Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Removal of Department of Environmental Protection Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area |
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Cosmo Servidio
Environmental Protection Agency
20 December 2018
[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Rules and Regulations]
[Pages 65301-65313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27481]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0277; FRL-9988-14-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Removal of Department of Environmental Protection
Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action approving a state implementation plan (SIP) revision submitted
by the Commonwealth of Pennsylvania. The Pennsylvania Department of
Environmental Protection (PADEP) submitted a SIP revision on May 2,
2018 seeking the removal from the Pennsylvania SIP of the requirement
limiting summertime gasoline volatility to 7.8 pounds per square inch
(psi) Reid Vapor Pressure (RVP) to address nonattainment under the 1-
hour ozone national ambient air quality standard (NAAQS) in the
Pittsburgh-Beaver Valley ozone nonattainment area (hereafter
Pittsburgh-Beaver Valley Area). The submitted SIP revision includes a
demonstration, pursuant to Clean Air Act (CAA), that amendment of the
approved SIP will not interfere with the area's ability to attain or
maintain any NAAQS. EPA is approving this revision to remove the PADEP
requirement for use of 7.8 psi RVP gasoline in summer months from the
Pennsylvania SIP, in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on January 22, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0277. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by
email at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 15, 2018 (83 FR 27901 and 82 FR 27937), EPA simultaneously
published a notice of proposed rulemaking (NPRM) and a direct final
rule (DFR) for the Commonwealth of Pennsylvania approving its revision
to remove the PADEP's 7.8 psi summertime RVP requirement from the
Pennsylvania SIP. In the NPRM, EPA proposed to approve Pennsylvania's
request to remove the 7.8 psi RVP summertime gasoline requirement from
the Pennsylvania SIP. However, EPA received adverse comments on the
rulemaking and withdrew the DFR on August 6, 2018 (83 FR 38261) prior
to its effective date of August 14, 2018. In this final rulemaking, EPA
is responding to the comments submitted on the proposed revision to the
Pennsylvania SIP and is approving Pennsylvania's demonstration that
removal of the program does not interfere with the Pittsburgh-Beaver
Valley Area's ability to attain or maintain any NAAQS under section
110(l) of the CAA. The formal SIP revision requesting this removal of
the PADEP summertime low RVP
[[Page 65302]]
program for the Pittsburgh-Beaver Valley Area was submitted by
Pennsylvania on May 2, 2018.
II. Summary of Pennsylvania's SIP Revision
A. Pennsylvania's Gasoline Volatility Requirements for the Pittsburgh-
Beaver Valley Area
On November 6, 1991, EPA designated and classified the Pittsburgh-
Beaver Valley Area as moderate nonattainment for the 1979 1-hour ozone
NAAQS. As part of Pennsylvania's efforts to bring the Pittsburgh-Beaver
Valley Area into attainment of the ozone standard, the Commonwealth
adopted and implemented a range of ozone precursor emissions control
measures for the area--including adoption of a state rule to limit
summertime gasoline volatility to 7.8 psi RVP. Pennsylvania's RVP
control rule applied to the entire Pittsburgh-Beaver Valley Area--
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and
Westmoreland Counties. PADEP promulgated this rule in the November 1,
1997 Pennsylvania Bulletin (27 Pa.B. 5601, effective November 1, 1997),
which is codified in Subchapter C of Chapter 126 of the Pennsylvania
Code of Regulations (25 Pa. Code Chapter 126, Subchapter C). On April
17, 1998, Pennsylvania submitted its state-adopted rule to EPA as a
formal revision to its SIP and EPA subsequently approved Pennsylvania's
low RVP SIP requirements in a June 8, 1998 Federal Register (63 FR
31116) and codified in the Code of Federal Regulations at 40 CFR
52.2020(c)(1).\1\
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\1\ The Allegheny County Health Department (ACHD) later adopted
a similar summertime gasoline low RVP rule (Allegheny County Order
No. 16782, Article XXI, sections 2102.40, 2105.90, and 2107.15;
effective May 15, 1998, amended August 12, 1999). On March 23, 2000,
PADEP formally submitted a SIP revision to EPA (on behalf of ACHD)
to incorporate ACHD's own gasoline RVP summertime requirements into
the Pennsylvania SIP. EPA approved that SIP revision establishing an
independent ACHD gasoline RVP limit on April 17, 2001 (66 FR 19724),
effective June 18, 2001. This action does not address ACHD
requirements that are in the SIP.
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B. Pennsylvania's Revision of Its Low RVP Gasoline Requirements
In the 2013-14 session, the Pennsylvania General Assembly passed
and Governor Corbett signed into law Act 50 (Pub. L. 674, No. 50 of May
14, 2014). Act 50 amended the Pennsylvania Air Pollution Control Act,
directing PADEP to initiate a process to obtain approval from EPA of a
SIP revision that demonstrates continued compliance with the NAAQS,
through utilization of substitute, commensurate emissions reductions to
balance repeal of the Pittsburgh-Beaver Valley Area RVP limit. Upon
approval of that demonstration, Act 50 directs PADEP to repeal the
summertime gasoline RVP limit provisions of 25 Pa. Code Chapter 126,
Subchapter C.
