[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Proposed Rules]
[Pages 44568-44571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 116/121/154/-4129; FRL-7043-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Rate of Progress Plan for Pennsylvania Portion of the 
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the Commonwealth of Pennsylvania consisting of 
the 1999, 2002, and 2005 rate of progress (ROP) plans for the 
Pennsylvania portion of the Philadelphia-Wilmington-Trenton Ozone 
Nonattainment Area (the Philadelphia area). Rate of progress plans are 
required by the Clean Air Act (the Act) to ensure progress in reducing 
emissions of ozone precursors. The intended effect of this action is to 
propose approval of the ROP plans submitted by the Pennsylvania 
Department of Environmental Protection (PADEP) to reduce volatile 
organic compounds (VOCs) and oxides of nitrogen (NOX), which 
contribute to the formation of ground level ozone. EPA is withdrawing 
the previous proposed approval of the Pennsylvania post-1996 ROP plan, 
published on August 25, 1999.

DATES: Written comments must be received on or before September 24, 
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; 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Jill Webster, (215) 814-2033 or by e-
mail at [email protected]. Please note that while questions may be 
posed via telephone and e-mail, formal comments must be submitted, in 
writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION: The Commonwealth submitted the required ROP 
plans in two phases. The first plan, submitted on July 31, 1998, 
consists of a 9 percent reduction in ozone precursors from November 
1996 to November 1999. On April 30, 1998, the Commonwealth submitted 
the second of the ROP plans, which consists of an additional 3 percent 
per year reduction in ozone precursors demonstrated for milestone years 
2002 and 2005. The April 30, 1998 submittal also included an attainment 
demonstration for the Philadelphia area, which is the subject of a 
separate rulemaking action. On February 25, 2000, the Commonwealth 
amended the SIP pertaining to the motor vehicle emissions reductions 
and budgets for the Philadelphia area. Henceforth, each ROP plan shall 
be referred to by its respective milestone year, either 1999, 2002 and 
2005; and the three plans collectively shall be referred to as the 
post-1996 ROP plans. These post-1996 plans collectively demonstrate ROP 
from November 1996 thorough November 2005.

I. Background

    The Act requires serious and above ozone nonattainment areas to 
develop post-1996 ROP plans to reduce area-wide VOC emissions after 
1996 by 3 percent per year averaged over consecutive 3-year periods, 
until the attainment year for that area. In this case, the Philadelphia 
area has submitted a SIP establishing an attainment date of 2005, the 
outside attainment date for areas classified as severe-15. This 3 
percent per year reduction requirement is a continuation of the 
requirement for a 15 percent reduction in VOC by 1996. For the post-
1996 ROP plans, the Act allows for the substitution of NOX 
emission reductions in lieu of VOC emission reductions so long as 
reductions in both precursors are beneficial for reducing ozone levels. 
EPA has issued guidance applicable to the appropriate ratio of 
NOX to VOC. Our assessment of the post-1996 ROP plans is to 
determine whether or not the 3 percent per year reduction requirement 
is met.

II. Calculation of the 3 Percent Per Year Reduction

    An ROP plan consists of a plan to achieve a target level of 
emissions. There are several important emissions inventories and 
calculations associated with the plan. These include: The base year 
emission inventory, future year projection inventories, and target 
level calculations. Each of these is described below.

A. Base Year Emission Inventory

    EPA approved the 1990 base year VOC emissions inventory for 
Pennsylvania's portion of the Philadelphia nonattainment area on June 
9, 1997 (62 FR 31343). EPA approved the 1990 NOX base year 
emission inventory for Pennsylvania's portion of the Philadelphia 
nonattainment area on June 17, 1999 (64 FR 32424).

