that the RACT controls for these
sources met the CAA RACT requirements for the 1997 and 2008 8-hour
ozone NAAQS. These case-by-case RACT determinations or alternative
NOX emissions limits for sources at these facilities were
included in PADEP's May 7, 2020 SIP submission on. As indicated in the
NPRM, EPA views each facility as a separable SIP revision.
    Under certain circumstances, states are required to submit SIP
revisions to address RACT requirements for both major sources of
NOX and VOC and any source covered by control technique
guidelines (CTG), for each ozone NAAQS. 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 Pennsylvania, sources located
in any ozone nonattainment areas outside of moderate or above are
subject to source thresholds of 50 tons per year (tpy) because of the
Ozone Transport Region (OTR) requirements in CAA section 184(b)(2).
    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 non-CTG
VOC RACT, VOC CTG RACT, and major source VOC and NOX RACT
requirements for both standards. The SIP revision requested approval of
Pennsylvania's 25 Pa. Code 129.96-100, Additional RACT Requirements for
Major Sources of NOX and VOCs (the ``presumptive'' RACT II rule). Prior
to the adoption of the RACT II rule, Pennsylvania relied on the
NOX and VOC control measures in 25 Pa. Code 129.92-95,
Stationary Sources of NOX and VOCs, (the RACT I rule) to meet RACT for
non-CTG major VOC sources and major NOX sources. The requirements of
the RACT I rule remain as previously approved in Pennsylvania's SIP and
continue to be implemented as RACT.\1\ On September 26, 2017, PADEP
submitted a letter, dated September 22, 2017, which committed to
address various deficiencies identified by EPA in PADEP's May 16, 2016
``presumptive'' RACT II rule SIP revision.
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    \1\ The RACT I Rule was approved by EPA into the Pennsylvania
SIP on March 23, 1998. 63 FR 13789. Through this RACT II rule,
certain source-specific RACT I requirements will be superseded by
more stringent requirements. See Section II of the preamble to this
final rule.
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    On May 9, 2019, EPA conditionally approved the RACT II rule based
on the commitments PADEP made in its September 22, 2017 letter.\2\ 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 NOX emissions
averaging plans 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 (i.e., by May 9, 2020). 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 alternative NOX emissions limits. This
rule is based on EPA's review of one of these SIP revisions.
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    \2\ On 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 final rule are subject to the
presumptive RACT II provisions at issue in that Sierra Club
decision.
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II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    To satisfy a requirement from EPA's May 9, 2019 conditional
approval, PADEP submitted to EPA SIP revisions addressing alternative
NOX emissions limits and/or case-by-case RACT

requirements for major sources in Pennsylvania subject to 25 Pa. Code
129.98 or 129.99. Among the Pennsylvania RACT SIP revisions submitted
by PADEP were case-by-case RACT determinations and alternative
NOX emissions limits for the existing emissions units at
each of the major sources of NOX and/or VOC that required a
source-specific RACT determination or alternative NOX
emissions limits for major sources seeking such limits.
    In PADEP's case-by-case RACT determinations, an evaluation was
completed to determine if previously SIP-approved, case-by-case RACT
emissions limits or operational controls (herein referred to as RACT I
and contained in RACT I permits) were more stringent than the new RACT
II presumptive or case-by-case requirements. If more stringent, the
RACT I requirements will continue to apply to the applicable source. If
the new case-by-case RACT II requirements are more stringent than the
RACT I requirements, then the RACT II requirements will supersede the
prior RACT I requirements.\3\
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    \3\ While 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.
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    In PADEP's RACT determinations involving NOX averaging,
an evaluation was completed to determine whether the aggregate
NOX emissions emitted by the air contamination sources
included in the facility-wide or system-wide NOX emissions
averaging plan using a 30-day rolling average are greater than the
NOX emissions that would be emitted by the group of included
sources if each source complied with the applicable presumptive
limitation in 25 Pa. Code 129.97 on a source-specific basis.
    Here, EPA is approving SIP revisions pertaining to case-by-case
RACT requirements and/or alternative NOX emissions limits
for sources at 24 major NOX and/or VOC emitting facilities
in Pennsylvania, as summarized in Table 1 in this document.

