[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2147-2154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-930]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 098-4055; FRL -5946-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 15 Percent Plan and 1990 VOC Emission Inventory for the
Pittsburgh-Beaver Valley Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is granting conditional interim approval of the State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania, for the Pittsburgh-Beaver Valley moderate ozone
nonattainment area (the Pittsburgh area), to meet the 15 percent rate-
of-progress (the 15% plan), requirements of the Clean Air Act. EPA is
granting conditional interim approval because the 15% plan submitted by
Pennsylvania for the Pittsburgh area relies on an enhanced motor
vehicle inspection and maintenance (I/M) program, for which EPA has
granted
[[Page 2148]]
conditional interim approval. Conditional approval is also merited
because EPA is granting conditional approval to the 1990 base year
emissions inventory, upon which the 15% plan is dependent. Finally, EPA
is conditionally approving the Pittsburgh 1990 (VOC) emission
inventory, to allow Pennsylvania up to one year to supply accurate
information for certain stationary emissions sources.
DATES: This action is effective on February 13, 1998.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
U.S. Environmental Protection Agency--Region III, 841 Chestnut
Building, Philadelphia, Pennsylvania, 19107 and the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, Ozone/Carbon Monoxide
and Mobile Sources Section (3AT21), USEPA--Region III, 841 Chestnut
Building, Philadelphia, Pennsylvania 19107, or by telephone at: (215)
566-2176 or via e-mail at: [email protected].
SUPPLEMENTARY INFORMATION: On January 22, 1997, EPA proposed
conditional interim approval of the Pittsburgh area's 15% plan and 1990
VOC emission inventory (62 FR 3254). The basis for EPA's action is that
the Pittsburgh area's 15% plan on its face achieves the required 15%
VOC emission reductions, but does not contain the required verification
of emission calculations necessary for full approval. Furthermore, it
relies upon the Pennsylvania enhanced inspection and maintenance (I/M)
program which received final conditional interim approval on January
28, 1997 (62 FR 4004). The details of the March 22, 1996 Pennsylvania
15% plan submittal are contained in the January 22, 1997 notice and
accompanying technical support document and will not be reiterated
here. The discussion here will address additional information submitted
by Pennsylvania on February 18, 1997 and EPA's responses to the public
comments received on the proposed rulemaking notice. This action is
being taken under section 110 of the Clean Air Act (the Act).
I. Pennsylvania's February 18, 1997 Supplement to the 15% Plan SIP
The Pennsylvania Department of Environmental Protection (PA DEP)
submitted a letter to EPA on February 18, 1997, within the required
time frame, committing to satisfy all the conditions listed by EPA in
the January 22, 1997 proposed rulemaking notice and within the time
frames required by that notice. On February 18, 1997, PA DEP also
submitted an addendum to its 15% plan, consisting of additional
documentation to satisfy some of the conditions listed by EPA in its
January 22, 1997 proposed conditional interim approval notice.
Specifically, PA DEP submitted additional stationary source
documentation (identified as Attachment 1 of its SIP addendum) to
validate emissions reduction claims in the 15% plan from stationary
sources benefitting from national emission standards for hazardous air
pollutants (or NESHAPS) for benzene from coke production and related
processes and from reasonably available control strategy (or RACT) for
volatile organic compound (VOC) sources. Part of this documentation is
the detailed emission inventory summary/breakdown, on a unit-by-unit
basis, for the Allegheny County portion of the Pittsburgh area that was
not included in PA DEP's March 22, 1996 submittal. Also included is a
comparison of the VOC RACT and base year emission inventory totals for
certain facilities identified by EPA in the proposed rulemaking as
having inconsistent emissions levels.
The PA DEP's February 18, 1997 SIP addendum also includes updated
information for the non-road and area source portions of its 15% plan
and base year inventory (Attachment 2 of the addendum). This attachment
contains a revised VOC area source emissions summary table, by source
category by county, as well as sample calculations for determining the
emissions from those area source categories.
Supplemental mobile source documentation is contained in Attachment
3 of the SIP addendum. This documentation consists of a summary table
containing MOBILE5 model emissions factors and vehicle miles of travel
(VMT) estimates for various road facilities and time frames for the
Allegheny County portion of the Pittsburgh area. The Commonwealth
utilized a post-processor model called PPAQ to generate extensive
numbers of MOBILE modeling runs and to combine those runs with VMT to
produce county-wide on-highway mobile source emissions estimates.