On May 2, 2018, PADEP submitted a SIP revision requesting that EPA
remove from the Pennsylvania SIP Chapter 126, Subchapter C of the
Pennsylvania Code (specifically requesting removal of 25 Pa. Code
sections 126.301, 126.302, and 126.303), based upon a demonstration
that the repeal of the RVP requirements rule (coupled with other ozone
precursor emission reduction measures) would not interfere with the
Pittsburgh-Beaver Valley Area's attainment of any NAAQS, per the
requirements for noninterference set forth in section 110(l) of the
CAA. Section 110(l) prohibits EPA from approving a SIP revision if the
revision ``would interfere with any applicable requirement concerning
attainment and reasonable further progress . . . or any other
applicable requirement of [the Act.]'' Pennsylvania's SIP revision
contains a noninterference demonstration, pursuant to CAA section
110(l). This demonstration is comprised of an analysis that the
emissions impact from repeal of the 7.8 psi gasoline volatility
requirement in Pittsburgh (to be replaced by the Federal 9.0 psi
summertime gasoline requirement) \2\ have been offset by means of
substitution of commensurate emissions reductions from other measures
enacted by Pennsylvania that were not previously credited in any SIP
towards attainment or maintenance of any NAAQS. Pennsylvania's May 2,
2018 SIP revision references EPA's updated photochemical grid modeling
results for the 2008 ozone NAAQS, which forecasts that the Pittsburgh-
Beaver Valley Area will continue to attain the 2008 ozone NAAQS and
maintain attainment of the 2015 ozone NAAQS by 2023. Additionally, the
Commonwealth's SIP contains emission inventory projections prepared by
the Mid-Atlantic Regional Air Management Administration (MARAMA)
showing declining emissions of ozone and particulate matter (PM)
precursor emissions in 2018 and 2023.
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\2\ Upon the effective date of EPA approval of this SIP
revision, the 1.0 psi waiver for 10% ethanol blends will be allowed
in the Pittsburgh area (with the exception of Allegheny County,
which currently has a separate RVP summertime limit). If in the
future EPA should approve a SIP revision removing the ACHD's RVP
rule from the approved SIP, the 1.0 psi waiver for ethanol blends
would no longer apply there as well.
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The May 2, 2018 SIP revision references the Commonwealth's
regulatory amendment to Chapter 126, Subchapter C, as published in the
April 7, 2018 Pennsylvania Bulletin (48 Pa. B. 1932, effective upon
publication), which serves to repeal the PADEP requirement for 7.8 psi
RVP summer gasoline by amending 25 Pa. Code Section 126.301 (relating
to gasoline volatility requirements) to remove the RVP requirement for
the Pittsburgh-Beaver Valley Area RVP upon the effective date of EPA's
approval of Pennsylvania's May 2, 2018 SIP revision. As a result, both
state and Federal repeal of the requirements for summertime RVP in the
area will coincide with the effective date of EPA's final action to
approve the Commonwealth's related SIP submittals.
III. EPA's Analysis of Pennsylvania's SIP Revision
A. Pennsylvania's Estimate of the Impacts of Removing the 7.8 psi RVP
Requirement
As the Commonwealth's adoption of a 7.8 psi summertime limit for
gasoline RVP in Pittsburgh is not a mandatory requirement of the CAA,
EPA's primary consideration for determining the approvability of
Pennsylvania's request to rescind the requirements for a gasoline
volatility control program is whether this requested action complies
with section 110 of the CAA, specifically section 110(l), governing
removal of an EPA-SIP requirement.\3\ Section 110(l) of the CAA
requires that a revision to the SIP not interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in section 171), or any other applicable requirement of the
CAA. EPA evaluates each section 110(l) noninterference demonstration on
a case-by-case basis considering the circumstances of each SIP
revision. EPA interprets CAA section 110(l) as applying to all NAAQS
that are in effect, including those that have been promulgated, but for
which EPA has not yet made designations. In evaluating whether a given
SIP revision would interfere with attainment or maintenance, as
required by CAA section 110(l), the EPA generally considers whether the
SIP revision will allow for an increase in actual emissions into the
air over what is allowed under the existing EPA-approved SIP. States
[[Page 65303]]
do not necessarily need to produce a new complete attainment
demonstration for each revision to the SIP, provided that the status
quo air quality is preserved. In the absence of an attainment
demonstration or maintenance plan that demonstrates removal of an
emissions control measure will not interfere with any applicable NAAQS
or requirement of the CAA under section 110(l), states may substitute
equivalent emissions reductions to compensate for any change to a SIP-
approved program. ``Equivalent'' emission reductions mean reductions
which are equal to or greater than those reductions achieved by the
control measure approved in the SIP. To show that compensating emission
reductions are equivalent, modeling or other adequate justification
must be provided. The compensating, equivalent reductions should
represent real emissions reductions achieved in a contemporaneous time
frame to the change of the existing SIP control measure, in order to
preserve the status quo level of emissions in the air. In addition to
being contemporaneous, the equivalent emissions reductions should also
be permanent, enforceable, quantifiable, and surplus to be approved
into the SIP.
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\3\ CAA section 193, with respect to removal of requirements in
place prior to enactment of the 1990 CAA Amendments, is not relevant
because Pennsylvania's RVP control requirements in the Pittsburgh-
Beaver Valley Area were not included in the SIP prior to enactment
of the 1990 CAA amendments.
