[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Proposed Rules]
[Pages 27051-27055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12354]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 150-4108; FRL-6980-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Conversion of the Conditional Approval of the 15 Percent 
Plan for the Pennsylvania Portion of the Philadelphia-Wilmington-
Trenton Ozone Nonattainment Area to a Full Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to convert its conditional approval of a 
State Implementation Plan (SIP) revision submitted by the Commonwealth 
of Pennsylvania to a full approval. This revision satisfies the 
conditions imposed by EPA on our approval of the 15 percent reasonable 
further progress plan (15% plan) requirement of the Clean Air Act (the 
Act) for Pennsylvania's portion of the Philadelphia-Wilmington-Trenton 
ozone nonattainment area (the Philadelphia area). EPA is proposing to 
convert its conditional approval of this 15% plan to full approval 
because the Commonwealth has fulfilled its obligation and satisfied the 
conditions imposed in EPA's conditional approval of the 15% plan for 
the Philadelphia area. The intended effect of this action is to convert 
our conditional approval of Pennsylvania's 15% plan SIP for the 
Philadelphia area to a full approval.

DATES: Written comments must be received on or before June 15, 2001.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
They are also available at 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 Rehn, by phone at: (215) 814-
2176 (at the EPA Region III address above), or by e-mail at: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 5, 1998, the Pennsylvania Department of Environmental 
Protection (PA DEP) submitted a revision to the Pennsylvania State 
Implementation Plan (SIP) for its portion of the Philadelphia ozone 
nonattainment area. The revision consists of an amendment to its plan 
to achieve a 15% reduction from 1990 base year levels in volatile 
organic compound (VOC) emissions. The previous version of 
Pennsylvania's 15% plan for its portion of the Philadelphia ozone 
nonattainment area was conditionally approved by EPA on June 9, 1997 
(62 FR 31343). Pennsylvania's June 1998 revision to that 15% plan was 
done in order to satisfy conditions imposed by EPA in its conditional 
approval of the Commonwealth's plan.
    The Philadelphia ozone nonattainment area consists of six counties 
in Southern New Jersey (Burlington, Camden, Cumberland, Gloucester, 
Mercer, and Salem), two counties in Northern Delaware (Kent and New 
Castle), one county in Maryland (Cecil), and five counties in 
Southeastern Pennsylvania (Bucks, Chester, Delaware, Montgomery, and 
Philadelphia). Each of the states comprising the multi-state ozone 
nonattainment area submitted its own 15% plan to achieve reasonable 
further progress towards attainment of the ozone standard. EPA has 
taken separate rulemaking action on each state's plan.
    EPA is taking action today on the revised 15% plan SIP for 
Pennsylvania's portion of the Philadelphia nonattainment area, 
submitted to EPA by PA DEP on June 5, 1998. These revisions to the plan 
satisfy the conditions stipulated by EPA in its June 9, 1997 
conditional approval of the previous Philadelphia 15% plan. Those 
approval conditions related to the I/M program upon which the 15% plan 
relies (and which were conditions of EPA's approval of the I/M 
program).
    EPA is proposing in this rulemaking to convert the June 9, 1997 
conditional approval of Pennsylvania's 15% plan for the Philadelphia 
area to a full approval. The basis for this action is that EPA has 
determined that Pennsylvania has

[[Page 27052]]

fulfilled all of the conditions imposed by EPA's conditional approval.

II. Pennsylvania's Calculation of the 15% Plan Target Level

    As stated above, the subject of this rulemaking is Pennsylvania's 
June 5, 1998 revision to the 15% plan, submitted by the Commonwealth to 
remedy conditions imposed by EPA in its June 9, 1997 approval of the 
original 15% plan. These conditions of the June 9, 1997 approval are 
related to the I/M program and the modeling of the credits for that 
program that impact the target level of the 15% plan. Only those 
aspects of this target level calculation associated with the conditions 
of EPA's approval (i.e., related to Pennsylvania's June 5, 1998 SIP 
revision) are the subject of today's proposed rulemaking action by EPA. 
For clarity, however, the entire calculation process is set forth 
below.