B. Calculation of Needed Reductions and Target Levels

    The process for the calculation of the required reductions is set 
forth in EPA's guidance document entitled ``Guidance on the Post-96 
Rate of Progress Plans and the Attainment Demonstration,'' January 
1994. The ``target level'' of emission represents the maximum amount of 
emissions that a nonattainment area can have in the given target year. 
Section 182(c)(2)(C) of the Act allows states to substitute 
NOX emission reductions that occur after 1990 for VOC 
emission in the post-1996 ROP plans. EPA issued guidance for states to 
use in substituting NOX for VOC reductions on December 15, 
1993, ``NOX Substitution Guidance'' and follow-up guidance 
on August 5, 1994, ``Clarification of Policy for Nitrogen 
(NOX) Substitution.'' This guidance provides that the 
condition for meeting the ROP requirement is that the sum of all 
creditable VOC and NOX emissions must equal 3 percent per 
year averaged over the three year periods up to the attainment year. If 
a state wishes to substitute NOX reductions for VOC emission 
reductions, then a target level of emissions demonstrating a 
representative combined 9 percent

[[Page 44569]]

emission reduction in VOC and NOX must be developed for each 
milestone year. In addition, in demonstrating ROP, projected growth in 
both VOC and NOX emissions must be offset by emission 
reductions. Therefore, separate emission target levels must be 
developed for both VOC and NOX emissions for each of the 
1999, 2002, and 2005 milestone years. To calculate the target level of 
emissions, the required emission reduction is subtracted from the 
previous milestone's target level. For example, the 1999 ROP VOC target 
level is based upon the 1996 VOC target level calculated for the 15 
percent plan.
    EPA granted conditional approval of Pennsylvania's 15 percent plan 
for the Philadelphia area on June 9, 1997 (62 FR 31343). On May 16, 
2001 (66 FR 27051), EPA published a notice of proposed rulemaking (NPR) 
to convert its prior conditional approval of Pennsylvania's 15 percent 
plan SIP for the Philadelphia area to full approval. No public comments 
were submitted on the NPR, and EPA expects to issue soon a final rule 
converting its conditional approval of the 15 percent plan to full 
approval. In its 15 percent plan, the PADEP calculated the 15 percent 
ROP target level to be 494 tons per day (TPD).
    Pennsylvania has elected to substitute NOX for VOC 
emissions reductions in the milestone years of 1999, 2002, and 2005 for 
the Philadelphia area. In Pennsylvania's plans, growth in VOC emissions 
is offset by VOC emissions reductions achieved by 2005. Similarly, 
growth in NOX emissions is offset by NOX 
emissions reductions achieved in that same time period. Pennsylvania 
did not calculate separate VOC and NOX target levels. 
However, EPA has been able to calculate VOC and NOX target 
levels using data in Pennsylvania's ROP plans. The calculations for the 
1999 milestone year are shown in Table 1 below.

Table 1.--Target Level and Emission Reduction Needs for the Philadelphia
                            Area Through 1999
                               [tons/day]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
VOC
1. 1990 ROP base year inventory = 1990      732-116 = 616
 base year inventory--biogenic emissions.
2. 1990 adjusted base year inventory =      616-39 = 577
 1990 ROP base year inventory--1990 to
 1999 FMVCP/RVP reductions.
3. Required Reductions = 0.0%  x  1990      0%  x  576 = 0
 adjusted base year inventory.
4. 1999 target level = 1996 target--        494-0-6 = 488
 required reduction--fleet turnover
 correction.
5. Reduction needed to offset VOC growth =  625-488 = 137
 1999 uncontrolled emissions--1999 target.
 
NOX
1. 1990 ROP base year inventory (sum of     440
 all point, area, and mobile source
 emission).
2. 1990 adjusted base year inventory =      440-20 = 420
 1990 ROP base year inventory--1990 to
 1999 FMVCP/RVP reductions.
3. Required reduction = 9%  x  1990         9%  x  420 = 38
 adjusted base year inventory.
4. 1999 ROP target level = 1990 ROP base    440-38-20 = 382
 year inventory--required reduction--1990
 to 1999 FMVCP/RVP reductions.
5. Reductions needed for ROP and to offset  455-382 = 73
 NOX growth = 1999 uncontrolled emissions--
 1999 target.
------------------------------------------------------------------------

    Using the target levels calculated for 1999, EPA was able to 
calculate NOX and VOC reductions needed for following 
milestone years 2002 and 2005. The calculations for each milestone are 
summarized in Table 2 below.