Table 1--Twenty-Four Major NOX and/or VOC Sources in Pennsylvania Subject to Case-by-Case Ract II Determinations
                                   Under the 1997 and 2008 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                          1-Hour ozone RACT      Major source pollutant       RACT II permit
        Major source (county)              source? (RACT I)         (NOX and/or VOC)         (effective date)
----------------------------------------------------------------------------------------------------------------
Anvil International, LLC (formerly     Yes....................  VOC....................  36-05019
 Grinnell Corporation) (Lancaster).                                                      (2/1/2019).
ArcelorMittal Plate LLC Conshohocken   Yes....................  NOX and VOC............  46-00011
 Plant (formerly Bethlehem Lukens                                                        (1/26/2018).
 Plate) (Montgomery).
Braskem America Inc. Marcus Hook       Yes....................  VOC....................  23-00012
 (formerly Epsilon Products Co.--                                                        (3/2/2020).
 Marcus Hook) (Delaware).
Buck Co Inc. Quarryville (formerly     Yes....................  VOC....................  36-05053
 Buck Company Inc) (Lancaster).                                                          (4/1/2020).
Calumet Karns City Refining LLC        Yes....................  VOC....................  10-027H
 (formerly Penreco--Karns City)                                                          (11/29/2018).
 (Butler).
Clarion Bathware Marble (Clarion)....  No.....................  VOC....................  16-00133
                                                                                (12/19/2020).
Domtar Paper Company Johnsonburg Mill  Yes....................  NOX and VOC............  24-00009
 (formerly Willamette Industries,                                                        (2/25/2020).
 Johnsonburgh Mill) (Elk).
Exelon Generation Company LLC Croydon  Yes....................  NOX....................  09-00016
 Generating Station (formerly PECO                                                       (4/11/2018).
 Energy Co.--Croydon Generating
 Station) (Bucks).
Georgia-Pacific Panel Products LLC     Yes....................  NOX and VOC............  42-158R
 Mt. Jewell MDF Plant (McKean).                                                          (1/2/2019).
GE Transportation Grove City Engine    Yes....................  NOX and VOC............  43-00196
 (formerly GE Transportation Systems)                                                    (11/7/2019).
 (Mercer).
GrafTech USA LLC St Marys (formerly    Yes....................  VOC....................  24-00012
 The Carbide/Graphite Group, Inc)                                                        (5/1/2019).
 (Elk).
Haysite Reinforced Plastics LLC Erie   No.....................  VOC....................  25-00783
 (Erie).                                                                                (7/24/2019).
INMETCO Ellwood City (formerly The     Yes....................  NOX and VOC............  37-00243
 International Metals Reclamation Co)                                                    (12/6/2019).
 (Lawrence).
International Waxes Inc Farmers        Yes....................  NOX and VOC............  42-00011
 Valley (formerly Petrowax Refining)                                                     (2/21/2020).
 (McKean).
Jeld Wen Fiber Division PA (Bradford)  Yes....................  NOX and VOC............  08-00003
                                                                                (9/21/2018).
Mars Wrigley Confectionery US LLC      Yes....................  VOC....................  36-05142
 Elizabethtown (Lancaster).                                                              (7/18/2019).

Molded Fiber Glass Company Union City  Yes....................  VOC....................  25-00035
 (formerly Molded Fiber Glass) (Erie).                                                   (2/5/2020).
Monroe Energy LLC Trainer (formerly    Yes....................  NOX and VOC............  23-00003
 Conoco Phillips Company) (Delaware).                                                    (6/5/2017).
Nova Chemicals Company Beaver          Yes....................  VOC....................  04-00033
 (formerly Nova Chemicals, Inc.)                                                         (4/2/2020).
 (Beaver).
Sasol Chemicals USA LLC (formerly      Yes....................  VOC....................  61-00011
 Merisol Antioxidants LLC) (Venango).                                                    (2/16/2020).
Silberline Manufacturing Company       Yes....................  VOC....................  54-00041
 Lincoln Drive Plant (formerly                                                           (3/16/2020).
 Silberline Manufacturing Co)
 (Schuylkill).
Superior Tube Company Lower            Yes....................  VOC....................  46-00020
 Providence (formerly Superior Tube                                                      (2/5/2020).
 Company) (Montgomery).
Victaulic Company Alburtis Facility    Unknown *..............  VOC....................  39-00069
 (Lehigh).                                                                               (10/24/2017).
Victaulic Forks Facility               Unknown **.............  VOC....................  48-0009
 (Northampton).                                                                          (10/24/2017).
----------------------------------------------------------------------------------------------------------------
* PADEP records indicate that Victaulic Company Alburtis Facility may have been subject to RACT I requirements
  because PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
  requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
  files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
  Pennsylvania SIP for Victaulic Alburtis. See PADEP comment and response document dated January 2020.
** PADEP records indicate that Victaulic Forks Facility may have been subject to RACT I requirements because
  PADEP technical review memos and operating permits issued to the facility in the past reference RACT I
  requirements. However, in reviewing the facility's files, PADEP could not produce a RACT I permit nor any
  files specific to the issuance of RACT I. Furthermore, RACT I requirements were never incorporated into the
  Pennsylvania SIP for Victaulic Forks. See PADEP comment and response document dated January 2020.

    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 emissions limit or control measures
satisfy RACT for that particular unit. The adoption of new, additional,
or revised emissions limits or control measures to existing SIP-
approved RACT I requirements were specified as requirements in new or
revised federally enforceable permits (hereafter RACT II permits)
issued by PADEP to the source. Similarly, PADEP's determinations of
alternative NOX emissions limits are included in RACT II
permits. These RACT II permits have been submitted as part of the
Pennsylvania RACT SIP revisions for EPA's approval in the Pennsylvania
SIP under 40 CFR 52.2020(d)(1). The RACT II permits submitted by PADEP
are listed in the last column of Table 1 of this preamble, along with
the permit effective date, and are part of the docket for this rule,
which is available online at https://www.regulations.gov, Docket No.
EPA-R03-OAR-2021-0380.\4\ EPA is incorporating by reference in the
Pennsylvania SIP, via the RACT II permits, source-specific RACT
emissions limits and control measures and/or alternative NOX
emissions limits under the 1997 and 2008 8-hour ozone NAAQS for certain
major sources of NOX and VOC emissions.
---------------------------------------------------------------------------

    \4\ The RACT II permits included in the docket for this rule are
redacted versions of the facilities' federally enforceable permits.
They reflect the specific RACT requirements being approved into the
Pennsylvania SIP via this final action.
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B. EPA's Final Action