Because of the difficulty associated with documenting the operation of
that model, the table in Attachment 3 of the SIP addendum provides a
means to understand the methodology employed by the PPAQ model for the
determination of highway motor vehicle emissions.
Finally, the February 18, 1997 SIP addendum reflects organizational
changes to PA DEP's 15% plan. First, credit for the portion of the
enhanced I/M program that the Commonwealth previously claimed in the
contingency measures portion of the SIP has been applied to the 15%
plan control strategy measures portion of the plan. Second, the credit
for waste treatment, storage, and disposal facilities (or TSDFs) that
were included in the VOC control measures portion of the plan have been
moved to the contingency measures portion of the plan. This plan
reorganization does not alter the implementation of any control
measure, nor does it affect the total reductions claimed to achieve the
15% plan. Attachment 4 of the February 18, 1997 SIP addendum contains
revised charts and tables to reflect these organizational changes to
the SIP. Other notable control measure credit claim differences between
the previous SIP and the amended version include: a decrease in
Pennsylvania's claimed reductions from a pending federal reformulation
rule for architectural, industrial and maintenance (or AIM) coatings
category (changed from 5.05 tons per day to 4.93 tons per day); and an
increase in claimed credit from the pending federal rule for the
reformulation of autobody refinishing coatings (from 2.55 tons per day
to 4.62 tons per day).
EPA's evaluation of the February 18, 1997 addendum submitted by
Pennsylvania is detailed in the technical support document (TSD) that
is part of the docket to this rulemaking. Briefly, EPA has determined
that Pennsylvania has resolved the inconsistencies with the 1990 VOC
emissions inventory, with the exception of certain emissions sources at
J & L Specialty Steel, Inc. and Indspec Chemical Corporation.
Consequently, EPA is conditionally approving the 1990 VOC emission
inventory submitted on March 22, 1996 for the Pittsburgh nonattainment
area to allow Pennsylvania to resolve the uncertainty of the levels of
emissions from these two facilities. Presently, the 1990 emissions
inventory levels for these sources are not consistent with VOC RACT
plans for those same sources. The PA DEP has committed to amend the
1990 inventory to address this issue.
The PA DEP's revised Pittsburgh 15% plan SIP claims total 15%
control measure emissions reductions of 67.63 tons per day of VOC for
all measures credited under the 15% plan (excluding growth and pre-1990
control measures). A summary of control measures, and their
corresponding emissions reductions, applied by the
[[Page 2149]]
Commonwealth to the 15% plan is provided below in Table 1. This table
also lists the reductions levels EPA has deemed creditable towards the
15% plan, per the Agency's review of the SIP. The PA DEP's summary
totals shown below were taken from Table 5.2 of Attachment 4 to the
February 18, 1997 SIP addendum, which provides a breakdown of PA DEP's
total expected reductions from all creditable measures. This total is
slightly more than the 67.48 tons per day previously expected by the
Commonwealth. Therefore, the 15% plan revisions do not jeopardize the
ability of the Pittsburgh area to meet the 15% target level of VOC
emissions reductions required by the Act.
Table 1.--Expected Reductions From The Required VOC Control Measures
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Pennsylvania EPA creditable
expected reduction
Control measure Emissions category reduction estimates
(tons/day) (tons/day)
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Benzene NESHAPS for coke ovens & related Point Source.................... 35.00 35.20
processes.
AIM Coating Reformulation Federal Rule........ Area Source..................... 4.93 5.05
Autobody Refinishing Coating Reformulation Area Source..................... 4.62 2.55
Federal Rule.
Consumer Products Reformulation Federal Rule.. Area Source..................... 4.35 4.35
Waste Transportation, Storage, and Disposal Area Source..................... 0.00 0.00
Facilities (TSDFs) Federal Rule.