  Table 2.--Reductions in VOC and NOX Needed for Milestone Years 1999,
                              2002 and 2005
                               [tons/day]
------------------------------------------------------------------------
        Milestone and Assumed Reduction             VOC          NOX
------------------------------------------------------------------------
1999 (9% ROP = 0% VOC + 9 % NOX)..............          137           73
2002 (9% ROP = 5% VOC + 4% NOX)...............          179           99
2005 (9% ROP = 4% VOC + 5% NOX)...............          216          129
------------------------------------------------------------------------

C. Growth Projections

    States must include control measures in their ROP plans to offset 
the emissions growth projected to occur through the final milestone 
year. In this case, the Commonwealth must project growth in emissions 
that occur from 1996 through 2005. To meet the average 3 percent per 
year requirement, the Commonwealth must enact measures achieving 
sufficient emissions reductions to offset the projected growth in 
emissions, in addition to achieving a 3 percent per year reduction of 
NOX/VOC emissions from 1996 through 2005. Growth must be 
determined separately for each source or source category, since sources 
typically grow at different rates. The post-1996 ROP plans submitted by 
PADEP for the Philadelphia area contain growth projections for 
stationary, area, on-road, and non-road sources using acceptable growth 
factor methodologies. A more detailed description of the Commonwealth's 
submittals and EPA's evaluation are included in a Technical Support 
Document (TSD) prepared in support of this rulemaking action. A copy of 
the TSD is available, upon request, from the EPA Regional Office listed 
in the ADDRESSES section of this document. EPA has determined that the 
Commonwealth's growth projection methodologies are acceptable for 
growth factor estimation.

III. The Control Strategies Included in the 1999, 2002, and 2005 
ROP Plans

    The purpose of the ROP plans is to demonstrate how the state has 
reduced emissions by 3 percent per year as averaged over each 3 year 
period between November 1996 and November 2005. In general, reductions 
toward ROP requirements are creditable, provided the control measure 
was implemented after 1990 and the resulting reductions are real, 
permanent, and Federally enforceable. Each control measure is described 
in detail in the TSD for this action. Table 3, below, summarizes the 
measures PADEP relies upon to demonstrate ROP for the applicable 
milestone years.

[[Page 44570]]



                      Table 3.--Emission Reductions in the Philadelphia Post 1996 ROP Plans
                                                    tons/day
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                                                     VOC                                    NOX
          Control measure          -----------------------------------------------------------------------------
                                        1999         2002         2005         1999         2002         2005
----------------------------------------------------------------------------------------------------------------
RFG...............................        22.56        35.24        36.59         0.47         7.17         7.45
I/M...............................        58.69        61.44        65.38        32.22        32.73        33.89
FMVCP and Tier 1..................         6.95        13.12        20.35        14.11        22.59        27.36
Stage II Vapor Recovery...........        17.71        19.82        21.25  ...........  ...........  ...........
OTC NOX MOU.......................  ...........  ...........  ...........        27.37        30.82        34.20
RACT..............................         9.82        10.11        10.42         3.63         3.72         3.81
Autobody Refinishing Coatings.....         5.95         6.07         6.12  ...........  ...........  ...........
Consumer Products.................         4.12         4.16         4.20  ...........  ...........  ...........
AIM coatings......................         7.33         7.38         7.43  ...........  ...........  ...........
TSDFs.............................         9.52         9.61         9.70  ...........  ...........  ...........
Rule Effectiveness for Point        ...........        16.17        16.45  ...........  ...........  ...........
 Sources..........................
Shutdowns.........................  ...........         2.59         2.79  ...........         0.94         1.21
Compression-Ignition Engines......  ...........  ...........  ...........  ...........  ...........        44.00
Spark-Ignition Engines............  ...........  ...........        15.79  ...........  ...........  ...........
NLEV..............................  ...........         1.01         2.85  ...........         1.69         4.71
Heavy-Duty Diesel Engine Standard.  ...........  ...........  ...........  ...........  ...........         0.38
                                   -----------------------------------------------------------------------------
    Totals........................       142.65       186.72       219.32         77.8        99.66       157.01
----------------------------------------------------------------------------------------------------------------