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Pennsylvania's May 2, 2018 SIP revision contains a section 110(l)
demonstration that uses equivalent emission reductions to offset
``losses'' from emission reductions resulting from the removal of the
SIP approved 7.8 psi RVP summertime gasoline requirement in the
Pittsburgh-Beaver Valley Area of Pennsylvania. Specifically, PADEP
demonstrates the emission reductions associated with the 7.8 psi RVP
fuel requirement will be substituted with equivalent or greater
emissions reductions from: (1) An adopted, implemented Pennsylvania
regulation relating to the use and application of adhesives, sealants,
primers, and solvents at 25 Pa. Code Section 129.77; and (2) permanent
shutdown of a facility in the Pittsburgh-Beaver Valley Area. These
substitute emissions are quantifiable, permanent, surplus, enforceable,
and contemporaneous (i.e. occurring at approximately the same period of
this demonstration and/or the anticipated cessation of the low RVP fuel
program). With removal of the state 7.8 psi summertime RVP requirement,
the Federal 9.0 psi RVP limit remains as the applicable requirement.
To determine the emissions impact of removing the 7.8 psi RVP
program requirements in the Pittsburgh-Beaver Valley Area, PADEP
considered first the pollutants that impact any NAAQS that are
controlled through lowering of gasoline RVP: Volatile organic compounds
(VOC), nitrogen oxides (NOX), and direct emissions of fine
particulate matter smaller than 2.5 microns in diameter
(PM2.5). PADEP's analysis focuses on VOC and NOX
emissions because low RVP requirements were adopted by the Commonwealth
to address the ozone NAAQS and because VOCs and NOX
emissions are the primary precursors for ground-level ozone formation.
NOX, VOC, and direct PM2.5 emissions also
contribute to formation of PM2.5 and therefore PADEP also
analyzed the effect on the PM2.5 NAAQS. PADEP limited its
analysis of emissions increases from removal of the RVP requirements to
affected portions of the total emissions inventory for the Pittsburgh-
Beaver Valley Area such as the highway vehicle emissions sector,
nonroad vehicle emissions sector, and gasoline storage and distribution
emissions sources within the stationary point source sector. EPA finds
the Commonwealth's analysis of the affected universe of emissions
sources reasonable, as the 7.8 psi RVP gasoline requirement impacts
only emission sources that store, distribute, or combust gasoline.
PADEP studied the impacts of low RVP program removal on the emissions
inventory at several points in time representing a period prior to
removal of the low RVP program (i.e., 2014), the year of cessation of
the PADEP 7.8 psi low RVP program (i.e., 2018), and a point five years
in the future after program cessation (i.e., 2023).
To generate these estimates, PADEP used the latest version of EPA's
Motor Vehicle Emissions Simulator (MOVES), version MOVES2014a, to
characterize motor vehicle emissions. EPA notes that PADEP's analysis
showed that increasing gasoline RVP in the Pittsburgh area in and of
itself no longer results in an increase in emissions of VOCs in the
highway vehicle sector, as increases in VOCs from evaporative loss and
permeation through porous materials are offset by improved exhaust
emissions reductions from improvements in new motor vehicles (e.g.,
improved engine control, air/fuel management, timing management, etc.).
Thus, as newer vehicles replace older ones in the fleet, the VOC
benefits from low RVP gasoline for the highway vehicle sector of the
area's total emission inventory are reduced. PADEP modelled nonroad
emissions using the MOVES model, version 2014a, which incorporates
EPA's NONROAD 2008 model, coupled with the 2014 NEI version 1 emission
inventory, to compile a base year scenario. PADEP assumed this portion
of the inventory would see an increase of three percent of total VOC
emissions from removal of the Commonwealth's 7.8 psi RVP gasoline
program.
Changes in gasoline RVP produce emissions from not only vehicles
and equipment that store and combust the fuel, but also from
evaporation and permeation from movement, storage, and transportation
of the fuel as part of the gasoline distribution system. These sources
include gasoline refineries and terminals, pipelines, gasoline tanker
trucks, storage tanks, service station tanks, and portable gas cans
comprising a mix of large, point emissions sources and much smaller
area emissions sources. Emissions from larger sources (e.g., refineries
and bulk gasoline terminals) can be estimated through direct
measurement or calculated from energy input, and are listed as discrete
sources in the periodic point source emission inventory, while smaller,
areas sources can be estimated via look-up emission factors (e.g., from
EPA's AP-42 compendium of emission factors) and use of activity
information (or surrogates for activity like population) or gasoline
sales numbers. Table 1 summarizes combined highway mobile, nonroad, and
point and area source emissions impacts from the removal of the
Commonwealth's 7.8 psi low RVP program, for the 2018 and 2023 scenarios
evaluated for this SIP revision.
Table 1--Summary of Combined Emission Impacts From Removal of the 7.8 psi Program in the Pittsburgh-Beaver
Valley Area in 2018 and 2023
[Reductions (-) and increases (+), in tons per year (tpy) and tons per day (tpd)]
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VOC NOX PM2.5
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tpy tpd tpy tpd tpy tpd
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2018:
[[Page 65304]]
Highway.................. -41.4 -0.18 +43.5 +0.3 -2.0
Nonroad.................. +153 +1 0 0 0
Point/Area............... +7 -0.02 0 0 0
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Total Change in 2018 +119 +0.84 +43.5 +0.3 -2.0
Emissions...........
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2023:
Highway.................. -46.5 -0.24 +13.1 +0.09 -2.2
Nonroad.................. +155 +1.01 0 0 0
Point/Area............... +7 +0.02 0 0 0
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Total Change in 2023 +116 +0.79 +13.1 +0.09 -2.2
Emissions...........