New Standards for Motor Vehicles (Tier I)..... On-Highway Mobile Sources....... 6.24 6.24
Motor Vehicle I/M Program..................... On-Highway Mobile Sources....... 12.29 12.29
===============================
Total (tons/day)........................ ................................ 67.43 65.68
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Total Control Measure Reductions Needed ................................ .............. 64.22
in the Pittsburgh Area
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As a result of the additional documentation provided by PA DEP on
February 18, 1997, Pennsylvania has substantially satisfied conditions
#1 through #3 listed in the notice of proposed rulemaking. The
remaining conditions (#4 and #5) pertain to the enhanced inspection and
maintenance (I/M) program. Under the National Highway Systems
Designation Act of 1995, states choosing to adopt decentralized I/M
programs are allowed to assume a reasonable credit level for such a
program, and be afforded time to evaluate the actual reductions of the
program after a short demonstration period. Therefore, EPA cannot fully
approve the reductions from an I/M program that are credited towards
the 15% plan until the Commonwealth demonstrates that the associated
reductions are appropriate and valid. As a result of these statutory
changes, states are required to recalculate the benefits of their I/M
programs, and the associated reductions in the 15% plans. Pennsylvania
expects to satisfy those I/M related conditions of its 15% plan within
the required time frames established by EPA's January 28, 1997 interim
conditional rulemaking on that program (62 FR 4004).
II. Public Comments and Responses
Pursuant to the January 22, 1997 proposed rulemaking notice, PA DEP
submitted comments in the form of a SIP submittal addendum to EPA on
February 18, 1997. The February 18, 1997 comments from PA DEP are not
adverse in nature and do not take issue with EPA's proposed conditional
approval action on its SIP revision. Rather, PA DEP's submittal of
February 18, 1997 provides information relative to the conditions
imposed in EPA's notice of proposed rulemaking. The PA DEP's comments
and EPA's responses follow below.
Comment #1: The PA DEP's February 18, 1997 supplemental submittal
indicates that there is still a degree of uncertainty in the
determination of 1990 emissions for J&L Specialty Steel, Inc. and
Indspec Chemical Corp. The PA DEP agrees that it is necessary to amend
the 1990 inventory in the future. PA DEP believes EPA should approve
the remainder of the base year inventory, with these issues to be
resolved at a later date.
Response #1: As described above, Pennsylvania's February 18, 1997
addendum to its March 22, 1996 submittal resolves most of the emission
inventory and creditability issues discussed in EPA's proposed
rulemaking notice. Supplemental documentation provided by PA DEP
includes source specific information for stationary sources, a summary
table demonstrating the methodology used for the highway motor vehicle
modeling analysis, and sample calculations and summary tables for area
and non-road emissions categories. As a result, EPA has determined that
Pennsylvania has satisfied conditions related to this comment (i.e.,
conditions #1 and #2) from the January 22, 1997 proposed rulemaking
notice (62 FR 3254). The remaining conditions of the proposed approval
pertain to I/M and reductions from two benzene NESHAPs for coke
production and related processes. For the enhanced I/M program,
Pennsylvania is afforded additional time in accordance with the
National Highway Systems Designation Act. Consequently, the inventory-
related defects identified in the January 1997 proposed rulemaking
notice have been remedied. EPA's detailed analysis of the amended base
year inventory is included in the TSD for this action.
Comment #2: The PA DEP commented that the February 19, 1997 SIP
addendum contains revised target level calculation, which should
supersede those of the March 22, 1996 SIP. In particular, enhanced I/M
program reductions from the contingency plan were moved to the control
measure portion of the 15% plan, and TSDF category reductions expected
from the promulgation of a federal rule have been moved from the
control measure portion of the 15% plan to the contingency plan. The PA
DEP also commented that EPA misinterpreted PA DEP's earlier emissions
reduction claims associated with the national rules for the control of
AIMs, TSDFs, and consumer products. Pennsylvania submitted, as part of
its SIP addendum, new summary information that clarifies its claims for
various VOC control measures. PA DEP commented that these revisions and
clarifications should be considered by EPA in its final rulemaking
action.
Response #2: EPA acknowledges Pennsylvania's clarifying revision to
the 15% plan, submitted after EPA's
[[Page 2150]]
January 22, 1997 action proposing conditional interim approval of the
15% plan, was made in response to prior comment from EPA. In
particular, EPA had objected to the partial allocation of enhanced I/M
program VOC reductions between the 15% plan, as well as to the separate
plan for contingency measures. EPA indicated that reductions from
implementation of an enhanced I/M program were either to be credited
wholly to the 15% plan, or wholly to the contingency measure plan.
Therefore, PA DEP's action to shift the entire enhanced I/M program VOC
reductions to the 15% plan was taken, in part, at EPA's behest.