    Based upon the measures listed in the above table and EPA's 
analysis of each measure, EPA has determined the post 1996 ROP plans 
submitted by PADEP achieve the required reductions. Thus, the 
Commonwealth's 1999, 2002, and 2005 ROP plans meet the aggregate 27 
percent emission reduction requirement of the Act, by achieving 9 
percent emissions reductions over each successive 3 year period.

IV. The Transportation Conformity Budgets for the ROP Milestone 
Years

    Under EPA's transportation conformity rule, August 15, 1997 (62 FR 
43779), the post-1996 ROP plans are considered control strategy SIPs. A 
control strategy SIP establishes budgets to which Federally funded and 
approved transportation projects and plans must conform. The ROP plans 
establish VOC and NOX budgets for the Philadelphia area that 
are applicable for 1999, 2002, and 2005. These budgets are applicable 
in later years in the absence of other applicable budgets. On February 
25, 2000, the Commonwealth amended the motor vehicle emissions budgets 
for the applicable milestone years. Table 4, below, summarizes the 
revised motor vehicle emissions budgets of the ROP plans for the 
Philadelphia area. EPA determined the budgets identified below, 
adequate for use in conformity determinations on May 31, 2000 (65 FR 
36438 published June 8, 2000). That determination became effective on 
June 23, 2000.

   Table 4.--Motor Vehicle Emissions Budgets for the Philadelphia Area
                               [tons/day]
------------------------------------------------------------------------
                  Milestone year                       VOC        NOX
------------------------------------------------------------------------
1999..............................................       88.6      109.6
2002..............................................      69.52      93.13
2005..............................................      61.76      86.42
------------------------------------------------------------------------

V. EPA's Evaluation of the Commonwealth SIP Revisions

    EPA's review of this material indicates that the Commonwealth has 
adopted, submitted and implemented adequate measures to achieve the 
post-1996 ROP reductions. EPA is proposing to approve the Pennsylvania 
post-1996 ROP plans submitted on April 30, 1998, July 31, 1998, and 
February 25, 2000 as SIP revisions. EPA is soliciting public comments 
on the issues concerning the post-1996 ROP plan. Any comments received 
before the close of the public comment period will be considered before 
taking 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. This includes 
those who submitted comments on the NPR published on August 25, 1999 
(64 FR 46325), if they believe their comments are still germane in 
light of this newly proposed action.

VI. Proposed Action

    EPA is proposing to approve the 1999, 2002, and 2005 ROP plans 
submitted by the Commonwealth of Pennsylvania on April 30, 1998, July 
31, 1998, and February 25, 2000. By proposing approval of the ROP plans 
submitted by the Commonwealth, EPA is also proposing to approve the 
motor vehicle emissions budgets contained in the February 25, 2000 SIP 
submittal for ROP and transportation conformity purposes. EPA is 
withdrawing the previous proposed approval of the Pennsylvania Post-
1996 ROP plan, published on August 25, 1999 (64 FR 46325).

VII. 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. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). 
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 (Public Law 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

[[Page 44571]]

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 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, regarding Pennsylvania's 1999, 2002, and 2005 
ROP plans, 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, Hydrocarbons, 
Nitrogen dioxide, Ozone.

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

    Dated: August 16, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-21434 Filed 8-23-01; 8:45 am]
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