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Based on our review of the information provided, EPA finds that
PADEP used reasonable methods and the appropriate tools (e.g.,
emissions estimation models, emissions factors, and other
methodologies) in estimating the effect on emissions from removing the
7.8 psi RVP summertime gasoline program for purposes demonstrating
noninterference with any NAAQS under CAA 110(l). PADEP determined that
in 2018 the emissions increase resulting from removal of the 7.8 psi
RVP requirement (and replacement with the Federal 9.0 RVP gasoline
program) would be 0.84 summertime tpd of VOC and 0.3 summertime tpd of
NOX in the Pittsburgh-Beaver Valley Area. PADEP's
demonstration shows that direct emissions of PM2.5 decrease
by 2.0 tpy from removal of the 7.8 psi RVP requirement (and replacement
with the Federal 9.0 RVP gasoline program). By 2023, the emissions
impact of removal of the 7.8 psi RVP requirement would slightly
increase emissions from 2018, to 0.79 tpd of VOCs and 0.09 tpd of
NOX, with direct PM2.5 emissions decreasing
slightly more than 2018 estimates.
B. Pennsylvania's Substitution of Alternative Emissions Reduction
Measures for the 7.8 psi Low RVP Gasoline Program
PADEP estimated lost and compensating emission reductions for the
year of removal of the Commonwealth's low RVP gasoline program (after
considering the benefits from replacement with the Federal 9.0 RVP
gasoline program). PADEP also estimated emissions impacts in the year
2023 to examine the future impacts of removal of the 7.8 psi state
summertime RVP requirement. To compensate for the emissions impact of
repeal of this requirement in the Pittsburgh-Beaver Valley Area, PADEP
analyzed the emission benefits associated with two substitute measures
previously implemented but not ``claimed'' in any prior SIP attainment
plan (under CAA section 172) for the Commonwealth. These measures are:
(1) Overcontrol of VOC emissions from Pennsylvania's adhesives rule (25
Pa. Code Sec. 129.77); and (2) Unclaimed creditable emissions
reductions associated with the permanent closure in 2015 of a glass
manufacturing facility in Allegheny County, Guardian Industries
Jefferson Hills facility.
A detailed description of these offsetting measures and the
calculations prepared by PADEP are provided in EPA's DFR for this
action, which was published in the June 15, 2018 Federal Register (83
FR 27901), which was subsequently withdrawn by EPA in the August 6,
2018 Federal Register (83 FR 38261). However, EPA's description of the
Commonwealth's submittal and its overview of the CAA 110(l)
noninterference demonstration are unchanged here from that presented by
EPA in the June 15, 2018 DFR, and as such will not be restated here.
C. Comparison of Emissions Impacts From Removal of the Commonwealth's
7.8 psi RVP Gasoline Program and the Uncredited Emission Reductions
From Substitute Measures
Pennsylvania relies upon NOX, VOC, and PM2.5
emission reductions from its adoption of the Ozone Transport Commission
(OTC) model adhesives rule and from the shutdown of Guardian Industries
Jefferson Hills glass manufacturing facility in Allegheny County to
offset the emissions impact of removing the Commonwealth's summertime
gasoline volatility control rule and to support its argument that
removal of 7.8 psi RVP requirement from the SIP will not interfere with
attainment of any NAAQS. To be conservative in its approach,
Pennsylvania elected to adjust upward by 25 percent its estimates for
the emission impact of the removal of the 7.8 psi RVP gasoline program
to account for uncertainty in its calculation of the estimates for the
emissions benefits from that program (see Table 2). Table 2 summarizes
the Pittsburgh-Beaver Valley Area emissions increases from repeal of
the low RVP gasoline program compared to the emissions benefits
resulting from the alternative emission reduction measures.
Table 2--Summary of Pittsburgh-Beaver Valley Impacts From Removal of the 7.8 psi Gasoline Volatility Program
Compared to Emissions Benefits From Alternative Measures
[In 2018 and 2023]
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VOC NOX PM2.5
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tpy tpd tpy tpd tpy tpd
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2018:
[[Page 65305]]
Change in Emissions from 119 0.84 43.5 0.3 -2.0
RVP Rule Repeal \4\.....
Emission Adjustment to 30 0.21 11 0.08 -2.0
RVP Change Estimate (25%
increase)...............
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Total Emissions 149 1.05 54.5 0.38
Requiring Offset....
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Adhesives Rule Reductions 1,163 3.2 0 0 0
for Offset..............
Facility Shutdown 13.8 0.04 625 1.8 26.5
Reductions for Offset...
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Total Available 1,177 3.24 625 1.8 28.5
Offset Emissions....
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Remaining Reductions 1,028 2.19 570.5 1.0 28.5
After Offsetting Removal
of State RVP Program
[i.e., Total Emissions
Requiring Offset--Total
Available Offsets]......
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2023:
Change in Emissions from 116 0.79 13.1 0.09 -2.0
RVP Rule Repeal \5\.....
Emission Adjustment to 29 0.20 3.3 0.02
RVP Change Estimate (25%
increase)...............
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Total Emissions 144 0.99 16.4 0.11 -2.0
Requiring Offset....
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Adhesives & Sealants Rule 1,159 3.19 0 0 0
Reductions..............
Guardian Industries 13.8 0.04 625 1.8 26.5
Facility Shutdown
Reductions..............
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Total Available 1,173 3.23 625 1.8 28.5
Offset Emissions....
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Surplus Reductions After 1,028 2.24 608.6 1.69 28.5
Offset [Total Emissions
Requiring Offset--Total
Available Offsets]......