A. Base Year Emission Inventory

    The baseline from which the required reductions towards the 15% 
plan goal are applied is the 1990 base year emission inventory. The 
first step in calculating a 15% target is a 15% plan 1990 base year 
inventory. The inventory is broken down into four emissions source 
sectors: stationary, or point, sources; area sources; on-road, or 
highway, mobile sources; and off-highway, or non-road, mobile sources. 
The base year inventory includes emissions of all sources within the 
nonattainment area and certain large point sources within twenty-five 
miles of the boundary.
    For purposes of planning reasonable further progress towards 
attainment (e.g., 15% planning), a subset of the 1990 base year 
inventory is used. This 1990 rate-of-progress (ROP) inventory includes 
only anthropogenic emissions that occurred within the boundaries of the 
subject nonattainment area. EPA approved Pennsylvania's 1990 base year 
inventory SIP revision for the Philadelphia area in its June 9, 1997 
conditional approval of the 15% plan (62 FR 31343).

B. Growth in Emissions Between 1990 and 1996

    EPA interprets the Clean Air Act to require that reasonable further 
progress towards attainment of the ozone standard must occur after 
offsetting any growth in the level of emissions expected to occur over 
the period being considered. To meet the 15% reasonable further 
progress requirement, a state must enact measures to offset projected 
growth in VOC emissions, in addition to a 15% reduction of 1996 VOC 
emissions (compared with 1990 levels). For a detailed description of 
the growth methodologies used by Pennsylvania, please refer to EPA's 
June 9, 1997 conditional approval of Pennsylvania's 15% plan (62 FR 
31343), Pennsylvania's September 12, 1996 SIP (and related addendums), 
and the Technical Support Document (TSD) prepared for EPA's June 9, 
1997 conditional approval action.

C. Enhanced Vehicle Inspection and Maintenance (I/M) Program

    Both of the conditions listed in EPA's June 9, 1997 conditional 
approval of Pennsylvania's 15% plan for Philadelphia were related to 
Pennsylvania's enhanced I/M program for motor vehicles. The first of 
these conditions required Pennsylvania to ``meet the conditions listed 
in the January 28, 1997 conditional interim inspection and maintenance 
(I/M) rulemaking (approval) notice''. The second condition required 
Pennsylvania to remodel the I/M reductions credited towards the 15% 
plan using the EPA guidance memoranda: ``Modeling 15 Percent VOC 
Reductions from I/M in 1999--Supplemental Guidance'', from Gay McGregor 
and Sally Shaver, dated December 23, 1996. The policy for this I/M 
remodeling methodology is derived from another EPA guidance memoranda 
entitled, ``Date by which States Need to Achieve All the Reductions 
Needed for the 15 Percent Plan from I/M and Guidance for 
Recalculation,'' from John Seitz and Margo Oge, dated August 13, 1996.
    With respect to the approval status of its I/M program SIP, 
Pennsylvania has remedied the related condition upon EPA's approval of 
the Philadelphia 15% plan. The I/M program had been conditionally 
approved by EPA (62 FR 4004, January 28, 1997). However, Pennsylvania 
has since revised the enhanced I/M program SIP to address the 
conditions of EPA's January 1997 approval. On June 17, 1999 (64 FR 
32411), EPA published a direct final rule converting the conditional 
approval of Pennsylvania's I/M program to full approval. EPA's basis 
for conversion of the I/M program SIP to full approval was that 
Pennsylvania had remedied all of the conditions set forth in the 
January 28, 1997 conditional approval.
    With respect to the condition upon approval of the 15% plan related 
to the claimed credits in the 15% plan for the I/M program SIP, 
Pennsylvania addressed this condition submitting a remodeling analysis 
of the I/M program benefits (following the guidelines set forth by 
EPA's guidance memos on the subject) in its June 5, 1998 SIP revision. 
That SIP revision is the subject of this proposed action. A discussion 
of the resulting recalculation of the highway mobile source projection 
inventory and the resultant 15% plan target level is discussed later in 
this action. Pennsylvania has properly followed EPA's guidance in its 
remodeling analysis.