    PADEP's SIP revisions incorporate its determinations of source-
specific RACT II controls for individual emission units at major
sources of NOX and/or VOC in Pennsylvania, where those units
are not covered by or cannot meet Pennsylvania's presumptive RACT
regulation or where included in a NOX emissions averaging
plan. After thorough review and evaluation of the information provided
by PADEP in its SIP revision submittals for sources at 24 major
NOX and/or VOC emitting facilities in Pennsylvania, EPA
found that: (1) PADEP's case-by-case RACT determinations and
conclusions establish limits and/or controls on individual sources that
are reasonable and appropriately considered technically and
economically feasible controls; (2) PADEP's determinations on
alternative NOX emissions limits demonstrate that emissions
under the averaging plan are equivalent to emissions if the individual
sources were operating in accordance with the applicable presumptive
limit; and (3) PADEP's determinations are consistent with the CAA, EPA
regulations, and applicable EPA guidance.
    PADEP, in its RACT II determinations, considered the prior source-
specific RACT I requirements and, where more stringent, retained those
RACT I requirements as part of its new RACT determinations. In the
NPRM, EPA proposed to find that all the proposed revisions to
previously SIP-approved RACT I requirements would result in equivalent
or additional reductions of NOX and/or VOC emissions. The
proposed revisions should not interfere with any applicable
requirements concerning attainment of the NAAQS, reasonable further
progress, or other applicable requirements under section 110(l) of the
CAA.

    Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations and alternative NOX
emissions limits and the rationale for EPA's proposed action are
explained more thoroughly in the NPRM, and its associated technical
support document (TSD), and will not be restated here.

III. Public Comments and EPA Responses

    EPA received comments from three commenters on the August 2, 2021
NPRM. 86 FR 41426. A summary of the comments and EPA's responses are
discussed in this section. A copy of the comments can be found in the
docket for this rule action.
    Comment 1: One commenter notes that where PADEP proposed annual
limits as RACT, EPA has proposed approval of these limits as SIP
strengthening measures rather than RACT provisions. The commenter
asserts that if EPA cannot approve the provisions as RACT due to EPA's
policy of not approving limits with averaging times longer than 30
days, the annual limit determinations must be disapproved and remitted
back to the state or EPA must explain how this long-term limit is
acceptable.
    Response 1: While the commenter does not specify a particular EPA
policy, EPA agrees that its existing guidance does highlight the need
for emission controls that are reasonably consistent with protecting a
short-term NAAQS such as ozone. In those cases where an emission limit
for a RACT control can be quantified, EPA guidance states that
averaging periods for such limits should be as short as practicable and
in no case longer than 30 days.\5\
---------------------------------------------------------------------------

    \5\ See the January 20, 1984 EPA guidance memorandum titled
``Averaging Times for Compliance with VOC Emission Limits--SIP
Revision Policy.''
---------------------------------------------------------------------------

    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. The establishment
of case-by-case RACT requirements to reduce VOC and/or NOX
emissions considers not only numeric emission limits, but also design
and equipment specifications, operational and throughput constraints
and work practice standards.
    In the SIP revisions in this final rule action, PADEP has followed
its SIP-approved RACT process and evaluated the technical and economic
feasibility of control strategies for various sources that required
source-specific RACT requirements. While the commenter has not
identified any specific objectionable source or annual limit, PADEP's
CbC determinations for sources at the 24 facilities at issue in this
rule run the gamut of short-term emission limits, operational and
throughput constraints, and work practice standards. Sometimes, the CbC
determination is the retention of the prior RACT requirements. The CbC
determinations also impose monitoring and recordkeeping requirements to
ensure enforceability. In addition to these source-specific RACT
requirements, PADEP has, for certain sources, added an annual limit to
its CbC determination. These annual limits derive from either existing
permit limits previously established under another regulatory authority
or operating conditions utilized in conducting the economic feasibility
portion of the RACT analysis. The annual limits help to ensure that the
SIP requires the conditions under which PADEP analyzed RACT
feasibility. PADEP included those annual limits in its SIP submittal to
us, and EPA is incorporating those annual emission limits into the SIP
not as RACT control limits but for the purpose of SIP strengthening.\6\
---------------------------------------------------------------------------

    \6\ See also EPA's October 16, 2020 approval of other PADEP CbC
SIP revisions for a discussion of SIP strengthening provisions. 85
FR 65706, 65709.
---------------------------------------------------------------------------

