81 FR 38992 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Philadelphia County Reasonably Available Control Technology Under the 1997 8-Hour Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 115 (June 15, 2016)
Federal Register Volume 81, Issue 115 (June 15, 2016)
| Page Range | 38992-38999 | |
| FR Document | 2016-14102 |
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)] [Proposed Rules] [Pages 38992-38999] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14102] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2008-0603; FRL-9947-67-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Philadelphia County Reasonably Available Control Technology Under the 1997 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 state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions pertain to a demonstration that Philadelphia County (Philadelphia) meets the requirements for reasonably available control technology (RACT) of the Clean Air Act (CAA) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) as ozone precursors for the 1997 8-hour ozone national ambient air quality standards (NAAQS). In this rulemaking action, EPA is proposing to approve three separate SIP revisions addressing RACT under the 1997 8-hour ozone NAAQS for Philadelphia, including new or revised source-specific RACT determinations for fifteen major sources of NOX and/or VOC and certifications that certain previous source-specific RACT determinations for major sources of NOX and/or VOC continue to adequately represent RACT under the 1997 8-hour ozone NAAQS. EPA also proposes to convert the prior conditional approval of the Philadelphia RACT demonstration for the 1997 8-hour ozone NAAQS to full approval, as Pennsylvania has met the obligations associated with the conditional approval. EPA therefore proposes to find that Pennsylvania has met all applicable RACT requirements under the CAA for the 1997 8-hour ozone NAAQS for Philadelphia. This action is being taken under the CAA. DATES: Written comments must be received on or before July 15, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2008-0603 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed [[Page 38993]] from Regulations.gov. For either manner of submission, the 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. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On June 27, 2014, February 18, 2015, and April 26, 2016, the Pennsylvania Department of Environmental Protection (PADEP) submitted on behalf of Philadelphia Air Management Services (AMS) three separate revisions to its SIP to satisfy the RACT requirements for the 1997 8-hour ozone NAAQS for Philadelphia. Altogether, the Philadelphia RACT SIP revisions are intended to fulfill the conditions in EPA's December 13, 2013 conditional approval. 78 FR 75902. I. Background A. General Ground level ozone pollution (commonly referred to as smog) is formed when VOC react with NOX in the presence of sunlight. In order to reduce ozone concentrations in the ambient air, the CAA requires all nonattainment areas to apply controls on VOC and NOX emission sources to achieve emission reductions. Among effective control measures, RACT controls are a major group for reducing VOC and NOX emissions from stationary sources. Since the 1970's, EPA has consistently interpreted RACT to mean 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.\1\ Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM) for attainment of the NAAQS, including emissions reductions from existing sources through adoption of RACT. Sections 182(b)(2) and (f)(1) of the CAA require states with moderate, or worse, ozone nonattainment areas to implement RACT controls on each category of stationary sources covered by a control technique guideline (CTG) document issued by EPA and on all major stationary sources of VOC and NOX emissions located in the area.\2\ Pursuant to section 184(b) of the CAA, the same requirements for sources of NOX and VOC apply to any areas in an ozone transport region (OTR) established under section 184(a), therefore including marginal and moderate nonattainment areas as well attainment areas within an OTR. A single OTR has been established, comprised of 12 eastern states, or portions thereof, and the District of Columbia (hereafter, ``the OTR''). The entire Commonwealth of Pennsylvania is part of the OTR. --------------------------------------------------------------------------- \1\ See 44 FR 53782 (September 17, 1979); EPA's 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'' (December 9, 1976); and also, 72 FR 20586, 20610 (April 25, 2007). \2\ A major source in an ozone nonattainment area is defined as any stationary source that emits or has the potential to emit NOX and VOC emissions above a certain applicability threshold that is based on the classification of the ozone nonattainment area. See ``major stationary source'' in 40 CFR 51.165. --------------------------------------------------------------------------- On July 18, 1997 (62 FR 38856), EPA revised the NAAQS for ground- level ozone, setting at 0.08 parts per million (ppm) averaged over an 8-hour time frame. On April 15, 2004, EPA issued final designations for the 1997 8-hour ozone NAAQS, which included Philadelphia County as part of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE moderate ozone nonattainment area. 69 FR 23858, at 23931 (April 30, 2004). At the same time, EPA published the first phase of its final rule to implement the 1997 8-hour ozone NAAQS (Phase I Ozone Implementation Rule), in which EPA revoked the previous 1-hour ozone NAAQS for most areas of the country, effective on June 15, 2005, and established anti- backsliding principles to transition from implementing the revoked 1- hour ozone NAAQS to the more protective 1997 8-hour ozone NAAQS, as codified in 40 CFR 51.905.\3\ The nonattainment designation for Philadelphia under the 1997 8-hour ozone NAAQS, and its location in the OTR, triggered the Commonwealth's obligation to submit a SIP revision addressing how it meets the CAA RACT requirements in Philadelphia under the standard. --------------------------------------------------------------------------- \3\ ``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 1,'' 69 FR 23951 (April 30, 2001). --------------------------------------------------------------------------- On March 12, 2008 (73 FR 16436), EPA significantly strengthened the 8-hour ozone NAAQS by revising the primary 8-hour ozone standard to a level of 0.075 ppm. On March 6, 2015 (80 FR 12264), EPA published a final rule for the implementation of the 2008 8-hour ozone NAAQS, while at the same time revoking the 1997 8-hour ozone NAAQS, effective on April 6, 2015.\4\ Consistent with EPA's previous approach, the 2008 8- Hour Ozone Implementation Rule established anti-backsliding principles to transition from implementing the revoked 1997 8-hour ozone NAAQS to the 2008 8-hour ozone NAAQS, as codified in 40 CFR 51.1100. In this rule, EPA clarified that RACT under the 1997 8-hour ozone NAAQS, among other requirements, continues to apply to a nonattainment area, in accordance with its designation and classification for the 1997 8-hour ozone NAAQS at the time of the revocation of the standard. Therefore, 1997 8-hour ozone RACT continues to be an applicable requirement for Philadelphia. --------------------------------------------------------------------------- \4\ ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' Final Rule, 80 FR 12264 (March 6, 2015). --------------------------------------------------------------------------- The implementation of RACT controls under the 1997 8-hour ozone NAAQS is required in Philadelphia for each category of VOC sources covered by a CTG document issued by EPA (i.e., CTG RACT) and all other major stationary sources of NOX and VOC (major source RACT or non-CTG RACT), as defined for a moderate nonattainment area. Philadelphia was also subject to the CAA RACT requirements under the 1- hour ozone NAAQS, as it was designated as part of the Philadelphia- Wilmington-Trenton, PA-NJ-DE-MD severe ozone nonattainment area under the 1-hour ozone NAAQS. See 56 FR 56694, 56822 (November 6, 1991). As a result, PADEP and AMS implemented numerous RACT controls in Philadelphia to meet the statutory RACT requirements under this previous standard. B. EPA's Requirements Under the 1997 8-Hour Ozone RACT On November 29, 2005, EPA published the second phase to its implementation rule to address nonattainment SIP requirements for the 1997 8-hour ozone NAAQS (the Phase 2 [[Page 38994]] Ozone Implementation Rule).