EPA supports the Commonwealth's resulting estimates for VOC
reductions from the 15% plan control measures. However, EPA was unable
to validate all the reductions claimed by PA DEP, based upon the
supplemental information for the 1996 projected uncontrolled emissions
inventory provided by the Commonwealth. For some area source control
measures in the 15% plan, EPA arrived at slightly different control
measure reduction estimates (based on the PA DEP's area source
inventory information and the control measure reductions claimed by PA
DEP) for the pending national reformulation rules applicable to the
architectural and industrial maintenance coating and autobody
refinishing source categories. The results of EPA's review of this
information are summarized in table 1 of this notice, above. For
complete details of EPA's review of the reduction claims for these
programs, refer to the technical support document for this action.
However, regardless of the changes to the control measures
applicable to the 15% plan's target and the slight inaccuracies in
calculation of the benefit of certain area source control measures,
EPA's review yielded a similar overall net VOC reduction in the amended
15% plan. EPA believes that the PA DEP's revised 15% plan will achieve
a level of reduction necessary to satisfy Federal 15% plan
requirements. Thus EPA considers PA DEP's revisions and minor errors as
a minor accounting error, which does not affect the overall emissions
reduction goal. EPA is therefore approving PA DEP's estimates (i.e.,
total creditable control measure reductions of 65.68 tons/day, versus
PA DEP's claim of 67.43 tons/day) as the creditable level of reductions
from the control measures contained in the 15% plan. These reductions
satisfy the intent of the law, since only 64.22 tons/day of VOC
reduction is necessary to meet the 15% plan requirements based upon
Pennsylvania's target level calculation. For details of EPA's review,
refer to the technical support document for this action.
Comment #3: The PA DEP committed to remodel its enhanced I/M
program benefits according to the methodology set forth in a December
1996 EPA policy memorandum, in order to ensure that the program
achieves the reductions claimed in the 15% plan. PA DEP also wished to
clarify that this remodeling effort should not be confused with the I/M
program performance modeling demonstration, which was submitted in a
November 1, 1996 addendum to the I/M SIP.
Response #3: EPA agrees with the PA DEP's comment. By submitting a
commitment to remodel the enhanced I/M program benefits for the 15%
plan, EPA can conditionally approve the Pittsburgh 15% plan, as
specified in Condition #4 of EPA's January 22, 1997 proposed
conditional interim approval action (62 FR 3254). EPA has not confused
the I/M performance standard remodeling (as submitted in November of
1996 to satisfy I/M program SIP requirements) with the modeling
required for this 15% plan for the purpose of demonstrating reasonable-
further-progress towards attainment of national air quality standards.
Comment #4: PA DEP expressed concern that EPA stated in its January
22, 1996 proposed conditional interim approval rulemaking that EPA
would review the whole 15% plan and the 1990 base year VOC inventory
for Pittsburgh when the Commonwealth submits an amended 15% plan. PA
DEP intends to submit the 15% plan enhanced I/M remodeling
demonstration as a supplement to the plan. PA DEP expects that EPA will
take action only upon the supplements, and will not re-review the
entire plan and inventory.
Response #4: EPA is acting today on the 15% plan and the 1990 base
year VOC inventory submitted by the Commonwealth, as revised on
February 18, 1997. Due to the remaining deficiencies, EPA must
conditionally approve these SIP revisions. Until such time as the
Commonwealth remedies the remaining deficiencies with this plan, upon
which approval is conditioned, EPA cannot fully approve the plan.
Furthermore, the plan can only be approved on an interim basis, until
the Commonwealth completes and submits in NHSDA demonstration of the I/
M program. To the extent that the supplemental information to be
submitted by the Commonwealth for the purposes of remedying the above
deficiencies serves only to remedy those deficiencies, EPA would not
re-review the entire SIP. However, if additional information is
submitted by Pennsylvania, would influence EPA's previous rulemaking
action, then EPA would need to re-review the entire 15% plan SIP
revision, in light of the new supplemental information.