D. Target Level Emissions/Emission Reductions Needed for the 15% 
Reduction

    As part of its remodeling analysis to determine the amount of VOC 
reductions from the I/M program needed for the 15% plan, Pennsylvania 
remodeled the benefits from all of its 15% plan control measures that 
reduce highway source emissions. Highway mobile source emissions are 
modeled using an emission factor model called MOBILE. In assessing 
highway mobile source emissions, the benefits from all highway emission 
control strategies must be evaluated. In addition to the enhanced I/M 
program, such control measures include: the use of Federal reformulated 
gasoline (RFG) in highway vehicles and the implementation of new (i.e., 
post-1990) vehicle standards that are part of the Federal Motor Vehicle 
Control Program (FMVCP). Per EPA guidance, this MOBILE remodeling 
demonstration compares the highway mobile source target level in 1999 
versus the highway mobile source target level for 1996 performed for 
the original 15% plan.
    EPA approves of the Commonwealth's remodeling demonstration 
submitted with the June 5, 1998 revised 15% plan. This revised plan 
properly accounts for the ``1996 target level'', which is then compared 
to the projections of actual ``1996 controlled emissions''.
    EPA approves of the revised mobile source target level calculation 
for Philadelphia, and the resultant overall corrected target level. The 
overall corrected target level is 487.89 tons per day (tpd). A detailed 
description of the revised target level calculation process is 
described in more detail below, and in the Technical Support Document 
prepared in support of this proposed rulemaking action.
    EPA's interpretation of section 182(b) of the Act requires states 
to adjust the base year VOC emission inventory for the 15% plan to 
account for non-creditable VOC reductions (i.e., that were required to 
occur prior to the 1990 Clean Air Act Amendments). In calculating its 
target level, Pennsylvania's plan subtracts those reductions occurring 
between 1990 and 1996 from the pre-1990 FMVCP and low-RVP gasoline 
programs from the

[[Page 27053]]

1990 15% plan base inventory. The result is the ``1990 base year 
inventory adjusted to 1996''.
    Pennsylvania's 15% plan relies upon reductions from an enhanced I/M 
program to achieve the required 15% level as soon after November 15, 
1996 as practicable, but not later than 1999. Therefore, Pennsylvania 
was required to remodel the benefits of its I/M program in the 15% 
plan. EPA's applicable remodeling guidance requires that the base year 
inventory must also be calculated for 1999. This 1999 base year 
inventory must then be adjusted in the same way to remove non-
creditable, pre-1990 control measure reductions from the inventory for 
the period from 1996 to 1999. Pennsylvania's 15% plan contains a 
calculation of those non-creditable emissions occurring between 1996 
and 1999. These non-creditable emissions cannot be used toward the 15% 
plan goal, and they are therefore subtracted from the 1990 base year 
inventory for the 15% plan. The result yields the ``1990 base year 
inventory adjusted to 1999.''
    Pennsylvania calculated a base 1996 VOC target level by taking 85% 
of the ``1990 adjusted base year inventory for 1996.'' Per EPA 
guidance, the non-creditable reductions were then subtracted from the 
``base'' 1996 VOC target level to yield a ``final'' 1996 VOC target 
level for the 15% plan. See Table 1 below, for a summary of the 
calculation of the target level.