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As indicated in Table 2, Pennsylvania has more VOC, NOX,
and PM2.5 emission reductions from its alternative emission
reduction measures than are necessary to offset fully the loss in
emissions reductions resulting from repeal of the Commonwealth's low
RVP gasoline program--in both 2018 (the year of repeal of the low RVP
gasoline program) and in the 2023 future case. Reductions from the
Guardian Industries facility shutdown in Allegheny County far exceed
what is needed to offset NOX from the removal of the low RVP
requirement in the Pittsburgh-Beaver Valley Area. The Guardian facility
owner did not request that potential creditable emissions reductions be
preserved in the emission inventory, as required by 25 Pa. Code Chapter
127, Subchapter E (relating to new source review (NSR)) within one year
of closure, thus forfeiting the ability to apply for transferable
emission reduction credits (ERC) under Pennsylvania's NSR rules.
However, PADEP reserved the right to potentially request consideration
of these remaining reductions as part of a future SIP demonstration
relating to NAAQS planning requirements. However, such future usage
would be the subject of a future SIP revision developed by PADEP at a
later time. Any remaining reductions from the offsetting measures
listed here in support of the May 2, 2018 SIP revision are not being
included in any inventory or memorialized for future use as part of
this action. EPA believes they cannot be used by a new or modified
facility as offsets for compliance to meet the NSR program in this
nonattainment area. The reductions from the offsetting shutdown and
adhesives and solvent rule have not been previously claimed for
emissions reduction credit for any prior SIP-approved plan. These
offsetting measures will help ensure that removal of the low RVP
gasoline program will not interfere with any NAAQS for the Pittsburgh-
Beaver Valley Area.
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\4\ This increase (or decrease) in emissions is the net emission
change when comparing the Commonwealth's 7.8 psi requirement for the
Pittsburgh-Beaver Valley Area to the Federal 9.0 psi RVP program
requirement that will remain upon removal of the Commonwealth's
program.
\5\ This increase (or decrease) in emissions is the net emission
change when comparing the Commonwealth's 7.8 psi requirement for the
Pittsburgh-Beaver Valley Area to the Federal 9.0 psi RVP program
requirement that will remain upon removal of the Commonwealth's
program.
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EPA believes that the removal of the 7.8 psi low RVP fuel program
requirements in the Pittsburgh-Beaver Valley Area does not interfere
with Pennsylvania's ability to demonstrate compliance with any of the
ozone or PM2.5 NAAQS, which could potentially have been
impacted by the NAAQS pollutant precursors that are the subject of the
SIP revision. EPA's analyses of the Commonwealth's SIP revision for CAA
110(l) impact is supported by its use of substitute emission reduction
measures that ensure permanent, enforceable, contemporaneous, surplus
emissions reductions are achieved within the Pittsburgh-Beaver Valley
Area which far exceed the slight increase in NOX and VOC
pollutants from the removal of low RVP fuel especially as Pennsylvania
is still subject to the Federal RVP fuel requirement of 9.0 psi. Based
on Pennsylvania's CAA 110(l) analysis showing surplus emission
reductions, EPA has no reason to believe that the removal of the low
RVP fuel requirements in the Pittsburgh-Beaver Valley Area will
negatively impact the area's ability to attain or maintain any NAAQS
including specifically ozone and PM2.5 or interfere with
reasonable further progress. In addition, EPA believes that removing
the 7.8 psi low RVP program requirements in the
[[Page 65306]]
Pittsburgh-Beaver Valley Area will not interfere with any other CAA
requirement as the Area will remain subject to the Federal low RVP fuel
requirements. Other specific requirements of EPA's action to approve
the Commonwealth's CAA 110(l) noninterference demonstration and the
rationale for EPA's action are explained in the EPA's DFR for this
action published in the June 15, 2018 Federal Register (83 FR 27901),
which was subsequently withdrawn by EPA in the August 6, 2018 Federal
Register (83 FR 38261). These rationale and requirements from the June
2018 DFR will not be restated here.
IV. Response to Comments Received During the EPA Public Comment Period
on the NPRM
EPA received comments from five separate commenters. Of these,
comments from three anonymous commenters were not relevant to our
proposed action, and as such, EPA will not address those non-relevant
comments here. Based on the receipt of adverse public comments relevant
to this action, EPA acted on August 6, 2018 to withdraw our June 15,
2018 DFR, based on the terms set forth in that action. EPA's response
to comments received is as follows below:
Comment 1: Commenter contends that EPA can't rely on the undated
``clarification letter'' sent from Krishnan Ramamurthy, Director,
Bureau of Air Quality, PADEP to Ms. Cristina Fernandez, Air Protection
Division (3AP00) U.S. Environmental Protection Agency, Region III, as
Mr. Ramamurthy is not authorized to formally submit SIPs to EPA, as
only the state Governor or their designee can submit SIPs for approval.
Further, the commenter states that Ms. Fernandez is also not able to
receive SIP submissions, as EPA regulations require submission to be
sent to the Regional Administrator.
Response 1: The clarification letter submitted electronically to
EPA on May 23, 2018 (and received in hard copy by EPA on May 25, 2018)
by Mr. Ramamurthy to Ms. Fernandez does not constitute a formal SIP
revision or SIP transmittal letter. Pennsylvania formally submitted the
SIP that is the subject of this rulemaking action on May 2, 2018, via a
letter from Secretary Patrick McDonnell of PADEP to EPA Regional
Administrator Cosmo Servidio. Secretary McDonnell is the duly delegated
representative of Governor Wolf for submission of a Pennsylvania SIP
revision and Regional Administrator Servidio is the delegated recipient
at EPA for receiving SIP revisions. The May 23, 2018 clarification
letter merely reiterates and clarifies what was already stated in the
May 2, 2018 SIP submittal letter. The May 2, 2018 submittal letter
makes clear PADEP's request that EPA remove 25 Pa. Code Chapter 126,
Subchapter C (relating to gasoline volatility requirements) as a
Federally enforceable control measure from the Commonwealth' SIP and
that EPA not approve the final form state rulemaking amending Chapter
126, Subchapter C (as published in the April 7, 2018 Pennsylvania
Bulletin (Vol. 48, No. 14). Mr. Ramamurthy's May 23, 2018 letter is not
a formal SIP revision and did not need to follow EPA regulations for
SIP submittals to be from a governor or governor's delegate. EPA posted
the letter to the docket as a formal communication from the State after
the formal SIP submittal and referenced it in our June 15, 2018 DFR
action as such.
