[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Proposed Rules]
[Pages 13007-13011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04409]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0055; FRL-9785-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County Reasonably Available Control Technology
Under the 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania for Allegheny
County Health Department (ACHD). This SIP revision consists of a
demonstration that Allegheny County's portion of the Pennsylvania
requirements of reasonably available control technology (RACT) for
nitrogen oxides (NOx) and volatile organic compounds (VOCs) satisfies
the RACT requirements set forth by the Clean Air Act (CAA). This SIP
revision demonstrates that all requirements for RACT are met either
through Certification that previously adopted RACT controls in
Allegheny County's SIP that were approved by EPA under the 1-hour ozone
national ambient air quality standards (NAAQS) are based on the
currently available technically and economically feasible controls, and
continue to represent RACT for the 8-hour ozone NAAQS, a negative
declaration demonstrating that no facilities exist in Allegheny County
for certain control technology guideline (CTG) categories; and a new
RACT determination for a specific source. This action is being taken
under the CAA.
DATES: Written comments must be received on or before March 28, 2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0055 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2013-0055, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0055. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Allegheny County Health Department, Bureau of
Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201. Copies are also available at
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Emlyn Velez-Rosa, (215) 814-2038, or
by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Ozone is formed in the atmosphere by photochemical reactions
between VOC, NOx, and carbon monoxide (CO) in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment
[[Page 13008]]
areas to apply controls on VOC/NOx emission sources to achieve emission
reductions.
Since the 1970s, 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. See 72 FR 20586,
20610 (April 25, 2007). Section 182 of the CAA sets forth two separate
RACT requirements for ozone nonattainment areas. The first requirement,
contained in section 182(a)(2)(A) of the CAA, and referred to as RACT
fix-up, requires the correction of RACT rules for which EPA identified
deficiencies before the CAA was amended in 1990. The Pennsylvania RACT
fix-up SIP submittal was approved with a conditional limited approval
on March 23, 1998 (63 FR 13789) and later converted to a full approval
on October 22, 2008 (73 FR 62891).
The second requirement, set forth in section 182(b)(2) of the CAA,
applies to moderate (or worse) ozone nonattainment areas and attainment
areas in the ozone transport region (OTR) established pursuant to
section 184 of the CAA. These areas are required to implement RACT
controls on all major VOC and NOx emission sources and on all sources
and source categories covered by a CTG issued by EPA. Allegheny County
has adopted all CTGs and they are listed in Section II of this notice.
Further details of Allegheny County's RACT requirements can be found in
a Technical Support Document (TSD) prepared for this rulemaking and
included in the docket at EPA-R03-OAR-2013-0055.
Section 182(b)(2) of the CAA required Allegheny County to implement
RACT on all sources and source categories covered by a CTG issued by
EPA. Stationary sources with the potential to emit 50 tons per year or
more of VOCs or 100 tons per year or more of NOx that were not covered
by a CTG were also required to implement RACT.
The ozone transport region (OTR) is established by section 184 of
the CAA. Areas in the OTR are subject to OTR-specific RACT
requirements. Section 184(b)(1)(B) of the CAA requires the
implementation of RACT with respect to all sources of VOC covered by a
CTG. Additionally, section 184(b)(2) of the CAA requires the
implementation of major stationary source requirements as if the area
was a moderate nonattainment area on any stationary source with a
potential to emit at least 50 tons per year of VOC or 100 tons per year
of NOx. Because Allegheny County is in Pennsylvania which is in the
OTR, Allegheny County must comply with section 184(b)(1)(B) and (2) of
the CAA.