\5\ This rule addressed, among other things, control and planning obligations as they apply to nonattainment areas under the 1997 8-hour ozone NAAQS, including RACT and RACM. In this rule, EPA specifically required that states meet the RACT requirements under the 1997 8-hour ozone NAAQS, either through a certification that previously adopted RACT controls in their SIP revisions approved by EPA under the 1-hour ozone NAAQS continue to represent adequate RACT control levels for 1997 8-hour ozone NAAQS attainment purposes, or through the adoption of new or more stringent regulations that represent RACT control levels.\6\ A certification must be accompanied by appropriate supporting information such as consideration of information received during the public comment period and consideration of new data. Adoption of new RACT regulations should occur when states have new stationary sources not covered by existing RACT regulations, or when new data or technical information indicates that a previously adopted RACT measure does not represent a newly available RACT control level. EPA also requires states to submit a negative declaration if there are no CTG major sources of VOC and NOX emissions within the nonattainment area in lieu of or in addition to a certification. --------------------------------------------------------------------------- \5\ ``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2,'' 70 FR 71612-71705 (November 29, 2005). \6\ For more information, see the preamble of the final Phase 2 Ozone Implementation Rule for a discussion of EPA's interpretation of the CAA RACT requirements for the 1997 8-hour ozone NAAQS, in 70 FR 71652-71659 (November 29, 2005). --------------------------------------------------------------------------- EPA particularly addressed controls for NOX emissions from electric generating units (EGUs) in the Phase 2 Ozone Implementation Rule. EPA determined that the regional NOX emissions reductions that result from either the NOX SIP Call or the Clean Air Interstate Rule (CAIR) for addressing interstate transport of ozone pollution, would meet the NOX RACT requirement for EGUs located in states included within the respective geographic regions. Thus, EPA concluded that the states did not need to perform a NOX RACT analysis for sources subject to the state's emission cap-and-trade program where such program has been adopted by the state and approved by EPA as meeting the NOX SIP Call requirements or, in states achieving the CAIR reductions solely from EGUs, the CAIR NOX requirements. In November 2008, several parties challenged the Phase 2 Ozone Implementation Rule, particularly, EPA's determination that compliance by EGUs with the requirements of the NOX SIP and/or CAIR could also be construed as compliance with RACT under the 1997 8-hour ozone NAAQS. As a result of this litigation, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) decided that such presumptions and determinations by EPA in the Phase 2 Ozone Implementation Rule were inconsistent with the statutory requirements of section 172(c)(1) of the CAA. Because region-wide RACT-level emissions reductions do not meet the statutory requirement that the reductions be from sources in the nonattainment area, the D.C. Circuit found that EPA had not shown that compliance with NOX SIP Call would result in at least RACT-level reductions in emissions from sources within each nonattainment area. See NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009).\7\ --------------------------------------------------------------------------- \7\ The D.C. Circuit addressed whether reductions from the NOX SIP call could address NOX RACT. The issue as to whether CAIR satisfies NOX RACT for EGUs was not addressed by the D.C. Circuit because the D.C. Circuit had already remanded CAIR to EPA for further analysis at that time. See North Carolina v. EPA, 531 F.3d 896; modified by 550 F.3d 1176 (D.C. Cir. 2008). In subsequent litigation, the rule that EPA promulgated to replace CAIR (i.e., the Cross State Air Pollution Rule or CSAPR) was initially vacated by the D.C. Circuit but upheld by the U.S. Supreme Court. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). EPA began implementing CSAPR in January 2015. See 79 FR 71663 (December 3, 2014) (interim final rulemaking issued after D.C. Circuit lifted stay on CSAPR). Thus, EPA decided it would be appropriate to reconsider its prior determination that CAIR could satisfy NOX RACT in light of the earlier decision in NRDC v. EPA. See 79 FR 32892 (June 9, 2014) (proposing removal of prior determination that CAIR could be NOX RACT). --------------------------------------------------------------------------- C. EPA's Conditional Approval for Philadelphia's 1997 8-Hour Ozone RACT Demonstration On September 29, 2006, PADEP submitted, on behalf of AMS, a SIP revision purporting to address the RACT requirements for Philadelphia under the 1997 8-hour ozone NAAQS. The 2006 SIP revision consisted of a RACT demonstration for Philadelphia, including (1) a certification that previously adopted RACT regulations that were approved by EPA in Pennsylvania's SIP for Philadelphia under the 1-hour ozone NAAQS continue to represent RACT for the 1997 8-hour ozone NAAQS implementation purposes; (2) the adoption of federally enforceable permits that represent CTG RACT control for four major VOC sources; and (3) a negative declaration that certain VOC source categories that would be covered by CTG documents do not exist in Philadelphia. EPA identified two deficiencies in the 2006 SIP revision which precluded EPA's approval. First, the 2006 SIP revision included as RACT certain provisions that relied on the NOX SIP Call, which in light of the 2009 D.C. Circuit decision in NRDC v. EPA regarding the inappropriateness of the NOX SIP Call as RACT, precluded EPA from approving the 2006 SIP revision. Specifically, the 2006 SIP submittal certified as RACT the following PADEP regulations: 25 Pa Code sections 145.1-145.100 (``NOX Budget Trading Program''), 25 Pa Code sections 145.111-145.113 (``Emissions of NOX from Stationary Internal Combustion Engines''), and 25 Pa Code sections 145.141-144 (``Emissions of NOX from Cement Manufacturing''). Second, EPA also determined that the Philadelphia 2006 SIP revision did not sufficiently address the source-specific RACT requirements for 46 major sources of NOX and/or VOC that were previously approved under the 1-hour ozone NAAQS, per the SIP approved regulation in 25 Pa Code sections 129.91-92, which AMS certified as RACT under the 1997 8-hour ozone NAAQS. On June 22, 2010, PADEP submitted another RACT SIP revision addressing certain CTG RACT requirements that superseded portions of the RACT demonstration in the 2006 SIP revision. The 2010 SIP revision consisted of two new CTG regulations, Air Management Regulation (AMR) V section XV (``Control of Volatile Organic Compounds (VOC) from Marine Vessel Coating Operations'') and AMR V section XVI (``Synthetic Organic Manufacturing Industry (SOCMI) Air Oxidation, Distillation, and Reactor Processes''), and related amendments to AMR V Section I (``Definitions''), as adopted by AMS on April 26, 2010, effective upon adoption. The 2010 SIP revision also included a negative declaration demonstrating that there are no sources in Philadelphia for the CTG source category of natural gas and gasoline processing plants. The CTG regulations adopted in 2010 superseded source-specific RACT determinations provided in the 2006 SIP revision, because the new provisions are as, if not more, stringent than those RACT requirements previously submitted in 2006.\8\ Additionally, the 2010 SIP [[Page 38995]] revision clarified that in the 2006 SIP submission, AMS had erroneously defined two sources in Philadelphia under the CTG category for natural gas and gasoline processing plants, and for which AMS submitted source- specific RACT determinations in the 2006 SIP revision. For these reasons, EPA determined that the provisions in the 2006 and 2010 SIP revisions were related in addressing Philadelphia's 1997 8-hour ozone NAAQS RACT obligation and were not separable for approval purposes as each SIP submittal contained provisions addressing RACT obligations. --------------------------------------------------------------------------- \8\ AMR V section XV and AMR V section XVI address EPA's RACT requirements as specified in the following CTGs: (1) ``Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating)'' (61 FR 44050, August 27, 1996), (2) ``Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry'' (EPA-450/3-84- 015, December 1984), and (3) ``Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in Synthetic Organic Chemical Manufacturing Industry'' (EPA-450/4-91- 031, August 1993). --------------------------------------------------------------------------- Pursuant to section 110(k)(4) of the CAA, on April 26, 2013, PADEP submitted, on behalf of AMS, a letter in which AMS committed to