Comment 2: The commenter states that EPA can't approve
Pennsylvania's SIP revision because PADEP has not submitted evidence
that the rule has been repealed and that EPA regulations require SIP
revisions to include a copy of the actual regulation submitted for
approval, indicating the changes made to the prior version. The
commenter argues that the SIP must include a copy of the official state
regulation (signed, stamped, and dated by the appropriate state
officials indicating it is state enforceable), with the effective date
indicated in the regulation itself (or with a separate letter signed,
stamped, and dated by the appropriate State official indicating the
effective date). The commenter argues that PADEP's May 2, 2018 SIP
submittal letter and May 23, 2018 clarification letter can be
interpreted one of two ways, with the result being either: (1) That the
May 2nd SIP submission lacks evidence that the amended Chapter 126,
Subchapter C rule has been adopted by PADEP in final form; or (2) that
the Commonwealth has submitted evidence of a final rule which revises
rather than removes Subchapter C. Under the latter interpretation, the
commenter argues that instead of removing the State rule, the amended
rule adds subsection (d) to Sec. 126.301 of the rule. The commenter
contends that under either of these interpretations of the
Commonwealth's intent of the SIP submittal or the subsequent
clarification letter, EPA can't remove Chapter 126, Subchapter C from
the SIP. The commenter contends that removal of a SIP-approved rule
must contain evidence that the rule has been repealed by the state,
citing prior EPA rulemaking examples where that was the case. These
examples include: Wisconsin Stage II gasoline vapor recovery removal
(EPA-R05-OAR-2017-0279); several examples of removal and addition of
Reasonably Available Control Technology (RACT) determinations for
Maryland (EPA-R03-OAR-2016-0309) and North Carolina (EPA-R04-OAR-2009-
0140); and replacement of the clean air interstate rule (CAIR) with the
cross-state air pollution rule (CSAPR) in Virginia (EPA-R03-OAR-2017-
0215) and West Virginia (EPA-R03-OAR-2016-0574). The commenter argues
that EPA should require evidence of state-effective regulatory repeal,
prior to formal removal of a rule from the SIP, following past practice
to avoid acting capriciously.
Response 2: EPA disagrees with the commenter. Removal of a state
regulation from the Federally approved SIP does not require evidence
that the state has repealed the regulation from state law. CAA section
110 addresses SIP revisions and 40 CFR part 51 addresses SIP submittal
requirements, but no provisions in the CAA or regulations require a
state to repeal a regulation before requesting removal of a regulation
from the SIP. PADEP indicated in its May 2, 2018 SIP submittal letter
that it sought removal of Subchapter C from the SIP upon EPA approval
of its demonstration of noninterference as required by CAA section
110(l) for SIP revisions. PADEP provided a 110(l) demonstration which
EPA finds meets requirements of the CAA. None of the cited examples
preclude EPA from removing Subchapter C from the SIP at the State's
request prior to the State's repeal of Subchapter C from state law.
Comment 3: A commenter contends that the Commonwealth's revision to
its 25 Pa. Code Chapter 126, Subchapter C (which added a new paragraph
(d) to Sec. 126.301) can't be approved into the SIP as there is no
enforceable effective date for repealing Subchapter C and the revised
rule plainly states that Subchapter C will no longer be in effect upon
EPA's removal of the Subchapter from the SIP. The commenter argues this
is circular logic on the state's part if EPA can only approve the rule
into the SIP when they are adopted and state-effective, but the State's
rule only becomes effective once EPA removes the affected Subchapter C
from the SIP. The commenter argues that the only options for EPA
rulemaking are to approve the Commonwealth's non-interference
demonstration or to add to the SIP the state-approved subsection (d) of
Sec. 126.301. The commenter believes that EPA is limited to action on
the submitted non-interference demonstration, as the Commonwealth's
[[Page 65307]]
May 2 SIP submittal letter directs EPA not to approve the newly amended
rule as an addition to the Pennsylvania SIP.
Response 3: EPA disagrees with the commenter. First, the
Commonwealth in the May 2, 2018 SIP submission has not sought to
include the revised version of Subchapter C (with newly added
subsection (d)) to the Pennsylvania SIP. Second, EPA's decision in this
rulemaking action is to approve the Commonwealth's noninterference
demonstration and to simultaneously remove the low RVP regulatory
requirements from the SIP. Thus, the commenter's concerns regarding the
effective date of the revised version of Subchapter C are irrelevant,
as the amended Chapter 126 is not in the SIP, nor has Pennsylvania
sought to include it into the SIP.