III. 1990 VOC Emissions Inventory
The PA DEP's February 18, 1997 SIP addendum does not alter
Pennsylvania's 1990 VOC base year emissions inventory for the
Pittsburgh area. Rather, the Commonwealth has submitted additional
documentation to satisfy the conditions of EPA's January 22, 1997
proposed conditional approval of the base year inventory. In
particular, EPA's concerns focused on the level of documentation of the
inventory, which prevented recreation of the Commonwealth's inventory
estimates in some instances. These inventory shortfalls focused on
several stationary sources where EPA identified inconsistencies between
source-specific Reasonable Available Control Plan (or RACT) plan
inventories for several sources and PA DEP 1990 base year SIP inventory
levels for the same sources. Also, further documentation was necessary
to clarify the area source and non-road inventory, and to demonstrate
the methodologies and outcomes of Pennsylvania's Post Processor for Air
Quality (or PPAQ) model used to estimate highway mobile source
emissions for the 1990 inventory. The documentation provided by
Pennsylvania in the February 18, 1997 addendum to the SIP addresses
EPA's concerns. For further information on the supplemental information
provided by the PA DEP, and EPA's analysis of the Commonwealth's
inventory, please refer to the TSD for this action.
EPA is approving the Commonwealth's VOC inventory in today's
action. However, this approval is being conditioned, due to missing
emissions baselines for two stationary point sources--J & L Specialty
Steel, Inc. and Indspec Chemical Corp. Each of these sources has listed
base year emissions in their source-specific RACT SIP plans, which do
not correspond to emissions in the Commonwealth's official base year
1990 inventory. The PA DEP is still researching the 1990 emissions
levels for these two sources, and therefore cannot definitively
quantify them in the 1990 inventory at this time. EPA is therefore
conditioning approval of the inventory upon the PA DEP's submission of
the additional information for these sources. Since the 15% plan is
being conditionally approved, based in part upon the 1990
[[Page 2151]]
inventory information, the inventory information must be submitted
prior to expiration of the interim approval period for the 15% plan.
Therefore, PA DEP must submit the missing emission inventory
information by no later than July 27, 1998.
Table 2, below, documents the point, area and non-road mobile and
highway source 1990 VOC emissions totals for the Pittsburgh area, based
upon Pennsylvania's March 22, 1996 base year emissions inventory.
Table 2.--County-by-County Summary for the Pittsburgh Ozone Nonattainment Area
[1990 Emissions Inventory--VOC (tons/day)]
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Non-road Highway
County Point Area mobile mobile
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Allegheny............................................... 80.44 73.3 15.48 76.54
Armstrong............................................... 1.1 3.3 1.01 3.9
Beaver.................................................. 5.77 8.19 1.91 12.8
Butler.................................................. 4.34 8.59 2.19 9.28
Fayette................................................. 0.57 7.53 1.42 7.8
Washington.............................................. 0.85 10.74 2.53 14.96
Westmoreland............................................ 3.54 16.31 3.67 24.84
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Total............................................. 96.61 127.96 28.21 150.12
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By today's action, EPA is granting conditional approval of the 1990
VOC emissions inventory for the Pittsburgh area. EPA is not acting
today upon the 1990 carbon monoxide or nitrogen oxide emissions
inventories for the Pittsburgh area; nor is EPA acting today upon any
1990 VOC emissions inventory other than for the Pittsburgh area. Those
inventories will be the subject of a separate EPA rulemaking action.
IV. Creditable Measures for the 15% Plan
The control measures described below are creditable toward the rate
of progress requirements of the Act. Pennsylvania takes emission credit
toward the 15% requirement through implementation of the following
programs: (1) Two benzene national emissions standards for hazardous
air pollutants (or NESHAPS)--for coke by-product recovery plants and
for coke oven batteries; (2) EPA national rule for the reformulation of
architectural, industrial, and maintenance (or AIM) coatings; (3) EPA
national rule for the reformulation of consumer and commercial
products; (4) EPA national rule for the reformulation of autobody
refinishing surface coatings; (5) national emissions standards for new
light-duty motor vehicles (i.e., Tier I standards); (6) motor vehicle
inspection and maintenance program. A summary of the measures and
associated reductions which are creditable towards satisfaction of the
15% rate-of-progress requirements of the Clean Air Act are detailed in
the right-hand column of Table 1 found earlier in rulemaking notice.
Further details regarding EPA's review of the Commonwealth's control
measures are contained in the TSD for this rulemaking action.