submit SIP revisions addressing the source-specific RACT requirements for major sources of NOX and/or VOC in Philadelphia under the 1997 8-hour ozone NAAQS, including EGUs that were presumed to rely on the NOX SIP Call provisions to meet RACT. In the April 26, 2013 letter, AMS identified five sources that since the approval of the 1-hour ozone source-specific RACT determinations have adopted or will adopt additional controls that it believed represent RACT under the 1997 8-hour ozone NAAQS, and for which it would submit new source- specific RACT determinations: (1) Philadelphia Energy Solutions Refining and Marketing, LLC (formerly Sunoco Inc. (R&M)--Philadelphia), (2) Kraft Nabisco (formerly Nabisco Biscuit Co, and presently Mondelez), (3) Temple University--Health Sciences Campus, (4) GATX Terminals Corporation (presently, Kinder Morgan Liquids terminals, LLC), and (5) Honeywell International--Frankford Plant (formerly Sunoco Chemicals--Frankford Plant). Additionally, AMS indicated it would submit source-specific RACT determinations for five EGU sources in Philadelphia that relied on emissions reductions under the NOX SIP Call as RACT including: (1) Exelon Generating Company--Delaware Station, (2) Exelon Generating Company--Richmond Station, (3) Exelon Generating Company-- Schuylkill Station, (4) Veolia Energy--Edison Station (formerly TRIGEN--Edison Station), and (5) Veolia Energy--Schuylkill Station (formerly TRIGEN- Schuylkill Station). AMS needed to submit source-specific RACT determinations or alternative certifications to address RACT for any major NOX sources, such as EGUs, for which AMS relied in prior SIP submissions on the NOX SIP Call to address RACT for the 1997 8-hour ozone NAAQS, because EPA cannot approve as RACT provisions relying on the NOX SIP Call. See NRDC v. EPA, 571 F.3d 1245. On June 19, 2013 (78 FR 36716), EPA proposed conditional approval of the Philadelphia 1997 8-hour ozone RACT demonstration included in both the 2006 and 2010 RACT SIP revisions, based upon AMS's commitment to submit additional SIP revisions to correct the deficiencies previously identified by EPA.\9\ In the June 19, 2013 proposed conditional approval, EPA proposed that in order to correct the deficiencies in the Philadelphia 1997 8-hour ozone RACT demonstration, AMS needed to provide a source-specific RACT analysis for each major NOX /VOC source subject to 25 Pa Code 129.91-92 for which current controls do not currently and adequately represent RACT for the 1997 8-hour ozone NAAQS, including each of the 10 major NOX and/or VOC sources identified by AMS in the April 26, 2013 letter, or alternatively provide a certification that source-specific RACT controls for all other major sources of NOX and VOC in Philadelphia previously approved by EPA in Pennsylvania's SIP for the 1-hour ozone NAAQS continue to adequately represent RACT for the 1997 8-hour ozone NAAQS. --------------------------------------------------------------------------- \9\ In this action, EPA also withdrew its previous proposed rule published on August 26, 2008 (73 FR 50270), proposing to fully approve the 2006 SIP revision addressing 1997 8-hour ozone RACT for Philadelphia. --------------------------------------------------------------------------- On December 13, 2013 (78 FR 75902), EPA finalized its conditional approval of the Philadelphia 1997 8-hour ozone RACT demonstration, as provided in the 2006 and 2010 SIP revisions, with the condition that Pennsylvania, on behalf of AMS, submits additional SIP revisions addressing source-specific RACT to address the deficiencies in the previously submitted 1997 8-hour ozone RACT demonstration. As stated in the December 13, 2013 final action, once EPA determines that AMS has satisfied this condition, EPA shall remove the conditional nature of such approval and the Philadelphia 1997 8-hour ozone RACT demonstration will receive at that time full approval status. For a detailed discussion of EPA's conditional approval of Philadelphia's 1997 8-hour ozone RACT demonstration and the identified deficiencies of the 2006 SIP revision, see 78 FR 75902 (December 13, 2013) (final action) and 78 FR 36716 (June 19, 2013) (proposed action). II. Summary of SIP Revisions To satisfy the requirements from EPA's December 13, 2013 conditional approval, PADEP has submitted to EPA, on behalf of AMS, subsequent SIP revisions addressing the source-specific RACT requirements for major sources in Philadelphia subject to 25 Pa Code 129.91-92. On June 27, 2014, February 18, 2015, and April 26, 2016, PADEP submitted to EPA, on behalf of AMS, three separate SIP revisions pertaining to the Philadelphia 1997 8-hour ozone RACT demonstration (hereafter collectively referred to as ``the Philadelphia RACT SIP revisions''). AMS provided documentation in the Philadelphia RACT SIP revisions to support that RACT has been met for all major sources of NOX and/or VOC in Philadelphia, including source-specific RACT determinations for affected emission units at each major source subject to 25 Pa Code 129.91-92.\10\ Specifically, AMS evaluated a total of 25 major NOX and/or VOC sources in Philadelphia for RACT. --------------------------------------------------------------------------- \10\ The applicable ``major source'' thresholds for 1997 8-hour ozone RACT purposes are 50 tons per year (TPY) of VOC and 100 TPY of NOX or greater of potential emissions for each respective pollutant, in light of the moderate ozone classification of Philadelphia for the 1997 8-hour ozone NAAQS, as well as its location in the OTR. --------------------------------------------------------------------------- On April 26, 2016, PADEP also submitted a letter, on behalf of AMS, withdrawing from the 2006 SIP revision the certification of the Pennsylvania rules related to the NOX SIP Call as 1997 8- hour ozone RACT, specifically 25 Pa Code sections 145.1-145.100, 25 Pa Code sections 145.111-145.113, and 25 Pa Code sections 145.141-144. In the letter, PADEP reaffirms that AMS is no longer relying on the SIP approved provisions related to the NOX SIP Call as 1997 8- hour ozone RACT for any sources in Philadelphia. On May 4, 2016, EPA submitted a letter accepting PADEP's request for withdrawal of these provisions from the 2006 SIP revision, and acknowledging that this portion of the submittal is no longer pending before EPA for a final action. The June 27, 2014 SIP revision consists of a source-specific RACT determination for certain emissions units (6 process heaters) at Philadelphia Energy Solutions Refining and Marketing, LLC (PES). The February 19, 2015 SIP revision addresses RACT requirements for the 25 major sources of NOX and/or VOC in Philadelphia, including the remaining emissions units at PES that were not addressed in the June 27, 2014 SIP revision. The April 26, 2016 SIP revision amends the RACT determinations for 15 sources that were [[Page 38996]] previously addressed in the February 19, 2015 SIP revision. In the Philadelphia RACT SIP revisions, AMS includes a RACT evaluation for each major source of NOX and/or VOC in Philadelphia. AMS identifies applicable RACT requirements for the existing emissions units at each major source located in Philadelphia, including CTG RACT, presumptive RACT requirements, and source-specific RACT requirements.\11\ AMS identified 16 major sources of NOX and/or VOC in Philadelphia subject to Pennsylvania's source-specific RACT requirements, as summarized in Table 1, including 14 major sources subject to previous source-specific RACT determinations and 2 major sources newly subject to source-specific RACT. --------------------------------------------------------------------------- \11\ The CTG RACT requirements are those specified in regulations in the Pennsylvania SIP and are consistent with EPA's CTGs for the affected source categories. Presumptive RACT requirements are those specified in 25 Pa Code section 129.93, which are alternative compliance option for sources subject to source- specific RACT. Table 1--Major NOX and/or VOC Sources in Philadelphia Subject to Source-Specific RACT Under the 1997 8-Hour Ozone NAAQS -------------------------------------------------------------------------------------------------------------------------------------------------------- New or revised source- New or revised RACT Major source Plant ID No. 1-Hr ozone RACT Major source pollutant specific determination? permit (effective source? (``Yes'' or ``No'') date) -------------------------------------------------------------------------------------------------------------------------------------------------------- Exelon Generating Company--Delaware 04901 X NOX......................... No......................... Station. Exelon Generating Company--Richmond 04903 X NOX......................... Yes........................ PA-51-4903 (02/09/16). Station. Exelon Generating Company-- 04904 X NOX......................... No......................... Schuylkill Station. Honeywell--Frankford Plant 01551 X NOX and VOC................. Yes........................ PA-51-1151 (02/09/16). [formerly, Sunoco Chemical-- Frankford Plant]. Kinder Morgan Liquids Terminals, LLC 05003 X VOC......................... Yes........................ PA-51-5003 (02/09/16). [formerly, GATX Terminals Corp.]. Naval Surface Warfare Center, 09724 X NOX......................... Yes........................ PA-51-9724 (02/09/16). Carderock Division (NSWCCD). Newman & Company, Inc............... 03489 X NOX......................... No......................... PaperWorks Industries Inc. 01566 X NOX......................... Yes........................ PA-51-1566 (01/09/15). [formerly, Jefferson Smurfit, Corp./ Container Corp. of America]. Philadelphia Energy Solutions-- 01501/01517 X NOX and VOC................. Yes........................ PA-51-01501 and PA-51- Refining and Marketing, LLC 01517 (02/09/16). [formerly, Sunoco Inc. (R&M)-- Philadelphia]. Philadelphia Gas Works--Richmond 04922 X NOX......................... Yes........................ PA-51-4922 (01/09/15). Plant. Philadelphia Prison System.......... 09519 ............... NOX......................... Yes........................ PA-51-9519 (02/09/16). Plain Products Terminals, LLC 05013 X VOC......................... Yes........................ PA-51-05013 (02/09/ [formerly, Maritank Philadelphia, 16). Inc. and Exxon Company, USA]. Temple--Health Sciences Campus...... 08906 X NOX......................... Yes........................ PA-51-8906 (01/09/15). Temple--Main Campus................. 08905 ............... NOX......................... Yes........................ PA-51-8905 (01/09/15). Veolia Energy--Edison Station 04902 X NOX......................... Yes........................ PA-51-4902 (01/09/15). [formerly TRIGEN- Edison Station]. Veolia Energy--Schuylkill Station 04942/04944/ X NOX......................... Yes........................ PA-51-4942 (02/09/16)/ [TRIGEN--Schuylkill Station]/Grays 10459 PA-51-4944 (01/09/15)/ Ferry Cogeneration Partnership/ PA-51-10459 (01/09/ Veolia Energy Efficiency, LLC \a\. 15). -------------------------------------------------------------------------------------------------------------------------------------------------------- \a\ Grays Ferry Cogeneration Plant, Veolia Schuylkill, and Veolia Energy Efficiency have been aggregated as a single major source after the 1-hour RACT determination. AMS submitted RACT documentation for each facility separately, although considering RACT applicability as a single major source of NOX. The source-specific RACT determinations submitted by AMS consist of an evaluation of all reasonably available controls at this time for each affected emissions unit, resulting in an AMS determination of what specific control requirements, if any, satisfy RACT for that particular unit. The adoption of new or additional controls or the revisions to existing controls as RACT were specified as requirements in new or revised federally enforceable permits (hereafter RACT permits) issued by AMS for the source. The new or revised RACT permits have been submitted as part of the Philadelphia RACT SIP revisions for EPA's approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). For sources subject to previous RACT determinations specified in RACT permits under 40 CFR 52.2020(d)(1) for which AMS is revising or adopting additional source-specific controls, the revised RACT permits, once approved by EPA, will supersede those permits currently in the SIP. All new or revised RACT permits submitted by AMS are listed in the last column of Table 1. As part of the source-specific RACT determinations, AMS is also certifying for certain emissions units at major sources subject to source-specific RACT determinations under the 1-hour ozone NAAQS, which are part of the Pennsylvania SIP at 40 CFR [[Page 38997]] 52.2020(d)(1), that the existing RACT controls continue to represent RACT for the 1997 8-hour ozone NAAQS. For these units, AMS did not propose additional revisions. AMS submitted source-specific RACT determinations for nine of the ten major sources identified in EPA's conditional approval. AMS did not submit the required source-specific RACT determination for Kraft Nabisco (formerly Nabisco Biscuit Co, and presently Mondelez), because it concluded that this source is no longer considered a major source of NOX and VOC for 1997 8-hour ozone RACT. As clarified in the Philadelphia RACT SIP revisions, in 2012, Mondelez took federally enforceable facility-wide limits of 25 tons per year for both NOX and VOC emissions, restricting the facility's potential emissions under the applicable thresholds for 1997 8-hour ozone RACT. EPA concurs with AMS's conclusion regarding the operational status of Mondelez and thus determines that the condition in the December 13, 2013 conditional approval to submit a source-specific RACT determination under the 1997 8-hour ozone NAAQS for this source is no longer applicable. AMS is further certifying that there are 27 additional NOX and/or VOC sources in Philadelphia subject to source- specific RACT determinations for the 1-hour ozone NAAQS in the Pennsylvania SIP at 40 CFR 52.2020(d)(1) that are no longer subject to RACT for purposes of the 1997 8-hour ozone NAAQS. AMS clarifies that 18 of these sources have permanently shut down, while the remaining nine are no longer considered major sources of NOX /VOC emissions for RACT under the 1997 8-hour ozone NAAQS (less than 100 or 50 TPY, respectively). Sources that remain in operation must still comply with the SIP approved 1-hour ozone RACT determinations, although not subject to 1997 8-hour ozone RACT. AMS is formally requesting EPA to remove from the SIP the 18 source-specific RACT determinations approved under the 1-hour ozone NAAQS, as codified in 40 CFR 52.2020(d)(1). The shutdown sources and their respective SIP approved RACT Permits are listed in Table 2. AMS certifies that none of these shutdown facilities have active operating permits or air pollution licenses for any equipment, and that under Pennsylvania and Philadelphia regulations, they cannot operate until further notification and issuance of applicable permits. Table 2--Shutdown Major Sources of NOX and/or VOC in Philadelphia Subject to Previous Source-Specific RACT Determinations ---------------------------------------------------------------------------------------------------------------- SIP approved RACT permit (effective Source date) EPA's SIP approval date ---------------------------------------------------------------------------------------------------------------- Aldan Rubber Company............... PA-51-1561 (07/21/00)................ 10/30/01, 66 FR 54691. Amoco Oil Company.................. PA-51-5011 (05/29/15)................ 10/31/01, 66 FR 54936. Arbill Industries, Inc............. PA-51-3811 (07/27/99)................ 10/30/01, 66 FR 54691. Braceland Brothers, Inc............ PA-51-3679 (07/14/00)................ 10/30/01, 66 FR 54691. Budd Company....................... PA-51-1564 (12/28/95)................ 12/15/00, 65 FR 78418. Eastman Chemical [formerly, PA-51-3542 (07/27/99)................ 10/30/01, 66 FR 54691. McWhorter Technologies, Inc.]. Graphic Arts, Incorporated......... PA-51-2260 (07/14/00)................ 10/30/01, 66 FR 54691. Interstate Brands Corporation...... PA-51-5811 (04/10/95)................ 12/15/00, 65 FR 78418. Kurz Hastings, Inc................. PA-51-1585 (05/29/95)................ 10/31/01, 66 FR 54936. Lawrence McFadden, Inc............. PA-51-2074 (06/11/97)................ 10/31/01, 66 FR 54936. O'Brien (Philadelphia) PA-51-1533 (07/21/00)................ 10/30/01, 66 FR 54691. Cogeneration, Inc.--Northeast Water Pollution Control Plant. O'Brien (Philadelphia) PA-51-1534 (07/21/00)................ 10/30/01, 66 FR 54691. Cogeneration, Inc.--Southwest Water Pollution Control Plant. Pearl Pressman Liberty............. PA-51-7721 (07/24/00)................ 10/30/01, 66 FR 54691. Philadelphia Baking Company........ PA-51-3048 (04/10/95)................ 10/31/01, 66 FR 54936. Rohm and Haas Company--Philadelphia PA-51-1531 (07/27/99)................ 10/31/01, 66 FR 54942. Tasty Baking Co.................... PA-51-2054 (04/04/95)................ 10/31/01, 66 FR 54942. Transit America, Inc............... PA-51-1563 (06/11/97)................ 11/5/01, 66 FR 55880. SBF Communications................. PA-51-2197 (07/21/00)................ 