EPA requires for the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour ozone
NAAQS attainment purposes or through the establishment of new or more
stringent requirements that represent RACT control levels. See Final
Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990
Amendments Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated Gasoline (Phase 2 Rule), 70 FR
71612, 71655 (November 29, 2005). Sections 172(c)(1) and 182(b)(2) of
the CAA require that all SIPs satisfy the NOx and VOCs RACT
requirements that apply in areas that have not attained the NAAQS for
ozone. See 42 U.S.C. 7502(c)(1), 7511a(b)(2), and 7511a(f). EPA has
determined that states that have RACT provisions approved in their SIPs
for 1-hour ozone nonattainment areas have several options for
fulfilling the RACT requirements for the 8-hour ozone NAAQS. If a state
meets certain conditions, it may certify that previously adopted 1-hour
ozone RACT controls in the SIP continue to represent RACT control
levels for purposes of fulfilling 8-hour ozone RACT requirements.
Alternatively, a state may establish new or more stringent requirements
that represent RACT control levels, either in lieu of or in conjunction
with a certification.
As set forth in the preamble to the Phase 2 Rule, 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 (70 FR 71612, 71655). This information
may supplement existing RACT guidance documents that were developed for
the 1-hour ozone standard, such that the state's SIP accurately
reflects RACT for the 8-hour ozone standard based on the current
availability of technically and economically feasible controls.
Establishment of new RACT requirements will 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.
Another 8-hour ozone NAAQS requirement for RACT is to submit a negative
declaration if there are no CTG sources or major sources of VOC and NOx
emissions in lieu of or in addition to a certification.
II. Summary of the SIP Revision
On May 5, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a revision on behalf of ACHD for its SIP
that addresses the requirements of RACT under the 8-hour ozone NAAQS
set forth by the CAA. Allegheny County's SIP revision is consistent
with the process in the Phase 2 Rule preamble and satisfies the
requirements of RACT set forth by the CAA under the 8-hour ozone NAAQS
through: (1) Certification that previously adopted RACT controls in
Allegheny County's SIP, which were approved by EPA under the 1-hour
ozone NAAQS, are based on the currently available, technically and
economically feasible controls and continue to represent RACT for the
8-hour ozone NAAQS; (2) a negative declaration demonstrating that no
facilities exist in Allegheny County for the applicable CTG categories;
and (3) a new RACT determination for a single source based upon
reliance on the Maximum Achievable Control Technology (MACT) standard
as allowed in the Phase 2 Rule.
A. VOC CTG RACT Controls
Allegheny County's Regulations, codified at Article XXI, contain
the County's CTG VOC RACT controls that were implemented and approved
in the Allegheny County SIP under the 1-hour ozone NAAQS. Table 1 lists
Allegheny County's VOC RACT controls for which Allegheny County has
provided the required evaluation and is certifying as meeting the 8-
hour ozone NAAQS RACT requirements. Revisions to Article XXI section
2105.10 for surface coating processes and related definitions found in
Article XXI section 2101.20 were made after this May 5, 2009 SIP
submittal and approved by EPA into the Pennsylvania SIP on December 28,
2010 (75 FR 81480) and supersede the May 5, 2009 submittal. EPA
approved new regulations in the December 28, 2010 rulemaking action
including emission limits for Large Appliance and Metal Surface
Coatings, Article XXI section 2105.77 and emission limits for Paper,
Film, and Foil Surface Coatings, Article XXI section 2105.79. Allegheny
County also incorporated by reference Pennsylvania's Consumer Products
Rule that amended Article XXI section 2105.88, which was finalized by
EPA on
[[Page 13009]]
November 29, 2012 (77 FR 71115) and supersedes the May 5, 2009
submittal. In this proposal EPA is not taking action on those CTG Rules
below that have been revised and approved by EPA after the May 5, 2009
submittal.
Table 1--Allegheny County's CTG VOC RACT Controls
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Existing stationary sources--40 CFR 52.2020(C)
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Federal
Article XXI Section State Register date
CTG for RACT basis effective date for SIP Citation
approval
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2105.10 VOC Sources Surface Coating Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Processes. Organic Emissions from 07/10/03 06/24/2005 70 FR 36511
Existing Stationary
Sources, Volume II:
Surface Coating of
Cans, Coils, Paper,
Fabrics, Automobiles,
and Light-Duty Trucks.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume III:
Surface Coating of
Metal Furniture.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume IV:
Surface Coating for
Insulation of Magnet
Wire.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume V:
Surface Coating of
Large Appliances.