Comment 4: Commenter argues that EPA can't remove Subchapter C from
the SIP because Pennsylvania failed to follow the process set forth in
state law related to removal of the state low RVP program (hereafter
referred to as Act 50). The commenter contends that EPA can't approve
this SIP because PADEP does not have the legal authority to request
removal of Subchapter C from the SIP until EPA approves the
Commonwealth's noninterference demonstration. The commenter indicates
that Act 50 prohibits the PADEP from promulgating regulations to repeal
Subchapter C until EPA approves a revision which demonstrates
noninterference with the NAAQS. The commenter argues that since EPA has
not yet approved a noninterference demonstration, PADEP has neither the
authority to repeal 25 Pa. Code Chapter 126, Subchapter C, nor to
request its removal from the SIP.
Response 4: EPA disagrees that PADEP has not acted in accordance
with Pennsylvania's Act 50. On May 2, 2018, Pennsylvania submitted to
EPA a request to remove Subchapter C from the SIP and a demonstration
of noninterference with the NAAQS from removal of low RVP requirements
from the SIP through use of emission reductions from alternate
measures. In this rulemaking, EPA is approving the noninterference
demonstration and removing the low RVP requirements from the SIP. Thus,
PADEP has acted in accordance with Act 50 and may subsequently remove
requirements from state law. PADEP addressed the issue of the order of
events prescribed by Act 50 (with respect to timing of its submission
to and approval by EPA of a noninterference demonstration SIP versus
that of the state repeal of the low RVP requirements) in its state
rulemaking. See April 2, 2018 Pennsylvania Bulletin, Vol. 48 No. 14
(responding to comments from Pennsylvania's independent regulatory
review commission (IRRC) on the issue of the sequence of the events
required by Act 50). EPA believes the Commonwealth addressed concerns
with Act 50 during Pennsylvania's state regulatory adoption process.
Pennsylvania has general authority to both enact and remove emission
control measures and to request their inclusion as part of the Federal
SIP or removal from the SIP. The provisions of Act 50 have not
curtailed PADEP's authority and EPA believes PADEP acted in accordance
with Act 50 by the May 2, 2018 SIP submission prior to removing the low
RVP requirements from state law.
Comment 5: The commenter argues that EPA cannot fully approve this
SIP revision because both EPA and PADEP failed to consider
nonattainment of the 1971 Sulfur Dioxide (SO2) NAAQS in
Armstrong County as part of the noninterference demonstration required
by section 110(l) of the CAA. Madison, Mahoning, Boggs, Washington, and
Pine Townships in Armstrong County are still classified as
nonattainment at 40 CFR part 81, so the 1971 standard remains in
effect. Since PADEP never submitted an attainment plan for this area,
the commenter argues it is not possible to determine whether the
removal of the PADEP 7.8 psi gasoline RVP program will adversely impact
the area and that EPA can therefore only partially approve the
noninterference demonstration (as EPA's guidance requires a
noninterference demonstration to consider the effect on all NAAQS in
effect).
Response 5: The commenter is correct that portions of Armstrong
County were designated by EPA as nonattainment for the 1971
SO2 NAAQS, which was promulgated by EPA in April 1971 (36 FR
8186, April 30, 1971), and were never subsequently redesignated by EPA
to attainment. EPA promulgated a revised NAAQS for SO2 in
June 2010 (75 FR 35520, June 22, 2010). EPA later designated portions
of Allegheny and Beaver Counties as nonattainment under the 2010
SO2 NAAQS in October 2013 (78 FR 47191, August 5, 2013). On
October 3, 2017, PADEP submitted attainment demonstration plans to EPA
for both the Allegheny and Beaver County areas for approval. These
submitted plans purport to demonstrate attainment of the 2010
SO2 NAAQS in 2018 based on air dispersion modelling. EPA has
not yet taken final action to approve these plans. However, as PADEP
indicated in its May 2, 2018 noninterference demonstration SIP,
emissions of SO2 from fuel combustion are directly related
to the sulfur content of the fuel itself, with sulfur from the fuel
bound to oxygen as a byproduct of combustion. Gasoline sulfur content
is regulated by EPA via separate, Federal rules. Regulation of motor
gasoline volatility has no direct impact on sulfur emissions, therefore
Pennsylvania concluded that removal of PADEP's 7.8 low RVP requirements
will not interfere with any portion of the affected Pittsburgh-Beaver
Valley Area's ability to attain or maintain any SO2 NAAQS.
EPA concurs with Pennsylvania's conclusion as discussed in this
rulemaking. Likewise, EPA expects no interference with Armstrong
County's ability to attain the SO2 NAAQS because regulation
of motor gasoline volatility does not impact SO2 tailpipe or
evaporative emissions. The low RVP program was instead designed to
reduce evaporative and combustion emissions of VOCs to reduce formation
of ozone. Removal of the state RVP limit does not affect sulfur
compound emissions or the secondary formation of SO2 from
motor vehicles or nonroad engines and equipment.
Comment 6: The commenter contends that although EPA designated the
Pittsburgh-Beaver Valley Area attainment for 2015 ozone standard,
recent air quality data from ACHD shows exceedances of the 2015 ozone
standard this year and even potential violations of the NAAQS should
current data be certified. PADEP's noninterference demonstration refers
to EPA photochemical air quality modeling for 2023 as proof the area
will remain in attainment of the ozone NAAQS, but EPA's modeling does
not account for the sharp jump in exceedances from this summer, and the
modeling is based on a scenario with low RVP gasoline in place. The
commenter believes that recent air quality exceedances negate the PADEP
noninterference demonstration premise that with no expected growth of
NOX and VOC emissions, there will be no future interference
with attainment of the 2008 or 2015 ozone NAAQS. The commenter believes
that additional emission reductions from this (and other) measures may
be needed for future ozone NAAQS compliance.