    Courts have recognized EPA's ability to approve such SIP
strengthening measures. In Ass'n of Irritated Residents v. EPA, the
court noted that the CAA generally provides states with the
responsibility to meet air quality standards and to adopt emission
limits, No. 19-71223 (9th Cir. August 26, 2021). See also 42 U.S.C.
7407(a), 7416. The court also reasoned that the CAA does not prohibit a
state from establishing an emission limit so long as it is not less
stringent than limits already in the SIP and is enforceable. Id.
section 7416. The annual emissions limits established by PADEP here
meet both criteria. As described above, the annual limits are an
additional requirement imposed by PADEP to supplement its CbC RACT
determinations. They are not less stringent and are enforceable. For
these reasons, we consider the annual limits to be separate from RACT
and will approve them into the SIP as strengthening measures.
    Comment 2: The commenter claims that EPA is required to disapprove
the RACT permit limits for ArcelorMittal Plate LLC's Conshohocken Plant
(ArcelorMittal Conshohocken) because ``the emission limits are not
sufficient enough to meet RACT requirements.'' The commenter lists the
following sources as having only ton per year limits or limits
calculated on a rolling 12-month average or sum: Drever Furnace, Quench
Furnace, Rose Annealing Furnace, Slab Heating Furnaces 1 and 2, and
Temper Furnace. The commenter cites several documents, including EPA's
own rulemaking actions and guidance documents, that point to a 30-day
averaging time for NOX RACT being appropriate for a short-
term NAAQS such as the 8-hour ozone NAAQS as support for disapproving
the annual limits and the 12-month averaging periods in the
ArcelorMittal Conshohocken RACT II permit.
    In a second, yet related comment, the same commenter further claims
that EPA cannot approve the 12-month averaging emission limits for
sources at ArcelorMittal Conshohocken as ``SIP strengthening''
measures. The commenter notes that in EPA's technical support document,
it has identified these 12-month averaging limits as PADEP RACT limits
and claims that EPA cannot now avoid disapproving these allegedly
inadequate annual limits by calling them SIP strengthening measures.
Additionally, the commenter claims that ``it is possible to place
shorter term limits, such as 30-day rolling averages'' on the sources
at ArcelorMittal Conshohocken.
    Response 2: The two comments received regarding EPA's proposed
approval of the annual limits in PADEP's SIP revision for sources at
ArcelorMittal Conshohocken's facility specifically refer to the annual
NOX emission limits included by PADEP in its CbC
determinations for the five sources listed in the above comment that
EPA is now approving and incorporating into the Pennsylvania SIP as
``SIP strengthening'' measures. For context, the NOX
emission limits being incorporated as SIP strengthening measures for
four of the five sources (Quench Furnace, Rose Annealing Furnace, Slab
Heating Furnaces 1 and 2, and Temper Furnace) are existing
NOX emission limits, which were previously incorporated into
the Pennsylvania SIP for this facility. The annual NOX
emission limit being incorporated with this rule action as a SIP
strengthening measure for the fifth source, the Drever Furnace, is an
existing permit limitation, which is not currently incorporated into
the Pennsylvania SIP.
    As required under its SIP-approved RACT CbC process, PADEP
conducted technical and, if applicable, economic feasibility analyses
for all five sources at

ArcelorMittal Conshohocken pursuant to 25 Pa. Code 129.99, which in
turn references the process outlined in 25 Pa. Code 129.92. In all five
instances, no new controls were determined to be technically or
economically feasible for the sources. For all five sources, the RACT
II determinations EPA is approving include a fuel limitation (in
thousand cubic feet per hour (Mcf/hr) calculated as a 12-month rolling
sum); monthly fuel recordkeeping requirements; monthly and 12-month
rolling sum NOX emissions calculations (using a designated
emission factor in lb/Mcf fuel used); and a requirement to maintain and
operate the source in accordance with manufacturer's specifications and
in accordance with good air pollution practices. In addition, PADEP
also seeks to include in the SIP annual NOX emission
limits.\7\
---------------------------------------------------------------------------

    \7\ See PADEP Technical Review Memos, dated October 27, 2016 and
August 8, 2017 [revised January 18, 2018].
---------------------------------------------------------------------------

    As discussed more fully in response to Comment 1, above of this
preamble, states may propose additional emission limits to be included
within its SIP, and EPA may approve such limits for a SIP so long as
they are no less stringent. EPA views these as SIP strengthening
measures. They help to ensure that the SIP requires the conditions
under which PADEP analyzed RACT feasibility. The annual limits PADEP
included for the five sources at ArcelorMittal Conshohocken derive from
existing permit limits. Because these limits are being approved as SIP
strengthening measures, rather than RACT limits, the rulemaking actions
and guidance documents that commenter points to are irrelevant here.
    The commenter also makes a generalized claim that it is possible to
limit the subject sources to a term shorter than 12-month averages.
While the commenter's claim that it is possible to have shorter term
limits may be correct, a shorter-term limit is not required. PADEP
chose to utilize existing annual limits established under another
regulatory authority to add further limits to its RACT determinations.
As discussed above, the RACT II determinations for the sources at the
facility include fuel limitations, monthly recordkeeping requirements,
and a requirement to maintain and operate in accordance with
manufacturer's specifications.
    PADEP included those annual limits in its SIP submittal to us, and
EPA is incorporating those annual emission limits into the SIP not as
RACT control limits but for the purpose of SIP strengthening. As
described above, the annual limits are an additional requirement
imposed by PADEP to supplement its CbC RACT determinations. They are
not less stringent and are enforceable. For these reasons, we consider
the annual limits to be separate from RACT and will approve them into
the SIP as strengthening measures.
    Comment 3: One commenter requested disapproval of the Exelon
Generation Company, LLC Croydon Generating Station RACT determination.
The commenter asserts that water injection and selective catalytic
reduction (SCR) for the sources at this facility should have been found
economically feasible and should have been considered when evaluating
PADEP's RACT submittal. Further, commenter supports this argument by
noting that the neighboring states of New Jersey, New York, and
Maryland have determined these controls feasible at similar cost
effectiveness values.
    Response 3: For sources at this facility, water injection and SCR
were found to have, respectively, NOX removal costs of
$5,696 and $4,423 per ton of NOX controlled. PADEP utilizes
a cost effectiveness threshold of $3,500 per ton of NOX
controlled. Therefore, PADEP determined that neither technology was
cost effective and, therefore, both were eliminated in the analysis as
economically feasible controls.
    While other states may consider the cost effectiveness values for
these identified controls reasonable, each state has discretion to
determine what costs are considered reasonable when establishing RACT
for sources located within their jurisdictions and must make and defend
their determination on how to weigh these values in establishing RACT.
In its RACT II rule development, Pennsylvania also reviewed examples of
benchmarks used by other states: Wisconsin, $2,500 per ton
NOX; Illinois, $2,500-$3,000 per ton NOX;
Maryland, $3,500-$5,000 per ton NOX; Ohio, $5,000 per ton
NOX; and New York, $5,000-$5,500 per ton NOX.\8\
---------------------------------------------------------------------------