V. 15% Rate-of-Progress Plan Calculation
Rate-of-Progress Calculation for Pittsburgh
------------------------------------------------------------------------
Category Tons/day
------------------------------------------------------------------------
1990 Base Year Inventory................................... 402.20
Adjustments for pre-1990 new car standards/fuels........... -28.70
============
1990 Adjusted Base Year Inventory.......................... 373.50
15% Reduction Requirement.................................. 56.03
Pre-1990 VOC RACT requirements............................. 0.0
Pre-1990 FMVCP & RVP Reductions............................ 28.70
============
Required Reduction (w/o growth) ........................... 84.73
1990 Baseline Emissions.................................... 402.20
Required Reductions (w/o adding growth).................... -84.73
============
1996 Target Level.......................................... 317.47
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1990-1996 Emissions Growth................................. -20.51
------------
Required Reductions (w/o growth)........................... 84.73
============
Total Needed Reductions from VOC Control Measures.......... 64.22
------------
Creditable VOC Control Measure Reductions.................. 65.68
------------------------------------------------------------------------
VI. Conditions for Approval of the 15% Plan/1990 VOC Inventory
EPA is not taking rulemaking action today regarding the contingency
plan (submitted by Pennsylvania in conjunction with the March 1996 15%
plan). That plan will be the subject of a separate EPA rulemaking
document. EPA is also not taking rulemaking action, at this time, on
the 1990 NOX emission inventory submitted with the March
1996 15% plan. The 1990 NOX
[[Page 2152]]
emission inventory will also be the subject of a separate rulemaking
notice.
A. 15% Plan Approval Conditions
EPA has evaluated this submittal for consistency with the Act,
applicable EPA regulations, and EPA policy. In the January 22, 1997
proposed rulemaking notice, EPA listed five conditions, which
Pennsylvania would be required to meet within 12 months of the final
rulemaking notice. Otherwise, the conditional approval of the
Pittsburgh 15% plan and 1990 VOC emission inventory would be converted
to a disapproval.
The conditions listed in EPA's January 1997 proposed interim
approval were:
(1) Reconcile the 1990 VOC emissions inventory with all the
appendices, tables and narratives throughout the 15% document;
(2) After establishing consistent figures as described in (1)
above, provide sample calculations for point source 1990, 1990
adjusted, and 1996 projected emissions showing how each of these
figures were obtained. The level of documentation must be equivalent to
that required for approval of a 1990 emissions inventory as described
in the emission inventory documents at the beginning of this technical
support document;
(3) Provide additional documentation for the emissions for those
source categories where credit is claimed (i.e., benzene NESHAPs);
(4) Provide a written commitment to remodel the I/M program as
implemented in the Pittsburgh ozone nonattainment area in accordance
with EPA guidance (December 23, 1996 memo entitled ``Modeling 15% VOC
Reductions from I/M in 1999--Supplemental Guidance), submit the
remodeling to EPA; and
(5) Fulfill the conditions listed in the I/M SIP interim final
conditional rulemaking notice (January 28, 1997, 62 FR 4004) and
summarized here as: (a) geographic coverage and program start dates;
(b) ongoing program evaluation; (c) test types, test procedures and
emission standards; (d) test equipment specifications and; (e) motorist
compliance enforcement demonstration.
Through its February 18, 1997 addendum, Pennsylvania has
substantially met conditions #1, #2, and #3 of EPA's proposed
conditional interim approval. Although the full amount of emission
reduction credit in some cases could not be fully substantiated based
upon Pennsylvania's documentation, EPA is now satisfied that the
documentation supports the level of credit being approved by EPA.
However, the Commonwealth's 1990 base year inventory still lacks final
estimates for two stationary sources--J & L Specialty Steel, Inc. of
Beaver County and Indspec Chemical Corp. of Butler County. Therefore,
EPA must maintain a form of condition #1 from its proposed rulemaking
due to the uncertainty of these two sources' base year emissions.
The emission reductions from the enhanced I/M program that is
subject to the National Highway Systems Designation Act with its
extended deadlines are required in order for the required 15% emission
reduction to be achieved in the Pittsburgh nonattainment area. Under
the National Highway Systems Designation Act of 1995, Pennsylvania's
enhanced I/M program is receiving a conditional interim approval. As
such, EPA can, at best, propose conditional interim approval of the
Pittsburgh 15% plan. In its February 18, 1997 letter, Pennsylvania
agreed to meet conditions #4 and #5 that pertain to I/M within the
required time frames.