Control of Volatile
Organic Emissions from
Existing Stationary
Sources, Volume VI:
Surface Coating of
Miscellaneous Metal
Parts and Products.
2105.11 VOC Sources Graphic Arts Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Systems. Organic Emissions from
Existing Stationary
Sources, Volume VIII:
Graphic Arts--
Rotogravure and
Flexography.
2105.12 VOC Sources VOC Storage Tanks. Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Petroleum Liquid
Storage in External
Floating Roof Tanks.
2105.13 Gasoline Loading Facilities... Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Bulk Gasoline Plants.
Design Criteria for
Stage I Vapor Control
Systems--Gasoline
Service Stations.
2105.15 Degreasing Operations......... Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Solvent Metal Cleaning.
2105.16 Cutback Asphalt Paving........ Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Compounds from
Use of Cutback Asphalt.
2105.17 Ethylene Production Facilities ........................ 10/20/1995 11/14/2002 67 FR 68935
2105.19 Synthetic Organic Chemical and Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Polymer Manufacturing--Fugitive Organic Compound
Emissions. Fugitive Emissions from
Synthetic Organic
Chemical Polymer and
Resin Manufacturing
Equipment.
2105.70 Petroleum Refineries.......... ........................ 10/20/1995 11/14/2002 67 FR 68935
2105.71 Pharmaceutical Products....... Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Organic Emissions from
Manufacture of
Synthesized
Pharmaceutical Products.
2105.72 Manufacture of Pneumatic Control of Volatile 10/20/1995 11/14/2002 67 FR 68935
Rubber Tires. Organic Emissions from
Manufacture of
Pneumatic Rubber Tires.
2105.74 Aerospace Manufacturing and Aerospace............... 07/10/2003 06/24/2005 70 FR 36511
Rework.
2105.75 Mobile Equipment Repair and ACT: Automobile Body 07/10/2003 06/24/2005 70 FR 36511
Refinishing. refinishing.
2105.76 Wood Furniture Manufacturing Wood Furniture.......... 07/10/2003 06/24/2005 70 FR 36511
Operations.
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ACHD also submitted a negative declaration certifying that the
following VOC CTG sources listed in table 2 do not exist in Allegheny
County, and therefore ACHD does not need to adopt CTGs for these
sources. Table 2 lists VOC CTG sources in Allegheny County's negative
declaration.
Table 2--VOC CTG Sources for Which No Applicable Facilities Exist in
Allegheny County
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Control of Volatile Organic Compound Emissions From Large Petroleum Dry
Cleaners.
Control of Volatile Organic Emissions From Existing Stationary Sources,
Volume II: Factory Surface Coating of Flat Wood Paneling.
Control of Volatile Organic Compound Equipment Leaks From Natural Gas/
Gasoline Processing Plants.
Control of Volatile Organic Compound Emissions From Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions From Reactor Processes
and Distillation Operations Processes in the Synthetic Organic Chemical
Manufacturing Industry.
Control Techniques Guidelines for Shipbuilding and Ship Repair
Operations.
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[[Page 13010]]
B. Source-Specific RACT Controls
Table 3 lists Allegheny County's source-specific RACT controls,
which were implemented and approved into the SIP under the 1-hour ozone
NAAQS, for which Allegheny County is certifying as meeting the 8-hr
ozone NAAQS RACT requirements for VOC and/or NOX. EPA
approved into the Pennsylvania SIP new NOX emission control
regulation for Glass Melting Furnaces in Allegheny County on November
29, 2012 (77 FR 71117) which regulation supersedes the source-specific
RACT determinations submitted in the May 5, 2009 submittal for sources
where Article XXI, section 2105.101 is applicable. Allegheny County
submitted a revision on January 25, 2012 removing all references to the
cap and trade programs, NOX SIP Call or Clean Air Interstate
Rule (CAIR) because it certified that those electrical generating units
(EGUs) subject to such programs have source-specific RACT controls that
do not rely on the trading programs and because the U.S. Court of
Appeals for the District of Columbia Circuit ruled in the National
Resources Defense Council v. EPA, 571 F.3d 1245, 1256 (July 10, 2009),
that ``regionwide RACT-level reductions in emissions do not meet the
statutory requirement that the reductions be from sources in the
nonattainment area.''