10/31/01, 66 FR 54942. ---------------------------------------------------------------------------------------------------------------- III. EPA's Evaluation of SIP Revisions After thorough review and evaluation of the information provided by AMS in the Philadelphia RACT SIP revisions for major sources of NOX and/or VOC in Philadelphia, EPA finds that the AMS source-specific RACT determinations and conclusions provided are reasonable and address RACT requirements for Philadelphia for the 1997 8-hour ozone NAAQS in accordance with the Phase 2 Ozone Implementation Rule and latest available information. EPA finds that the proposed source-specific RACT controls and emissions limits in the Philadelphia RACT SIP revisions adequately meet the CAA RACT requirements for the 1997 8-hour ozone NAAQS for each major source of NOX and VOC in Philadelphia not covered by Pennsylvania RACT regulations. EPA also finds that the all proposed revisions to previously SIP approved RACT requirements, as discussed in the Philadelphia RACT 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. In the case of AMS removal of RACT requirements from the SIP that are no longer applicable, as the sources have been permanently removed, EPA finds these SIP revisions to be adequate and will not have any adverse impact to air quality. EPA's complete analysis of the Philadelphia RACT SIP revisions is included in the technical support document (TSD) available in the docket for this rulemaking action and available on line at http://www.regulations.gov. As discussed earlier, EPA determined in the December 15, 2013 conditional approval that the Philadelphia 1997 8-hour ozone RACT demonstration as provided in the 2006 and 2010 SIP revisions adequately met RACT under the CAA, with exception of the source-specific RACT requirements in 25 PA Code sections 129.91-92 and the NOX SIP Call related provisions in the Pennsylvania SIP in 25 Pa Code sections 145.1-145.100, 25 Pa Code sections 145.111-145.113, and 25 Pa Code sections 145.141-144. In this proposed [[Page 38998]] rulemaking action, EPA finds that the subsequent Philadelphia RACT SIP revisions adequately correct the two deficiencies identified by EPA on the Philadelphia RACT demonstration, as provided in the 2006 and 2010 SIP revisions, and thus satisfy the December 15, 2013 conditional approval. Based on PADEP's withdrawal of the certified provisions relying on NOX SIP Call as RACT from the 2006 SIP revision, EPA finds that the remaining certified NOX and/or VOC regulations, the CTG negative declarations, and the recently adopted regulatory provisions in AMR V sections XV and XVI, submitted as part of the 2006 and 2010 SIP revisions, are consistent with the latest available information and EPA's guidance and therefore adequately meet RACT for the 1997 8-hour ozone NAAQS.\12\ --------------------------------------------------------------------------- \12\ EPA's evaluation of the 2006 and 2010 SIP revisions is provided in the June 19, 2013 proposed conditional approval and related technical support document dated May 22, 2013, and will not be restated here. See 78 FR 36716. --------------------------------------------------------------------------- Consequently, EPA finds that the Philadelphia 1997 8-hour ozone RACT demonstration, as provided within the SIP revisions submitted to EPA from 2006 to 2016, address RACT under the 1997 8-hour ozone NAAQS for all NOX and/or VOC major sources in Philadelphia through: (1) Compliance with previously approved RACT regulations in the Pennsylvania SIP, including but not limited to CTG regulations (in the 2006 and 2010 SIP revisions); (2) submission of negative declarations (in the 2006 and 2010 SIP revisions) for CTG source categories; (3) the adoption of additional source-specific controls and/or limits in major sources, included in federally enforceable permits and submitted as part of the SIP revisions; and/or (4) certifications for major sources subject to source-specific RACT controls previously approved into the SIP, which controls continue to represent RACT under the 1997 8-hour ozone NAAQS. Additional details regarding Philadelphia's source-specific RACT determinations, full background on the Philadelphia RACT SIP revisions, and EPA's detailed evaluation of the Philadelphia RACT SIP revisions can be found in the TSD prepared for this rulemaking action and available in the docket for this rulemaking at http://www.regulations.gov. IV. Proposed Action EPA proposes to approve the Philadelphia RACT SIP revisions submitted on June 27, 2014, February 18, 2015, and April 26, 2016 for all major sources of NOX and/or VOC in Philadelphia subject to 25 Pa Code 129.91-92, as adequately meeting the CAA RACT requirements for the 1997 8-hour ozone NAAQS. EPA is proposing to incorporate by reference in the Pennsylvania SIP, via RACT permits, source-specific RACT determinations under the 1997 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions. EPA also proposes to find that the Philadelphia RACT SIP revisions satisfy the conditions established by EPA in its December 13, 2013 conditional approval to correct the deficiencies of the previously submitted Philadelphia 1997 8-hour ozone NAAQS RACT demonstration. For this reason, EPA also proposes to remove the conditional nature of the December 13, 2013 conditional approval and grant full approval to the Philadelphia 1997 8-hour ozone NAAQS RACT demonstration, as submitted on September 29, 2006 and June 22, 2010 as SIP revisions. EPA also proposes in this rulemaking action that the certified and recently adopted NOX and VOC regulations and the negative declarations, included in the September 29, 2006 and June 22, 2010 SIP revisions, meet RACT under the 1997 8-hour ozone NAAQS. Therefore, EPA also proposes to incorporate by reference into the Pennsylvania SIP the regulatory provisions in AMR V sections I, XV, and XVI, as amended or adopted in April 26, 2010 and effective upon adoption. Finally, EPA proposes that the Philadelphia 1997 8-hour ozone NAAQS RACT demonstration, included within the September 29, 2006, June 22, 2010, June 27, 2014, February 18, 2015, and April 26, 2016 SIP revisions, satisfies the RACT requirements under the CAA for the 1997 8-hour ozone NAAQS, in accordance with the Phase 2 Ozone Implementation Rule. 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 proposed rulemaking action, 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 under the 1997 8-hour ozone NAAQS for certain major sources of NOX and VOC emissions, and Philadelphia CTG RACT regulations of AMR V sections I, XV, and XVI, as amended or adopted in April 26, 2010 and effective upon adoption. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or may be viewed at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the regulatory provisions under 40 CFR 52.2020(c) and the source-specific RACT requirements under 40 CFR 52.2020(d)(1). 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 [[Page 38999]] health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, regarding the Philadelphia RACT requirements under the 1997 8-hour ozone NAAQS, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 3, 2016. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2016-14102 Filed 6-14-16; 8:45 am] BILLING CODE 6560-50-P
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the state determines that the existing of the Paperwork Reduction Act (44 ENVIRONMENTAL PROTECTION
regional haze plan requires no further U.S.C. 3501 et seq.); AGENCY
substantive revision at this time to • Is certified as not having a
achieve the RPGs for Class I areas 40 CFR Part 52
significant economic impact on a
affected by the state’s sources. The basis [EPA–R03–OAR–2008–0603; FRL–9947–67–
substantial number of small entities
for the State’s negative declaration is the Region 3]
under the Regulatory Flexibility Act
findings from the Progress Report,
including the findings that: Visibility (5 U.S.C. 601 et seq.);
Approval and Promulgation of Air
has improved at Class I areas (with the • Does not contain any unfunded Quality Implementation Plans;
exception of the best-days visibility at mandate or significantly or uniquely Pennsylvania; Philadelphia County
SWAN as discussed above) in North affect small governments, as described Reasonably Available Control
Carolina; SO2 emissions from the State’s in the Unfunded Mandates Reform Act Technology Under the 1997 8-Hour
sources have decreased beyond the 2018 of 1995 (Pub. L. 104–4); Ozone National Ambient Air Quality
projections in the regional haze plan; • Does not have Federalism Standards
additional EGU control measures not
implications as specified in Executive AGENCY: Environmental Protection
relied upon in the State’s regional haze
plan have occurred or will occur in the Order 13132 (64 FR 43255, August 10, Agency (EPA).
implementation period; and the EGU 1999); ACTION: Proposed rule.