    \8\ PADEP Responses to Frequently Asked Questions, Final
Rulemaking RACT Requirements for Major Sources of NOX and
VOCs. October 20, 2016.
---------------------------------------------------------------------------

    In its conditional approval of Pennsylvania's overall RACT II
program, EPA found that PADEP's cost effectiveness thresholds are
reasonable and reflect control levels achieved by the application and
consideration of available control technologies, after considering both
the economic and technological circumstances of Pennsylvania's own
sources. See 84 FR 20274, 20286 (May 9, 2019).\9\ For these reasons EPA
is finalizing the RACT determinations for the Exelon Generation
Company, LLC Croydon Generating Station.
---------------------------------------------------------------------------

    \9\ See also EPA's October 16, 2020 approval of other PADEP CbC
SIP revisions for a discussion of PADEP's cost effectiveness
thresholds. 85 FR 65706, 65711.
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving case-by-case RACT determinations and/or
alternative NOX emissions limits for 24 sources in
Pennsylvania, as required to meet obligations pursuant to the 1997 and
2008 8-hour ozone NAAQS, as revisions to the Pennsylvania SIP.

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 VOC and NOX in Pennsylvania. 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). 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.\10\
---------------------------------------------------------------------------

    \10\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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);
     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 rule 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.

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 non-agency 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 March 25, 2022. 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 approving Pennsylvania's NOX and VOC
RACT requirements for 24 facilities for the 1997 and 2008 8-hour 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, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons set out in the preamble, 40 CFR part 52 is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (d)(1) is amended by:
0
a. Revising the entries ``Superior Tube Company''; ``PECO Energy Co.--
Croydon Generating Station''; ``Epsilon Products Co.--Marcus Hook'';
``Silberline Manufacturing Co''; ``Nova Chemicals, Inc. (formerly Arco
Chemical Co.--Beaver Valley)''; ``Penreco--Karns City''; ``Bethlehem
Lukens Plate''; ``GE Transportation Systems''; ``Grinnell
Corporation''; ``Buck Company Inc''; ``Petrowax Refining''; ``Molded
Fiber Glass''; ``The International Metals Reclamation Co''; ``Conoco
Phillips Company''; ``Willamette Industries, Johnsonburgh Mill'';
``Merisol Antioxidants LLC''; and ``The Carbide/Graphite Group, Inc'';
and
0
b. Adding entries at the end of the table for ``Anvil International,
LLC (formerly referenced as Grinnell Corporation)''; ``ArcelorMittal
Plate LLC Conshohocken Plant (formerly referenced as Bethlehem Lukens
Plate)''; ``Braskem America Inc. Marcus Hook (formerly referenced as
Epsilon Products Co.--Marcus Hook)''; ``Buck Co Inc. Quarryville
(formerly referenced as Buck Company Inc)''; ``Calumet Karns City
Refining LLC (formerly referenced as Penreco--Karns City)''; ``Clarion
Bathware Marble''; ``Domtar Paper Company Johnsonburg Mill (formerly
referenced as Willamette Industries, Johnsonburgh Mill)''; ``Exelon
Generation Company LLC Croydon Generating Station (formerly referenced
as PECO Energy Co.--Croydon Generating Station)''; ``Georgia-Pacific
Panel Products LLC Mt. Jewell MDF Plant''; ``GE Transportation Grove
City Engine (formerly referenced as GE Transportation Systems)'';
``GrafTech USA LLC St Marys (formerly referenced as The Carbide/
Graphite Group, Inc)''; ``Haysite Reinforced Plastics LLC Erie'';
``INMETCO Ellwood City (formerly referenced as The International Metals
Reclamation Co)''; ``International Waxes Inc Farmers Valley (formerly
referenced as Petrowax Refining''; ``Jeld Wen Fiber Division PA'';
``Mars Wrigley Confectionery US LLC Elizabethtown''; ``Molded Fiber
Glass Company Union City (formerly referenced as Molded Fiber Glass)'';
``Monroe Energy LLC Trainer (formerly referenced as Conoco Phillips
Company)''; ``Nova Chemicals Company Beaver (formerly referenced as
Nova Chemicals, Inc.)''; ``Sasol Chemicals USA LLC (formerly referenced
as Merisol Antioxidants LLC)''; ``Silberline Manufacturing Company
Lincoln Drive Plant (formerly referenced as Silberline Manufacturing
Co)''; ``Superior Tube Company Lower Providence (formerly referenced as
Superior Tube Company)''; ``Victaulic Company Alburtis Facility''; and
``Victaulic Forks Facility''.
    The revisions and additions read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Additional
                                                                                explanations/Sec.
         Name of source                   Permit No.                   County            State effective date    EPA approval date    Sec.   52.2063 and
                                                                                52.2064 citations
                                                                                \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Superior Tube Company...........  OP-46-0020................  Montgomery..............  4/17/98...............  11/06/98, 63 FR      See also
                                                                                59884.               52.2064(g)(22).

                                                                      * * * * * * *
PECO Energy Co.--Croydon          OP-09-0016A...............  Bucks...................  12/20/96..............  12/15/00, 65 FR      See also
 Generating Station.                                                                                78418.               52.2064(g)(8).

                                                                      * * * * * * *
Epsilon Products Co.--Marcus      OP-23-0012................  Delaware................  2/15/96...............  12/15/00, 65 FR      See also
 Hook.                                                                                78418.               52.2064(g)(3).

                                                                      * * * * * * *
Silberline Manufacturing Co.....  OP-54-0041................  Schuylkill..............  4/19/99...............  12/15/00, 65 FR      See also
                                                                                78418.               52.2064(g)(21).