The Commonwealth submitted a commitment on February 18, 1997 to
remodel the I/M program, per EPA guidance. The Commonwealth submitted
additional documentation to fully satisfy the #2 and #3 conditions of
EPA's January 22, 1997 15% plan approval.
As conditions #4 and #5 remain unfulfilled, EPA cannot grant full
interim approval of the Pittsburgh 15% plan under section 110(k)(3) and
Part D of the Clean Air Act, and section 172 of the National Highway
Systems Designation Act. However, EPA believes that Congress did not
intend the National Highway Systems Designation Act of 1995 (NHSDA) to
jeopardize approval of States' 15% plans that relied upon I/M program
reductions--due to revised I/M program implementation and demonstration
time frames that stemmed from section 348 of the NHSDA. Since the NHSDA
provides authority to approve I/M programs on an interim basis, for a
period of eighteen months, EPA believes this interim approval can also
be extended to approval of a 15% plan that relies upon I/M program VOC
reductions. Therefore, EPA is granting interim approval of this 15%
plan SIP within the same time frame and in conjunction with the interim
approval period granted to the Pennsylvania enhanced I/M program (i.e.,
interim approval expires on July 27, 1998). EPA is conditionally
approving the Pittsburgh 15% plan under section 110(k)(4) of the Clean
Air Act due to the deficiencies stated above. Since the interim
approval period of its revised enhanced I/M expires July 27, 1998, the
Commonwealth must satisfy the conditions of the 15% plan, as stated
above, by no later than July 28, 1998 as well.
B. 1990 VOC Emissions Inventory Approval Conditions
In addition, EPA is approving the 1990 VOC base year emissions
inventory for the Pittsburgh ozone nonattainment area, submitted with
the 15% plan on March 22, 1996, and revised on February 18, 1997.
However, EPA is not approving the 1990 estimates for two stationary
point sources--J & L Specialty Steel, Inc. and Indspec Chemical Corp.
The PA DEP expressed in its February 1997 addendum to the 15% plan that
the inventory estimates for those two sources are being researched.
EPA is conditioning approval of the 1990 base year inventory for
Pittsburgh, based upon missing information for two stationary sources
for which the baseline emissions are uncertain. Since the 1990 VOC
emissions inventory is an important aspect of the 15% plan, this
condition must be satisfied in order to grant full approval of the 15%
plan. Since EPA's interim approval of the 15% plan expires on July 28,
1998, the above emissions inventory condition must be satisfied by July
27, 1998 as well.
VII. Final Action
EPA is granting conditional interim approval of the Pittsburgh 15%
plan and conditional approval of the 1990 VOC emissions inventory for
Pittsburgh as revisions to the Pennsylvania SIP. By today's action, EPA
is granting approval to emission credits for the Pittsburgh 15% plan on
an interim basis, pending verification of the enhanced I/M program's
actual performance, pursuant to section 348 of the NHSDA. Interim
approval of the Pittsburgh area 15% plan will expire at the end of the
18-month period granted to the Pennsylvania enhanced I/M plan, and will
be replaced by appropriate EPA action based on evaluation of the I/M
program's performance. If the evaluation indicates a shortfall in
emission reductions compared to the remodeling that the 15% plan is
conditioned on, the Commonwealth will need to find additional emission
credits. Failure of the PA DEP to make up for an emissions shortfall
from the enhanced I/M program may subject the Pittsburgh area to
sanctions and imposition of a federal implementation plan (or FIP). EPA
has already approved the Pennsylvania enhanced I/M program on a
conditional interim basis (January 28, 1997, 62 FR
[[Page 2153]]
4004). This approval of the Pennsylvania enhanced I/M program was taken
under section 110 of the Act and, although the credits provided by this
program may expire, the approval of the I/M regulations does not
expire. As explained above, the credits provided by the enhanced I/M
program on an interim basis for the 15% plan may be adjusted based on
EPA's evaluation of the enhanced I/M program's performance.
Approval of the 1990 base year VOC emissions inventory is being
conditioned upon uncertain emissions for two ``major'' stationary
sources. When Pennsylvania provides clarification on the emissions
levels from these two sources, EPA will approve the 1990 base year VOC
inventory for Pittsburgh.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
VIII. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Conditional approvals of SIP submittals under section 110 and
subchapter I, part D of the CAA do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because this Federal SIP approval does not impose any new
requirements, EPA certifies that it does not have a significant impact
on any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of State action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) .