SO2 emissions in North Carolina are • Is not an economically significant SUMMARY: The Environmental Protection
already below the levels projected for regulatory action based on health or Agency (EPA) is proposing to approve
2018 in the regional haze plan and are safety risks subject to Executive Order state implementation plan (SIP)
expected to continue to trend 13045 (62 FR 19885, April 23, 1997); revisions submitted by the
downward. EPA proposes to conclude • Is not a significant regulatory action Commonwealth of Pennsylvania. These
that North Carolina has adequately revisions pertain to a demonstration that
subject to Executive Order 13211 (66 FR
addressed 40 CFR 51.308(h) because the Philadelphia County (Philadelphia)
28355, May 22, 2001);
visibility trends at the Class I areas meets the requirements for reasonably
impacted by the State’s sources and the • Is not subject to requirements of
available control technology (RACT) of
emissions trends of the State’s largest Section 12(d) of the National the Clean Air Act (CAA) for nitrogen
emitters of visibility-impairing Technology Transfer and Advancement oxides (NOX) and volatile organic
pollutants indicate that the RPGs for Act of 1995 (15 U.S.C. 272 note) because compounds (VOC) as ozone precursors
Class I areas impacted by source in application of those requirements would for the 1997 8-hour ozone national
North Carolina will be met. be inconsistent with the CAA; and ambient air quality standards (NAAQS).
IV. Proposed Action • Does not provide EPA with the In this rulemaking action, EPA is
discretionary authority to address, as proposing to approve three separate SIP
EPA is proposing to approve North
appropriate, disproportionate human revisions addressing RACT under the
Carolina’s Regional Haze Progress 1997 8-hour ozone NAAQS for
Report, SIP revision, submitted by the health or environmental effects, using
practicable and legally permissible Philadelphia, including new or revised
State on May 31, 2013, as meeting the source-specific RACT determinations
applicable regional haze requirements methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). for fifteen major sources of NOX and/or
set forth in 40 CFR 51.308(g) and (h). VOC and certifications that certain
EPA also proposes to approve the The SIP is not approved to apply on previous source-specific RACT
updated RPGs for North Carolina’s Class any Indian reservation land or in any determinations for major sources of NOX
I areas. other area where EPA or an Indian tribe and/or VOC continue to adequately
V. Statutory and Executive Order has demonstrated that a tribe has represent RACT under the 1997 8-hour
Reviews jurisdiction. In those areas of Indian ozone NAAQS. EPA also proposes to
country, the rule does not have tribal convert the prior conditional approval
Under the CAA, the Administrator is
required to approve a SIP submission implications as specified by Executive of the Philadelphia RACT
that complies with the provisions of the Order 13175 (65 FR 67249, November 9, demonstration for the 1997 8-hour
Act and applicable federal regulations. 2000), nor will it impose substantial ozone NAAQS to full approval, as
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). direct costs on tribal governments or Pennsylvania has met the obligations
Thus, in reviewing SIP submissions, preempt tribal law. associated with the conditional
EPA’s role is to approve state choices, approval. EPA therefore proposes to
List of Subjects in 40 CFR Part 52 find that Pennsylvania has met all
provided that they meet the criteria of
the CAA. Accordingly, this proposed Environmental protection, Air applicable RACT requirements under
action merely proposes to approve state the CAA for the 1997 8-hour ozone
pollution control, Incorporation by
law as meeting federal requirements and NAAQS for Philadelphia. This action is
reference, Intergovernmental relations,
does not impose additional being taken under the CAA.
Nitrogen oxides, Particulate matter,
requirements beyond those imposed by DATES: Written comments must be
Reporting and recordkeeping
state law. For that reason, this proposed received on or before July 15, 2016.
requirements, Sulfur dioxide, Volatile
action: ADDRESSES: Submit your comments,
organic compounds.
• Is not a significant regulatory action identified by Docket ID No. EPA–R03–
ehiers on DSK5VPTVN1PROD with PROPOSALS
subject to review by the Office of Authority: 42 U.S.C. 7401 et seq. OAR–2008–0603 at http://
Management and Budget under Dated: June 1, 2016. www.regulations.gov, or via email to
Executive Orders 12866 (58 FR 51735, Heather McTeer Toney, Fernandez.cristina@epa.gov. For
October 4, 1993) and 13563 (76 FR 3821, comments submitted at Regulations.gov,
Regional Administrator, Region 4.
January 21, 2011); follow the online instructions for
• Does not impose an information [FR Doc. 2016–14036 Filed 6–14–16; 8:45 am]
submitting comments. Once submitted,
collection burden under the provisions BILLING CODE 6560–50–P comments cannot be edited or removed
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![38996 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules
previously addressed in the February requirements for the existing emissions Pennsylvania’s source-specific RACT
19, 2015 SIP revision. units at each major source located in requirements, as summarized in Table 1,
In the Philadelphia RACT SIP Philadelphia, including CTG RACT, including 14 major sources subject to
revisions, AMS includes a RACT presumptive RACT requirements, and previous source-specific RACT
evaluation for each major source of NOX source-specific RACT requirements.11 determinations and 2 major sources
and/or VOC in Philadelphia. AMS AMS identified 16 major sources of NOX newly subject to source-specific RACT.
identifies applicable RACT and/or VOC in Philadelphia subject to
TABLE 1—MAJOR NOX AND/OR VOC SOURCES IN PHILADELPHIA SUBJECT TO SOURCE-SPECIFIC RACT UNDER THE 1997
8-HOUR OZONE NAAQS
1-Hr New or revised New or revised RACT
ozone Major source source-specific
Major source Plant ID No. permit
RACT pollutant determination? (effective date)
source? (‘‘Yes’’ or ‘‘No’’)
Exelon Generating Company—Delaware Sta- 04901 X NOX .................. No.
tion.
Exelon Generating Company—Richmond Sta- 04903 X NOX .................. Yes ................... PA–51–4903 (02/09/
tion. 16).
Exelon Generating Company—Schuylkill Sta- 04904 X NOX .................. No.
tion.
Honeywell—Frankford Plant [formerly, Sunoco 01551 X NOX and VOC .. Yes ................... PA–51–1151 (02/09/
Chemical—Frankford Plant]. 16).
Kinder Morgan Liquids Terminals, LLC [for- 05003 X VOC .................. Yes ................... PA–51–5003 (02/09/
merly, GATX Terminals Corp.]. 16).
Naval Surface Warfare Center, Carderock Di- 09724 X NOX .................. Yes ................... PA–51–9724 (02/09/
vision (NSWCCD). 16).
Newman & Company, Inc. ............................... 03489 X NOX .................. No.
PaperWorks Industries Inc. [formerly, Jeffer- 01566 X NOX .................. Yes ................... PA–51–1566 (01/09/
son Smurfit, Corp./Container Corp. of Amer- 15).
ica].
Philadelphia Energy Solutions—Refining and 01501/01517 X NOX and VOC .. Yes ................... PA–51–01501 and
Marketing, LLC [formerly, Sunoco Inc. PA–51–01517 (02/
(R&M)—Philadelphia]. 09/16).
Philadelphia Gas Works—Richmond Plant ...... 04922 X NOX .................. Yes ................... PA–51–4922 (01/09/
15).
Philadelphia Prison System .............................. 09519 ........................ NOX .................. Yes ................... PA–51–9519 (02/09/
16).
Plain Products Terminals, LLC [formerly, 05013 X VOC .................. Yes ................... PA–51–05013 (02/09/
Maritank Philadelphia, Inc. and Exxon Com- 16).
pany, USA].
Temple—Health Sciences Campus ................. 08906 X NOX .................. Yes ................... PA–51–8906 (01/09/
15).
Temple—Main Campus .................................... 08905 ........................ NOX .................. Yes ................... PA–51–8905 (01/09/
15).
Veolia Energy—Edison Station [formerly 04902 X NOX .................. Yes ................... PA–51–4902 (01/09/
TRIGEN- Edison Station]. 15).