Table 3--Source-Specific RACT Controls
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State Federal
Facility name effective date Pollutant Register date Citation
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Allegheny Ludlum Corporation.... 12/19/1996 NOX/VOC............... 10/18/2001 66 FR 52857.
Ashland Specialty Chemical Co... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52506.
Bay Valley Foods................ 06/09/2005 NOX................... 05/11/2006 71 FR 27394.
Bellefield Boiler Plant......... 12/19/1996 NOX................... 10/12/2001 66 FR 52044.
Eastman Chemical Resins, Inc.... 11/01/1999 NOX/VOC............... 10/16/2001 66 FR 52506.
GE Lighting LLC................. 12/19/1996 NOX................... 10/16/2001 66 FR 52527.
Guardian Industries Corp........ 08/27/1996 NOX................... 10/16/2001 66 FR 52527.
Koppers Industries, Inc......... 08/27/1996 VOC................... 10/17/2001 66 FR 52700.
Neville Chemical Co............. 12/13/1996 NOX/VOC............... 10/16/2001 66 FR 52506.
NRG Energy Center............... 06/09/2005 NOX................... 05/11/2006 71 FR 27394.
Orion Power Brunot Island....... 08/27/1996 NOX/VOC............... 10/15/2001 66 FR 52327.
Orion Power Cheswick............ 03/08/1996 NOX................... 10/18/2001 66 FR 52867.
PACT--Pennsylvania Allegheny 03/04/1996 NOX................... 10/12/2001 66 FR 52044.
County Thermal.
Port Glenshaw Glass, LLC........ 03/10/2000 NOX/VOC............... 10/16/2001 66 FR 52527.
PPG Industries, Inc Springdale.. 12/19/1996 VOC................... 10/12/2001 66 FR 52050.
Pressure Chemical Company....... 06/11/1997 VOC................... 10/17/2001 66 FR 52700.
Shenango Inc.................... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
US Steel Clairton............... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
US Steel Edgar Thomas........... 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
US Steel Irvin.................. 12/30/1996 NOX/VOC............... 10/16/2001 66 FR 52511.
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Finally, the Laurel Mountain Whirlpool facility did not have a 1-
hour ozone NAAQS RACT determination, but is subject to the MACT
standards of 40 CFR 63 subpart WWWW, which has been determined
sufficient for VOC 8-hour ozone NAAQS RACT in accordance with the Phase
2 Rule. Further details of ACHD's RACT re-evaluations can be found in
the TSD prepared for this rulemaking.
III. Proposed Action
EPA is proposing to approve the ACHD SIP revision that addresses
the requirements of RACT under the 8-hour ozone NAAQS, which was
submitted on May 5, 2009. This SIP revision includes a combination of:
(1) Certifications that previously adopted RACT controls in
Pennsylvania's SIP which were approved by EPA under the 1-hour ozone
NAAQS are based on the currently available, technically and
economically feasible controls and continue to represent RACT for the
8-hour ozone NAAQS; (2) a negative declaration demonstrating that no
facilities exist in Allegheny County for the applicable CTG categories;
and (3) a new RACT determination for a single source. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
IV. 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 proposes to approve 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 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using
[[Page 13011]]
practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the Allegheny County RACT 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: February 14, 2013.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2013-04409 Filed 2-25-13; 8:45 am]
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