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing State requirements applicable to small
entities. Federal disapproval of the State submittal does not affect
its State-enforceability.
Moreover, EPA's disapproval of the submittal does not impose a new
Federal requirement. Therefore, EPA certifies that this disapproval
action does not have a significant impact on a substantial number of
small entities because it does not remove existing requirements nor
does it substitute a new federal requirement.
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. EPA has determined that
the approval action being promulgated does not include a Federal
mandate that may result in estimated costs of $100 million or more to
either State, local, or tribal governments in the aggregate, or to the
private sector. This Federal action approves pre-existing requirements
under State or local law, and imposes no new requirements. Accordingly,
no additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 16, 1998. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This conditional interim approval action of the 15%
plan and conditional approval action of the 1990 VOC base year
inventory for the Pittsburgh area action may not be challenged later in
proceedings to enforce their requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Ozone, Reporting and recordkeeping requirements.
Dated: December 16, 1997.
W. Michael McCabe,
Regional Administrator, Region III.
Chapter I, title 40, of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. et seq.
Subpart NN--Pennsylvania
2. Section 52.2026 is amended by adding paragraphs (d) and (e) to
read as follows:
Sec. 52.2026 Conditional approval.
* * * * *
(d) The Commonwealth of Pennsylvania's March 22, 1996 submittal for
the 15 Percent Rate of Progress Plan (or 15% plan) for the Pittsburgh
ozone nonattainment area, is hereby conditionally approved based on
certain contingencies, for an interim period. This interim period
corresponds to an 18-month period granted to the Pennsylvania
inspection and maintenance (I/M) program (January 28, 1997). That
interim approval period expires July 27, 1998. However, Pennsylvania
must also remedy the following conditions no later than July
[[Page 2154]]
27, 1998. The conditions for approvability is as follows:
(1) Provide final estimates for two stationary sources from the
1990 base year emissions inventory and adjust the total 1990 VOC base
year inventory, accordingly. The two sources are: J & L Specialty Steel
Inc., Midland and Indspec Chemical Corp., Petrolia Plant.
(2) Remodel the I/M program (as implemented in the Pittsburgh ozone
nonattainment area) in accordance with EPA guidance (December 23, 1996
memo entitled ``Modeling 15% VOC Reductions from I/M in 1999--
Supplemental Guidance) and to submit that remodeling to EPA; and
(3) Fulfill the conditions listed in the conditional interim
approval notice granted by EPA to Pennsylvania's enhanced I/M program
(January 28, 1997), by the deadlines set forth in that rulemaking. The
conditions of that EPA's I/M approval are summarized here as:
geographic coverage and program start dates; ongoing program
evaluation; test types, test procedures and emission standards; test
equipment specifications and; motorist compliance enforcement
demonstration.
(e) The Commonwealth of Pennsylvania's March 22, 1996 submittal for
the 1990 VOC Base Year Emissions Inventory for the Pittsburgh ozone
nonattainment area (summarized in the table in this paragraph), is
hereby conditionally approved based on the following contingency:
(1) Provide final estimates for two facilities sources from the
1990 base year emissions inventory and adjust the total 1990 VOC base
year inventory to reflect those estimates, by no later than July 27,
1998. The two affected sources are: J & L Specialty Steel Inc., Midland
and Indspec Chemical Corp., Petrolia Plant.
County-by-County Summary For the Pittsburgh Ozone Nonattainment Area
[1990 Emissions Inventory--VOC (tons/day)]
----------------------------------------------------------------------------------------------------------------
Non-road Highway
County Point Area mobile mobile
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Allegheny............................................... 80.44 73.3 15.48 76.54
Armstrong............................................... 1.1 3.3 1.01 3.9
Beaver.................................................. 5.77 8.19 1.91 12.8
Butler.................................................. 4.34 8.59 2.19 9.28
Fayette................................................. 0.57 7.53 1.42 7.8
Washington.............................................. 0.85 10.74 2.53 14.96
Westmoreland............................................ 3.54 16.31 3.67 24.84
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Total............................................. 96.61 127.96 28.21 150.12
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(2) [Reserved]
[FR Doc. 98-930 Filed 1-13-98; 8:45 am]
BILLING CODE 6560-50-P