SUPPLEMENTARY INFORMATION:

On January 21, 2025, the Pennsylvania Department of Environmental Protection (PADEP) submitted a revision to the Pennsylvania SIP relating to source-specific RACT requirements at the Equitrans, Inc. Hartson Compressor Station in Washington County, Pennsylvania.

I. Background

A. RACT Requirements for Ozone

The CAA regulates emissions of oxides of nitrogen (NO_X) and volatile organic compounds (VOC) from certain sources in certain parts of the country to prevent photochemical reactions that result in ground-level ozone formation. RACT is an important strategy for reducing NO_X and VOC emissions from major stationary sources. Areas designated nonattainment for the ozone NAAQS are subject to the general nonattainment area planning requirements of CAA section 172. Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM), including emissions reductions from existing sources through adoption of RACT. Further, section 182(b)(2) of the CAA sets forth three specific RACT requirements for ( printed page 46350) ozone nonattainment areas classified as Moderate or higher nonattainment. First, CAA section 182(b)(2)(A) requires that states submit a revision to their SIP requiring implementation of RACT for each category of VOC sources in the nonattainment area covered by a control techniques guideline (CTG) document issued by the EPA between November 15, 1990 and the date of attainment for an ozone NAAQS. Second, CAA section 182(b)(2)(B) requires a SIP revision to implement RACT for all VOC sources in the nonattainment area covered by any CTG issued before November 15, 1990. Third, CAA section 182(b)(2)(C) requires a SIP revision implementing RACT for any other major source of VOC located in the nonattainment area. This RACT requirement is extended to major stationary sources of NO_X via section 182(f) of the CAA, which subjects major stationary sources of NO_X to the same RACT requirements that are applicable to major stationary sources of VOC.

Section 184(b)(1)(B) of the CAA applies the RACT requirements in CAA section 182(b)(2) to areas that would not otherwise be subject ( i.e., nonattainment areas classified as Marginal and attainment areas), when such areas are located within ozone transport regions established pursuant to section 184 of the CAA. Section 184(a) of the CAA established by law the current Ozone Transport Region (OTR) comprised of 12 eastern states, including Pennsylvania. As part of the OTR, the entire Commonwealth of Pennsylvania, regardless of each area's attainment designation, is subject to the RACT requirements of CAA sections 182(b)(2) and 182(f), pursuant to section 184(b).

B. Previous RACT Approval

On October 17, 2001, the EPA took final action to approve source-specific VOC and NO_X RACT determinations for the 1997 ozone NAAQS for five individual sources in the Pittsburgh-Beaver Valley area.^[1] Included among those determinations was one pertaining to the Equitrans, Inc. Hartson Compressor Station. PADEP determined that annual and short-term emissions limits (108 tons/year and 43 pounds/hour (lb/hr)), plus an annual operating limit of 5,000 hours for each engine constituted RACT level control for each of the facility's three Cooper-Bessamer GMV-10 engines (Source ID's 101, 102, and 103). These limits were incorporated into an operating permit (RACT Operating Permit No. 63-000-642, effective July 10, 1995), which was then submitted to the EPA for approval into the Pennsylvania SIP as federally enforceable RACT requirements.

II. Summary of SIP Revision and the EPA's Analysis

PADEP initially imposed the 5,000-hour restriction after having concurred with the facility's determination that installing “CleanBurn” conversion packages on the engines to reduce NO_X emissions was economically infeasible. Subsequently, the facility sought to install the controls despite having previously determined them to be economically infeasible under RACT. PADEP issued a permit authorizing the installation of Clean Burn technology on the engines (Plan Approval No. 63-00632A; May 2, 2012). The installation of controls significantly reduced potential NO_X emissions from each engine, from 43 lb/hr to 5.95 lb/hr. Even at full utilization (8,760 hours per year), this represents a reduction from the uncontrolled emissions at 5,000 hours per year.^[2] Therefore, the company requested that the 5000-hr operating restriction be removed.

PADEP agreed to remove the 5000-hr restriction and issued a revision to operating permit 63-000642 on February 21, 2023. In addition to removing the operating restriction, PADEP revised the short- and long-term NO_X limits from 43 lb/hr and 108 tons/yr to 5.95 lb/hr and 26.07 tons/year. The existing non-methane volatile organic compound limits from the original permit (1 lb/hr and 3 tons/yr) were also incorporated into the revised permit. The remaining conditions of the 1995 operating permit that were approved into the Pennsylvania SIP are unchanged and will remain in effect. These include the testing, monitoring, recordkeeping, and reporting requirements necessary to demonstrate compliance with the limits.

III. Proposed Action

The EPA's review of this material indicates that it is consistent with all applicable CAA requirements. Because the proposed revision will result in a decrease in emissions as compared to the previously approved SIP, the EPA finds that it will not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement, in accordance with CAA section 110(l). The EPA is proposing to approve PADEP's January 21, 2025 submittal as a revision to the Pennsylvania SIP. The EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

IV. Incorporation by Reference

In this document, the 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, the EPA is proposing to incorporate by reference a source specific RACT permit as described in section II of this document. Except as revised by the new entry, the previously approved entry for this source remains in effect. These permits establish and require reasonably available control technology for certain sources at Equitrans, Inc. Hartson Compressor Station in Washington County, Pennsylvania. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

IV. 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 Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed 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 underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not anExecutive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866;
• 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 ( printed page 46351) in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act.

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

91 FR 46349