Veolia Energy—Schuylkill Station [TRIGEN— 04942/04944/ X NOX .................. Yes ................... PA–51–4942 (02/09/
Schuylkill Station]/Grays Ferry Cogeneration 10459 16)/PA–51–4944
Partnership/Veolia Energy Efficiency, LLC a. (01/09/15)/PA–51–
10459 (01/09/15).
a Grays Ferry Cogeneration Plant, Veolia Schuylkill, and Veolia Energy Efficiency have been aggregated as a single major source after the 1-
hour RACT determination. AMS submitted RACT documentation for each facility separately, although considering RACT applicability as a single
major source of NOX.
The source-specific RACT enforceable permits (hereafter RACT revised RACT permits, once approved
determinations submitted by AMS permits) issued by AMS for the source. by EPA, will supersede those permits
consist of an evaluation of all The new or revised RACT permits have currently in the SIP. All new or revised
reasonably available controls at this been submitted as part of the RACT permits submitted by AMS are
time for each affected emissions unit, Philadelphia RACT SIP revisions for listed in the last column of Table 1.
resulting in an AMS determination of EPA’s approval in the Pennsylvania SIP As part of the source-specific RACT
what specific control requirements, if under 40 CFR 52.2020(d)(1). For sources determinations, AMS is also certifying
any, satisfy RACT for that particular subject to previous RACT for certain emissions units at major
ehiers on DSK5VPTVN1PROD with PROPOSALS
unit. The adoption of new or additional determinations specified in RACT sources subject to source-specific RACT
controls or the revisions to existing permits under 40 CFR 52.2020(d)(1) for determinations under the 1-hour ozone
controls as RACT were specified as which AMS is revising or adopting NAAQS, which are part of the
requirements in new or revised federally additional source-specific controls, the Pennsylvania SIP at 40 CFR
11 The CTG RACT requirements are those source categories. Presumptive RACT requirements which are alternative compliance option for sources
specified in regulations in the Pennsylvania SIP and are those specified in 25 Pa Code section 129.93, subject to source-specific RACT.
are consistent with EPA’s CTGs for the affected
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![Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules 38997
52.2020(d)(1), that the existing RACT applicable thresholds for 1997 8-hour the 1997 8-hour ozone NAAQS (less
controls continue to represent RACT for ozone RACT. EPA concurs with AMS’s than 100 or 50 TPY, respectively).
the 1997 8-hour ozone NAAQS. For conclusion regarding the operational Sources that remain in operation must
these units, AMS did not propose status of Mondelez and thus determines still comply with the SIP approved
additional revisions. that the condition in the December 13, 1-hour ozone RACT determinations,
AMS submitted source-specific RACT 2013 conditional approval to submit a although not subject to 1997 8-hour
determinations for nine of the ten major source-specific RACT determination ozone RACT. AMS is formally
sources identified in EPA’s conditional under the 1997 8-hour ozone NAAQS requesting EPA to remove from the SIP
approval. AMS did not submit the for this source is no longer applicable. the 18 source-specific RACT
required source-specific RACT AMS is further certifying that there determinations approved under the
determination for Kraft Nabisco are 27 additional NOX and/or VOC 1-hour ozone NAAQS, as codified in 40
(formerly Nabisco Biscuit Co, and sources in Philadelphia subject to CFR 52.2020(d)(1). The shutdown
presently Mondelez), because it source-specific RACT determinations sources and their respective SIP
concluded that this source is no longer for the 1-hour ozone NAAQS in the approved RACT Permits are listed in
considered a major source of NOX and Pennsylvania SIP at 40 CFR Table 2. AMS certifies that none of these
VOC for 1997 8-hour ozone RACT. As 52.2020(d)(1) that are no longer subject shutdown facilities have active
clarified in the Philadelphia RACT SIP to RACT for purposes of the 1997 8-hour operating permits or air pollution
revisions, in 2012, Mondelez took ozone NAAQS. AMS clarifies that 18 of licenses for any equipment, and that
federally enforceable facility-wide limits these sources have permanently shut under Pennsylvania and Philadelphia
of 25 tons per year for both NOX and down, while the remaining nine are no regulations, they cannot operate until
VOC emissions, restricting the facility’s longer considered major sources of further notification and issuance of
potential emissions under the NOX/VOC emissions for RACT under applicable permits.
TABLE 2—SHUTDOWN MAJOR SOURCES OF NOX AND/OR VOC IN PHILADELPHIA SUBJECT TO PREVIOUS SOURCE-
SPECIFIC RACT DETERMINATIONS
SIP approved RACT
Source permit EPA’s SIP approval date
(effective date)
Aldan Rubber Company ......................................................................................................... PA–51–1561 (07/21/00) 10/30/01, 66 FR 54691.
Amoco Oil Company ............................................................................................................... PA–51–5011 (05/29/15) 10/31/01, 66 FR 54936.
Arbill Industries, Inc ................................................................................................................ PA–51–3811 (07/27/99) 10/30/01, 66 FR 54691.
Braceland Brothers, Inc .......................................................................................................... PA–51–3679 (07/14/00) 10/30/01, 66 FR 54691.
Budd Company ....................................................................................................................... PA–51–1564 (12/28/95) 12/15/00, 65 FR 78418.
Eastman Chemical [formerly, McWhorter Technologies, Inc.] ............................................... PA–51–3542 (07/27/99) 10/30/01, 66 FR 54691.
Graphic Arts, Incorporated ..................................................................................................... PA–51–2260 (07/14/00) 10/30/01, 66 FR 54691.
Interstate Brands Corporation ................................................................................................ PA–51–5811 (04/10/95) 12/15/00, 65 FR 78418.
Kurz Hastings, Inc. ................................................................................................................. PA–51–1585 (05/29/95) 10/31/01, 66 FR 54936.
Lawrence McFadden, Inc ....................................................................................................... PA–51–2074 (06/11/97) 10/31/01, 66 FR 54936.
O’Brien (Philadelphia) Cogeneration, Inc.—Northeast Water Pollution Control Plant ........... PA–51–1533 (07/21/00) 10/30/01, 66 FR 54691.
O’Brien (Philadelphia) Cogeneration, Inc.—Southwest Water Pollution Control Plant .......... PA–51–1534 (07/21/00) 10/30/01, 66 FR 54691.
Pearl Pressman Liberty .......................................................................................................... PA–51–7721 (07/24/00) 10/30/01, 66 FR 54691.
Philadelphia Baking Company ................................................................................................ PA–51–3048 (04/10/95) 10/31/01, 66 FR 54936.
Rohm and Haas Company—Philadelphia .............................................................................. PA–51–1531 (07/27/99) 10/31/01, 66 FR 54942.
Tasty Baking Co ..................................................................................................................... PA–51–2054 (04/04/95) 10/31/01, 66 FR 54942.
Transit America, Inc ................................................................................................................ PA–51–1563 (06/11/97) 11/5/01, 66 FR 55880.
SBF Communications ............................................................................................................. PA–51–2197 (07/21/00) 10/31/01, 66 FR 54942.