    Table 1.--Required Reductions for the Pennsylvania Portion of the
  Metropolitan Philadelphia-Wilmington-Trenton, PA-DE-NJ Nonattainment
                              Area 15% Plan
                               [Tons/day]
------------------------------------------------------------------------
                                                              Tons  per
              Steps                   Calculation method      day  (tpd)
------------------------------------------------------------------------
   Revised 15% Plan Target Level/I/M Remodeling Calculation: 5-County
                          Philadelphia, PA Area
------------------------------------------------------------------------
1990 Rate-of-Progress Base Year    ........................       615.56
 Inventory.
1. Calculate the 1990 base year    [1996 MOBILE factor (w/        582.53
 inventory (relative to 1996).      CAA controls off)  x
                                    1990 VMT] + non-
                                    inventory mobile 1990
                                    inventory.
2. Calculate the 1996 base year    [1999 MOBILE factor (w/        576.11
 (relative to 1999).                CAA controls off)  x
                                    1990 VMT] + non-
                                    inventory mobile 1990
                                    inventory.
3. Calculate non-creditable fleet  1990 base (for 1996) -           6.42
 turnover between 1996 and 1999.    1990 base (for 1999);
                                    or, (Step 2 - Step 1).
4. Calculate the ``base'' 1996     1990 adjusted base (for        494.31
 target level.                      1996)  x  0.85 - RACT
                                    Fix-Ups; or, (Step 1  x
                                     0.85) - RACT fix-ups
                                    (0.84 tpd).
5. Correct the 1996 target level   1996 target level - 1996-      487.89
 (``final'' target level).          1999 non-creditable
                                    emissions; or, (Step 4 -
                                     Step 3).
6. Projected 1996 Uncontrolled     ........................       617.95
 Emissions.
7. Projected 1996 Controlled       Remodeled highway              476.53
 Inventory.                         emissions + remainder
                                    of existing 1996
                                    projected inventory
                                    (i.e., point, area, non-
                                    road emissions) [84.58
                                    + 151.15 + 153.98 +
                                    81.33].
8. Required Emission Reductions    (Line 6 - Line 5).......       130.06
 for 15% plan.
Total Reductions Claimed from 15%  ........................       133.63
 Plan Control Measures.
------------------------------------------------------------------------

    The reduction in emissions needed to meet the 15% reasonable 
further progress requirement equals the difference between the 
projected 1996 emissions under the pre-1990 Clean Air Act control 
strategy (i.e., the 1996 uncontrolled emissions) and the 15% plan 
target level. The difference between these two numbers reflects a 15% 
reduction from the adjusted base year inventory, including any 
additional reductions necessary to offset projected emissions growth 
between 1990 and 1996. For Philadelphia, the calculated target level is 
487.89 tons per day. EPA is proposing to accept this final, corrected 
target level for the Pennsylvania portion of the Philadelphia area.

E. Determination That Revised 15% Plan Achieves Reasonable Further 
Progress

    As part of the 15% plan I/M remodeling process, the inventory, 
target level, and projected reduction levels from the control measures 
claimed in the 15% plan were recalculated. After completion of the 
revised target level calculation, the Commonwealth was required to 
demonstrate that that the control measures in the 15% plan will ensure 
sufficient reductions to achieve the revised target level. Under the 
revised 15% plan, the emissions reductions claimed for the Philadelphia 
15% plan increased from 127.91 tons per day to 133.63 tons per day.
    EPA agrees with the Commonwealth's calculations and methodology 
used in the revised plan to justify this number. Pennsylvania properly 
employed EPA's guidance in calculating the revised estimates. EPA 
therefore concurs that Pennsylvania must achieve a reduction of at 
least 130.1 tons per day of creditable emission reductions to 
demonstrate that its portion of the Philadelphia ozone nonattainment 
area has met its 15% VOC reduction requirement, as required by the 
Clean Air Act. EPA believes that Pennsylvania's revised 15% plan has 
sufficient VOC reductions from its claimed, creditable measures to 
achieve the required 15% reduction. Pennsylvania claims 133.63 tons per 
day of VOC reductions, which is sufficient to ensure that reasonable 
further progress is achieved.
    Table 2 below lists the creditable measures, and the VOC reductions 
claimed for those measures, in Pennsylvania's 15% plan for the 
Philadelphia area. It should be noted that these are the same measures 
approved by EPA in the June 9, 1997 conditional approval of 
Pennsylvania's 15% plan. Due to the I/M remodeling exercise, however, 
the level of credits associated with the highway mobile source control 
measures (i.e., I/M, Tier 1 standards, and the Federal reformulated 
gasoline program) has changed. Since these measures and credit levels 
were approved by EPA previously, this rulemaking action applies only to 
the revised credit levels associated with the highway mobile source 
controls.