                                                                      * * * * * * *
Nova Chemicals, Inc. (formerly    (OP)04-000-033............  Beaver..................  4/16/99...............  10/17/01, 66 FR      See also
 Arco Chemical Co.--Beaver                                                              1/24/01...............   52705.               52.2064(g)(19).
 Valley).

                                                                      * * * * * * *
Penreco--Karns City.............  OP-10-0027................  Butler..................  5/31/95...............  10/12/01, 66 FR      See also
                                                                                52044.               52.2064(g)(5).

                                                                      * * * * * * *
Bethlehem Lukens Plate..........  P-46-0011.................  Montgomery..............  12/11/98..............  10/30/01, 66 FR      See also
                                                                                54691.               52.2064(g)(2).

                                                                      * * * * * * *
GE Transportation Systems.......  OP-43-196.................  Mercer..................  5/16/01...............  3/31/05, 70 FR       See also
                                                                                16416.               52.2064(g)(10).

                                                                      * * * * * * *
Grinnell Corporation............  36-2019...................  Lancaster...............  6/30/95...............  3/31/05, 70 FR       See also
                                                                                16420.               52.2064(g)(1).
Buck Company Inc................  36-2035...................  Lancaster...............  8/1/95................  3/31/05, 70 FR       See also
                                                                                16420.               52.2064(g)(4).

                                                                      * * * * * * *
Petrowax Refining...............  OP-42-110.................  McKean..................  3/4/96, 5/31/96.......  3/31/05, 70 FR       See also
                                                                                16423.               52.2064(g)(14).

                                                                      * * * * * * *
Molded Fiber Glass..............  OP-25-035.................  Erie....................  7/30/99...............  11/1/05, 70 FR       See also
                                                                                65842.               52.2064(g)(17).

                                                                      * * * * * * *
The International Metals          OP-37-243.................  Lawrence................  8/9/00................  3/31/06, 71 FR       See also
 Reclamation Co.                                                                                16235.               52.2064(g)(13).

                                                                      * * * * * * *
Conoco Phillips Company.........  OP-23-0003................  Delaware................  4/29/04...............  6/13/06, 71 FR       See also
                                                                                34011.               52.2064(g)(18).

                                                                      * * * * * * *
Willamette Industries,            OP-24-009.................  Elk.....................  5/23/95...............  6/13/06, 71 FR       See also
 Johnsonburgh Mill.                                                                                34011.               52.2064(g)(7).

                                                                      * * * * * * *
Merisol Antioxidants LLC........  OP-61-00011...............  Venango.................  4/18/05...............  6/14/06, 71 FR       See also
                                                                                34259.               52.2064(g)(20).

                                                                      * * * * * * *
The Carbide/Graphite Group, Inc.  OP-24-012.................  Elk.....................  5/12/95...............  7/11/06, 71 FR       See also
                                                                                38993.               52.2064(g)(11).

                                                                      * * * * * * *
Anvil International, LLC          36-05019..................  Lancaster...............  2/1/19................  1/24/22, [insert     52.2064(g)(1).
 (formerly referenced as                                                                                Federal Register
 Grinnell Corporation).                                                                                citation].
ArcelorMittal Plate LLC           46-00011..................  Montgomery..............  1/26/18...............  1/24/22, [insert     52.2064(g)(2).
 Conshohocken Plant (formerly                                                                                Federal Register
 referenced as Bethlehem Lukens                                                                                citation].
 Plate).
Braskem America Inc. Marcus Hook  23-00012..................  Delaware................  3/2/20................  1/24/22, [insert     52.2064(g)(3).
 (formerly referenced as Epsilon                                                                                Federal Register
 Products Co.--Marcus Hook).                                                                                citation].