III. EPA’s Evaluation of SIP Revisions and VOC in Philadelphia not covered by quality. EPA’s complete analysis of the
Pennsylvania RACT regulations. Philadelphia RACT SIP revisions is
After thorough review and evaluation
EPA also finds that the all proposed included in the technical support
of the information provided by AMS in
revisions to previously SIP approved document (TSD) available in the docket
the Philadelphia RACT SIP revisions for
major sources of NOX and/or VOC in RACT requirements, as discussed in the for this rulemaking action and available
Philadelphia, EPA finds that the AMS Philadelphia RACT SIP revisions will on line at http://www.regulations.gov.
source-specific RACT determinations result in equivalent or additional As discussed earlier, EPA determined
and conclusions provided are reductions of NOX and/or VOC in the December 15, 2013 conditional
reasonable and address RACT emissions and should not interfere with approval that the Philadelphia 1997
requirements for Philadelphia for the any applicable requirement concerning 8-hour ozone RACT demonstration as
1997 8-hour ozone NAAQS in attainment or reasonable further provided in the 2006 and 2010 SIP
accordance with the Phase 2 Ozone progress with the NAAQS or interfere revisions adequately met RACT under
Implementation Rule and latest with other applicable CAA requirement the CAA, with exception of the source-
ehiers on DSK5VPTVN1PROD with PROPOSALS
available information. EPA finds that in section 110(l) of the CAA. In the case specific RACT requirements in 25 PA
the proposed source-specific RACT of AMS removal of RACT requirements Code sections 129.91–92 and the NOX
controls and emissions limits in the from the SIP that are no longer SIP Call related provisions in the
Philadelphia RACT SIP revisions applicable, as the sources have been Pennsylvania SIP in 25 Pa Code sections
adequately meet the CAA RACT permanently removed, EPA finds these 145.1–145.100, 25 Pa Code sections
requirements for the 1997 8-hour ozone SIP revisions to be adequate and will 145.111–145.113, and 25 Pa Code
NAAQS for each major source of NOX not have any adverse impact to air sections 145.141–144. In this proposed
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![Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules 38999
health or environmental effects, using ADDRESSES: Submit your comments, ensure more effective compliance with
practicable and legally permissible identified by Docket ID Number EPA– EPA SIP-approved state regulations for
methods, under Executive Order 12898 R01–OAR–2015–0238 at http:// reducing NOX emissions. We previously
(59 FR 7629, February 16, 1994). www.regulations.gov, or via email to approved source-specific TAOs of the
In addition, this proposed rule, Dahl.Donald@epa.gov. For comments same kind issued by CT DEEP under
regarding the Philadelphia RACT submitted at Regulations.gov, follow the this program for these same sources on
requirements under the 1997 8-hour online instructions for submitting September 28, 1999 (64 FR 52233),
ozone NAAQS, does not have tribal comments. Once submitted, comments March 23, 2001 (66 FR 16135), and
implications as specified by Executive cannot be edited or removed from September 9, 2013 (78 FR 54962). The
Order 13175 (65 FR 67249, November 9, Regulations.gov. For either manner of SIP submittal also includes Consent
2000), because the SIP is not approved submission, the EPA may publish any Order 8029A issued to Hamilton
to apply in Indian country located in the comment received to its public docket. Sundstrand which addresses Volatile
state, and EPA notes that it will not Do not submit electronically any Organic Compound (VOC) emissions.
impose substantial direct costs on tribal information you consider to be In our September 9, 2013 approval,
governments or preempt tribal law. Confidential Business Information (CBI) EPA acted on most of the TAOs
or other information whose disclosure is contained in CT DEEP’s July 1, 2004 SIP
List of Subjects in 40 CFR Part 52 restricted by statute. Multimedia revision submission to EPA. At that
Environmental protection, Air submissions (audio, video, etc.) must be time, EPA did not act on (1) TAO 8021
pollution control, Incorporation by accompanied by a written comment. issued to Pfizer; (2) TAO 8246 issued to
reference, Nitrogen dioxide, Ozone, The written comment is considered the Sikorsky Aircraft; (3) TAO 8110A issued
Reporting and recordkeeping official comment and should include to Yale University; and (4) Consent
requirements, Volatile organic discussion of all points you wish to Order 7019A issued to Hamilton
compounds. make. The EPA will generally not Sundstrand Corporation. On May 29,
consider comments or comment 2015, CT DEEP revised its July 1, 2004
Authority: 42 U.S.C. 7401 et seq.
contents located outside of the primary SIP revision submittal to EPA by
Dated: June 3, 2016. submission (i.e. on the web, cloud, or modifying TAO 8110A. Today we are
Shawn M. Garvin, other file sharing system). For acting on the modified version of TAO
Regional Administrator, Region III. additional submission methods, please 8110A. EPA will take action on TAOs
[FR Doc. 2016–14102 Filed 6–14–16; 8:45 am] contact the person identified in the FOR 8246 and 8021 at a future date. Lastly,
BILLING CODE 6560–50–P FURTHER INFORMATION CONTACT section. on April 22, 2014 the CT DEEP
For the full EPA public comment policy, withdrew Consent Order 7019A from
information about CBI or multimedia the 2004 SIP submittal.
ENVIRONMENTAL PROTECTION submissions, and general guidance on The CAA requires states to develop
AGENCY making effective comments, please visit Reasonably Available Control
http://www2.epa.gov/dockets/ Technology (RACT) regulations for all
40 CFR Part 52 commenting-epa-dockets. major stationary sources of NOX in areas
FOR FURTHER INFORMATION CONTACT: which have been classified as
[EPA–R01–OAR–2015–0238, FRL–9947–68- Donald Dahl, Air Permits, Toxics, and ‘‘moderate,’’ ‘‘serious,’’ ‘‘severe,’’ and
Region 1] Indoor Programs Unit, Office of ‘‘extreme’’ as well as in all areas of the
Ecosystem Protection, U.S. Ozone Transport Region (OTR). EPA has
Air Plan Approval; CT; NOX Emission Environmental Protection Agency, EPA defined RACT as the lowest emission
Trading Orders as Single Source SIP New England Regional Office, 5 Post limitation that a particular source is
Revisions Office Square, Suite 100, (OEP05–2), capable of meeting by the application of
Boston, MA 02109–3912, phone number control technology that is reasonably
AGENCY: Environmental Protection available considering technological and
Agency (EPA). (617) 918–1657, fax number (617) 918–
0657, email Dahl.Donald@epa.gov. economic feasibility (44 FR 53762;
ACTION: Proposed rule. September 17, 1979). This requirement
SUPPLEMENTARY INFORMATION:
is established by sections 182(b)(2),
SUMMARY: The Environmental Protection Throughout this document whenever
182(f), and 184(b) of the CAA.
Agency (EPA) is proposing to approve a ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Connecticut, as part of the OTR as
State Implementation Plan (SIP) EPA. well as being designated nonattainment
revision submitted by the State of Table of Contents for ozone, established NOX emission
Connecticut. This revision continues to limits for existing major sources in order
allow facilities to create and/or use I. Background and Purpose.
II. Analysis of State Submission to meet the RACT requirement. The
emission credits using NOX Emission NOX emission limits are codified in
III. Proposed Action
Trading and Agreement Orders (TAOs) IV. Statutory and Executive Order Reviews Regulations of Connecticut State
to comply with the NOX emission limits Agencies (RCSA) section 22a–174–22
required by Regulations of Connecticut I. Background and Purpose (Control of Nitrogen Oxides). These
State Agencies (RCSA) section 22a–174– On November 15, 2011, the state regulations were last approved by
22 (Control of Nitrogen Oxides). The Connecticut Department of Energy and EPA into the Connecticut SIP on
intended effect of this action is to Environmental Protection (CT DEEP) October 6, 1997. (See 62 FR 52016).
propose approval of the individual submitted a formal revision to its State As stated above, when determining
ehiers on DSK5VPTVN1PROD with PROPOSALS
trading orders to allow facilities to Implementation Plan (SIP). This SIP what constitutes RACT for a source, a
determine the most cost-effective way to revision consists of eighty-nine source- state and EPA need to consider both
comply with the state regulation. This specific Trading Agreement and Orders technology and economic feasibility.
action is being taken in accordance with (TAOs) that allow twenty-four For example, it is technically possible
the Clean Air Act (CAA). individual stationary sources of nitrogen for a source to install pollution control
DATES: Written comments must be oxide (NOX) emissions to create and/or devices in series to further reduce
received on or before July 15, 2016. trade NOX emission credits in order to emissions. However, if a state and EPA
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Document Created: 2016-06-15 02:21:16
Document Modified: 2016-06-15 02:21:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before July 15, 2016. | |
| Contact | Emlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected] | |
| FR Citation | 81 FR 38992 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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