[[Page 27054]]



     Table 2.--Summary of Control Measures for the 15% Plan for the
    Pennsylvania Portion of the Philadelphia Ozone Nonattainment Area
   Pennsylvania Portion of Philadelphia, PA 15% Plan Control Measures
------------------------------------------------------------------------
                                                         VOC reduction
        Control measure            Approved by EPA       (tons per day)
------------------------------------------------------------------------
 Highway Mobile Source Control
           Measures
 
Reformulated Gasoline Program.  Federal rule.........              21.19
Enhanced I/M Program..........  SIP approved [June                 56.91
                                 17, 1999 (64 FR
                                 32411)].
Tier 1 Motor Vehicle Standards  Federal rule.........               6.59
 (post-1990 FMVCP).
 
 Non-Highway Measures (Point,
        Area, Non-road)
 
Reformulated Gasoline Program-- Federal rule.........               0.59
 Non-road benefits.
Stage II Gasoline Vapor         SIP approved                       17.02
 Recovery.                       [December 13, 1994
                                 (60 FR 63938)].
AIM Coatings Reformulation....  Federal rule.........               7.28
Consumer and Commercial         Federal rule.........               6.58
 Products Reformulation.
Autobody Refinishing            Federal rule.........               6.30
 Reformulation.
Treatment, Storage, & Disposal  Federal rule.........               9.35
 Facility (TSDF) Controls.
Facility Shutdowns............  Conditionally                       1.82
                                 Approved
                                 Philadelphia 15%
                                 Plan approved use of
                                 specified banked
                                 shutdown credits
                                 (under PA banking
                                 rule, Chapter
                                 127.206-209).
                                                      ------------------
    Total Creditable Emission   .....................             133.63
     Reductions.
------------------------------------------------------------------------

F. Transportation Conformity Budgets

    As is the case with any 15% plan, Pennsylvania's 15% plan for its 
portion of the Philadelphia ozone nonattainment area contains a budget 
for VOC emissions from on-road mobile sources. By proposing approval of 
this 15% plan, EPA is proposing to grant a de facto approval of the 
budget in this plan. However, EPA wishes to clarify that the budget in 
Pennsylvania's 15% plan for the Philadelphia area will not be the 
applicable budget for future conformity determinations, because there 
are budgets for the Philadelphia area that supercede this plan that 
apply for 1999 and all subsequent years. To verify which budget applies 
to the Pennsylvania portion of the Philadelphia area, please contact 
the EPA Regional office listed in the ADDRESSES section above or 
consult EPA's ``Adequacy Review of SIP Submissions for Conformity'' web 
page at http://www.epa.gov/oms/transp/conform/adequacy.htm.

Proposed Action

    After review of Pennsylvania's June 5, 1998 revision to the 15% 
plan SIP for its portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area, EPA has determined that the Commonwealth has 
remedied all of the EPA-imposed conditions listed in our June 9, 1997 
conditional approval (62 FR 31343) of the 15% plan SIP for the 
Philadelphia area. EPA is therefore proposing to convert its 
conditional approval of Pennsylvania's 15% plan SIP for the 
Philadelphia area to a full approval.
    EPA is soliciting public comments on this action to convert our 
conditional approval of the Philadelphia 15% plan to a full approval, 
based upon Pennsylvania's June 5, 1998 submittal to remedy the 
conditions. These comments will be considered before the Agency takes 
final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to the EPA Regional 
office listed in the ADDRESSES section of this document.

I. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This action merely proposes to approve state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it 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). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear

[[Page 27055]]

legal standard for affected conduct. EPA has complied with Executive 
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This proposed 
rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    This proposed rule to convert the conditional approval of the 15% 
plan for the Pennsylvania portion of Philadelphia to a full approval 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

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

    Dated: May 7, 2001.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 01-12354 Filed 5-15-01; 8:45 am]
BILLING CODE 6560-50-U