Buck Co Inc. Quarryville          36-05053..................  Lancaster...............  4/1/2020..............  1/24/22, [insert     52.2064(g)(4).
 (formerly referenced as Buck                                                                                Federal Register
 Company Inc).                                                                                citation].
Calumet Karns City Refining LLC   10-027H...................  Butler..................  11/29/18..............  1/24/22, [insert     52.2064(g)(5).
 (formerly referenced as                                                                                Federal Register
 Penreco--Karns City).                                                                                citation].
Clarion Bathware Marble.........  16-00133..................  Clarion.................  12/19/20..............  1/24/22, [insert     52.2064(g)(6).
                                                                                Federal Register
                                                                                citation].
Domtar Paper Company Johnsonburg  24-00009..................  Elk.....................  2/25/2020.............  1/24/22, [insert     52.2064(g)(7).
 Mill (formerly referenced as                                                                                Federal Register
 Willamette Industries,                                                                                citation].
 Johnsonburgh Mill).
Exelon Generation Company LLC     09-00016..................  Bucks...................  4/11/18...............  1/24/22, [insert     52.2064(g)(8).
 Croydon Generating Station                                                                                Federal Register
 (formerly referenced as PECO                                                                                citation].
 Energy Co.--Croydon Generating
 Station).
Georgia-Pacific Panel Products    42-158R...................  McKean..................  1/2/19................  1/24/22, [insert     52.2064(g)(9).
 LLC Mt. Jewell MDF Plant.                                                                                Federal Register
                                                                                citation].
GE Transportation Grove City      43-00196..................  Mercer..................  11/7/19...............  1/24/22, [insert     52.2064(g)(10).
 Engine (formerly referenced as                                                                                Federal Register
 GE Transportation Systems).                                                                                citation].
GrafTech USA LLC St Marys         43-00196..................  Elk.....................  5/1/19................  1/24/22, [insert     52.2064(g)(11).
 (formerly referenced as The                                                                                Federal Register
 Carbide/Graphite Group, Inc).                                                                                citation].
Haysite Reinforced Plastics LLC   25-00783..................  Erie....................  7/24/19...............  1/24/22, [insert     52.2064(g)(12).
 Erie.                                                                                Federal Register
                                                                                citation].
INMETCO Ellwood City (formerly    37-00243..................  Lawrence................  12/6/2019.............  1/24/22, [insert     52.2064(g)(13).
 referenced as The International                                                                                Federal Register
 Metals Reclamation Co).                                                                                citation].
International Waxes Inc Farmers   42-00011..................  McKean..................  2/21/20...............  1/24/22, [insert     52.2064(g)(14).
 Valley (formerly referenced as                                                                                Federal Register
 Petrowax Refining).                                                                                citation].
Jeld Wen Fiber Division PA......  08-0003...................  Bradford................  9/21/18...............  1/24/22, [insert     52.2064(g)(15).
                                                                                Federal Register
                                                                                citation].
Mars Wrigley Confectionery US     36-05142..................  Lancaster...............  7/18/19...............  1/24/22, [insert     52.2064(g)(16).
 LLC Elizabethtown.                                                                                Federal Register
                                                                                citation].
Molded Fiber Glass Company Union  25-00035..................  Erie....................  2/5/2020..............  1/24/22, [insert     52.2064(g)(17).
 City (formerly referenced as                                                                                Federal Register
 Molded Fiber Glass).                                                                                citation].
Monroe Energy LLC Trainer         23-00003..................  Delaware................  6/5/17................  1/24/22, [insert     52.2064(g)(18).
 (formerly referenced as Conoco                                                                                Federal Register
 Phillips Company).                                                                                citation].
Nova Chemicals Company Beaver     004-00033.................  Beaver..................  4/2/20................  1/24/22, [insert     52.2064(g)(19).
 (formerly referenced as Nova                                                                                Federal Register
 Chemicals, Inc.).                                                                                citation].
Sasol Chemicals USA LLC           61-00011..................  Venango.................  2/16/20...............  1/24/22, [insert     52.2064(g)(20).
 (formerly referenced as Merisol                                                                                Federal Register
 Antioxidants LLC).                                                                                citation].
Silberline Manufacturing Company  54-00041..................  Schuylkill..............  3/16/20...............  1/24/22, [insert     52.2064(g)(21).
 Lincoln Drive Plant (formerly                                                                                Federal Register
 referenced as Silberline                                                                                citation].
 Manufacturing Co).
Superior Tube Company Lower       46-00020..................  Montgomery..............  2/5/20................  1/24/22, [insert     52.2064(g)(22).
 Providence (formerly referenced                                                                                Federal Register
 as Superior Tube Company).                                                                                citation].

Victaulic Company Alburtis        39-00069..................  Lehigh..................  10/24/17..............  1/24/22, [insert     52.2064(g)(23).
 Facility.                                                                                Federal Register
                                                                                citation].
Victaulic Forks Facility........  48-0009...................  Northampton.............  10/24/17..............  1/24/22, [insert     52.2064(g)(24).
                                                                                Federal Register
                                                                                citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The cross-references that are not Sec.   52.2064 are to material that pre-date the notebook format. For more information, see Sec.   52.2063.

* * * * *

0
3. Amend Sec.  52.2064 by adding paragraph (g) to read as follows:

Sec.  52.2064   EPA-approved Source-Specific Reasonably Available
Control Technology (RACT) for Volatile Organic Compounds (VOC) and
Oxides of Nitrogen (NOX).

* * * * *
    (g) Approval of source-specific RACT requirements for 1997 and 2008
8-hour ozone national ambient air quality standards for the facilities
listed in this paragraph (g) are incorporated as specified. (Rulemaking
Docket No. EPA-OAR-2021-0380.)
    (1) Anvil International, LLC--Incorporating by reference Permit No.
36-05019, effective February 1, 2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 36-2019, effective June
30, 1995, remain as RACT requirements for Sources 501, 502, 503, and
196. See also Sec.  52.2020(d)(1), for prior RACT approval.
    (2) ArcelorMittal Plate LLC Conshohocken Plant--Incorporating by
reference Permit No. 46-00011, effective January 26, 2018, as redacted
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
46-0011, effective December 11, 1998, remain as RACT requirements
except for Conditions 8 and 9, which are superseded by the new permit.
See also Sec.  52.2063(c)(185)(i)(B)(2), for prior RACT approval.
    (3) Braskem America Inc. Marcus Hook--Incorporating by reference
Permit No. 23-00012, effective March 2, 2020, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. OP-23-
0012, effective February 15, 1996, remain as RACT requirements. See
also Sec.  52.2063(c)(143)(i)(B)(25), for prior RACT approval.
    (4) Buck Co Inc. Quarryville--Incorporating by reference Permit No.
36-05053, effective April 1, 2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 36-2035, effective
August 1, 1995, remain as RACT requirements. See also Sec.
52.2020(d)(1), for prior RACT approval.
    (5) Calumet Karns City Refining LLC--Incorporating by reference
Permit No. 10-027H, issued November 29, 2018, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. 10-
027, issued May 31, 1995 are superseded except for Condition No. 4 for
Boiler No. 1, which remains as a RACT requirement. See also Sec.
52.2063(c)(177)(i)(B)(1), for prior RACT approval.
    (6) Clarion Bathware Marble--Incorporating by reference Permit No.
16-00133, effective February 19, 2020, as redacted by Pennsylvania.
    (7) Domtar Paper Company Johnsonburg Mill--Incorporating by
reference Permit No. 24-00009, effective February 25, 2020, as redacted
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
24-009, effective May 23, 1995, remain as RACT requirements. See also
Sec.  52.2020(d)(1), for prior RACT approval.
    (8) Exelon Generation Company, LLC Croydon Generating Station--
Incorporating by reference Permit No. 09-00016, effective April 11,
2018, as redacted by Pennsylvania, in addition to the prior RACT Permit
No. OP-09-0016A, issued December 20, 1996 which also remains as RACT
requirements except for condition 9.A. See also Sec.
52.2063(c)(143)(i)(B)(13), for prior RACT approval.
    (9) Georgia-Pacific Panel Products LLC Mount Jewell MDF--
Incorporating by reference Permit No. 42-158R, effective January 2,
2019, as redacted by Pennsylvania.
    (10) GE Transportation Grove City Engine--Incorporating by
reference Permit No. 43-00196, effective October 7, 2019, as redacted
by Pennsylvania. All permit conditions in the prior RACT Permit No. OP-
43-196, effective May 16, 2001, remain as RACT requirements except for
Conditions 3 and 9. See also Sec.  52.2020(d)(1), for prior RACT
approval.
    (11) GrafTech USA LLC St Marys- Incorporating by reference Permit
No. 24-00012, effective May 1, 2019, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 24-012, effective May
12, 1995 remain as RACT requirements. See also Sec.  52.2020(d)(1), for
prior RACT approval.
    (12) Haysite Reinforced Plastics LLC Erie- Incorporating by
reference Permit No. 25-00783, effective July 24, 2019, as redacted by
Pennsylvania.
    (13) INMETCO Ellwood City--Incorporating by reference Permit No.
37-00243, effective December 6, 2019, as redacted by Pennsylvania,
which supersedes the prior RACT I Permit No. OP-37-243, effective
August 9, 2000, except for Condition 5 (but only to the extent
Condition 5 incorporates the operation and maintenance requirements of
Condition 6 of OP-37-243, effective September 1, 1995, for the
furnaces), which remains as a RACT requirement. See also Sec.
52.2020(d)(1), for prior RACT approval.
    (14) International Waxes Inc Farmers Valley--Incorporating by
reference Permit No.42-00011, effective February 21, 2020, as redacted
by Pennsylvania, which supersedes the prior RACT Permit No. OP-42-110,
effective March 4, 1996, except for Conditions 8 and 9, which remain as
RACT requirements. See also Sec.  52.2020(d)(1), for prior RACT
approval.
    (15) Jeld Wen Fiber Division PA--Incorporating by reference Permit
No. 08-00003, effective September 21, 2018, as redacted by
Pennsylvania.
    (16) Mars Wrigley Confectionery US LLC Elizabethtown--Incorporating
by reference Permit No. 36-05142, effective July 18, 2019, as redacted
by Pennsylvania.
    (17) Molded Fiber Glass Co Union City--Incorporating by reference
Permit No. 25-00035, effective February 5, 2020, as redacted by
Pennsylvania. All permit conditions in the prior RACT Permit No. OP-25-
035, effective July 30, 1999, remain as RACT requirements. See also
Sec.  52.2020(d)(1), for prior RACT approval.
    (18) Monroe Energy LLC Trainer--Incorporating by reference Permit
No. 23-00003, effective June 5, 2017, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 23-0003, effective April
29, 2004, remain as RACT requirements. See also Sec.  52.2020(d)(1),
for prior RACT approval.

    (19) Nova Chemicals Company Beaver--Incorporating by reference
Permit No. 04-00033, issued April 2, 2020, as redacted by PADEP, which
supersedes prior RACT Permit No. 04-000333, issued April 16, 1999 and
reissued January 24, 2001. See also Sec.  52.2063(c)(173)(i)(B)(4), for
prior RACT approval.
    (20) Sasol Chemicals USA LLC--Incorporating by reference Permit No.
61-00011, effective February 16, 2020, as redacted by Pennsylvania. All
permit conditions in the prior RACT Permit No. 61-011, effective April
18, 2005, remain as RACT requirements, except for the bypass limitation
in Condition 12 (applicable to Source 107, 314/340 Distillation
Columns), which is superseded by the new permit. See also Sec.
52.2020(d)(1), for prior RACT approval.
    (21) Silberline Manufacturing Company Lincoln Drive Plant-
Incorporating by reference Permit No. 54-00041, effective March 16,
2020, as redacted by Pennsylvania. All permit conditions in the prior
RACT Permit No. 54-0041, effective April 19, 1999, remain as RACT
requirements. See also Sec.  52.2063(c)(143)(i)(B)(44), for prior RACT
approval.
    (22) Superior Tube Company Lower Providence--Incorporating by
reference Permit No. 46-00020, effective February 5, 2020, as redacted
by Pennsylvania, which supersedes the prior RACT I Permit No OP-46-
0020, effective April 17, 1998, except for the facility-wide
NOX emissions limit found in Condition 4 and Conditions 5,
10, 11, 13, 14, and 15, which remain as RACT requirements. See also
Sec.  52.2063(c)(136)(i)(B)(13), for prior RACT approval.
    (23) Victaulic Company Alburtis Facility--Incorporating by
reference Permit No. 39-00069, effective October 24, 2017, as redacted
by Pennsylvania.
    (24) Victaulic Forks Facility--Incorporating by reference Permit
No. 48-00009, effective October 24, 2017, as redacted by Pennsylvania.

[FR Doc. 2021-27231 Filed 1-21-22; 8:45 am]
BILLING CODE 6560-50-P