Response 6: While several ozone monitors in the Pittsburgh-Beaver
Valley Area have registered exceedances in the summer of 2018, this
data is not considered valid until it has been determined to be
complete, quality assured and quality controlled. On December 6, 2016
(81 FR 87819), EPA determined that the Pittsburgh-Beaver Valley Area
attained the 2008 8-hour
[[Page 65308]]
ozone NAAQS by its July 20, 2016 attainment date, based on complete,
certified, and quality assured ambient air quality monitoring data for
the 2013-2015 monitoring period. Although the 2016 action did not
constitute redesignation to attainment, it demonstrated that monitored
air quality for the area met the 2008 ozone NAAQS. Further, on November
16, 2017 (82 FR 54232), EPA designated all counties in the Pittsburgh-
Beaver Valley Area as attainment of the more stringent 0.070 parts per
million (ppm) 2015 ozone NAAQS. This information forms the basis for
the Commonwealth's statements that the Pittsburgh-Beaver Valley Area is
currently attaining all ozone NAAQS, and more recent, preliminary data
for the area does not negate this decision. While it is possible the
area will violate at some future date, the currently available data
does not support EPA disapproving the Commonwealth's removal of the low
RVP program based on the data available at present.
With respect to the Commonwealth's reliance on future case
photochemical grid modeling, prepared for MARAMA's use in assessing
regional ozone modeling and for EPA use for interstate ozone transport
modeling, the modelling referred to by the commenter does not include
increased emissions from removal of the state low RVP program, but the
small increases from removal of the state program are far outweighed by
the much larger actual and future expected reductions in stationary
point source and overall highway mobile emission reductions. For the
MARAMA modeling, future 2023 VOC onroad emissions \6\ are projected to
decrease from 2014 levels \7\ by 60 percent (over 8,550 tpy)--far
outweighing any benefits from the state low RVP gasoline program (even
without accounting for offsetting benefits from the substitution
measures listed in the noninterference demonstration). During the same
period, onroad NOX emissions are expected to drop from
28,142 tpy to 8,147 tpy, due primarily to new Federal vehicle and fuel
standards. Stationary point source NOX emission reductions
are even more dramatic in the same period, dropping from 54,711 tpy in
2014 to 33,813 tpy in 2023, primarily from shutdown and fuel switching
of large electric generating units (EGUs). With respect to impact on
the associated photochemical air modeling, these sector reductions far
outweigh any reductions that would be provided from the retention of
the PADEP low RVP measure. EPA agrees with the Commonwealth's
contention in their noninterference demonstration that the
photochemical grid modeling (i.e., the results of the MARAMA regional
modeling and EPA's interstate ozone transport modeling) constitutes
additional supporting evidence that, with respect to future attainment
and maintenance of the ozone NAAQS, the potential emissions benefit of
retaining the PADEP low RVP program is greatly outweighed by other
emissions reduction strategies that continue to impact this area.
---------------------------------------------------------------------------
\6\ Based on MARAMA's 2023 gamma inventory, referenced in Table
9 of Pennsylvania's May 2, 2018 SIP revision.
\7\ Based on EPA's 2014 National Emission Inventory (NEI)
version 1 final, referenced in Table 9 of Pennsylvania's May 2, 2018
SIP revision.
---------------------------------------------------------------------------
Comment 7: The commenter contends that EPA should require PADEP to
submit a SIP revision to account for the permanent shutdown of the
Guardian Industries Jefferson Hills glass manufacturing facility in
Allegheny County. The commenter states that PADEP stated its intent to
retain the balance of the creditable emissions reductions from this
source not being used as part of the noninterference demonstration
(i.e., any remaining available offsets after substitution for low RVP
program, including a 25 percent emissions adjustment) for potential
future use by PADEP or ACHD for future SIP planning purposes. The
commenter requests that EPA require PADEP to submit ERCs for approval
into the SIP to keep track of the remaining balance for future SIP
purposes, as has been required for shutdown sources in the past. The
commenter cites several past examples where ERCs have been memorialized
in the SIP for this purpose, which added USX Corp/US Steel Group-
Fairless Hills and Rockwell Heavy Vehicle Inc.-New Castle Forge Plant
permanent shutdowns to the SIP (See 61 FR 15709 and 64 FR 18818).
Response 7: EPA disagrees with parts of the commenter's premise
regarding what Pennsylvania has requested with respect to the shutdown
of this Guardian Industries facility. PADEP indicates in its
noninterference demonstration that Guardian Industries permanently
ceased operation in August 2015 and that Guardian Industries did not
request that potentially creditable reductions be preserved in the
emission inventory within one year of closure, as required by
Pennsylvania's rules governing NSR at 25 Pa. Code 127.207(2) for
receipt of ERCs. As a result, PADEP states that Guardian Industries is
ineligible to apply for ERCs.
Although PADEP characterizes the shutdown emissions reductions as
permanent, surplus, enforceable, and quantifiable, PADEP does not
characterize them as ERCs--the generation and registration of which is
governed by specific application criteria under Pa. Code Chapter 127,
Subchapter E. Because the permanent emission reductions from the
shutdown are not an ERC, as defined at Chapter 127, Subchapter E, EPA
believes that Chapter 127 of the PA Code thus does not require
inclusion of these reductions in either a state plan approval or in the
Pennsylvania SIP. Thus, EPA disagrees with the commenter's contention
that PADEP should be required to submit a SIP revision to account for
the permanent shutdown of the Guardian Industries Jefferson Hills glass
manufacturing facility in Allegheny County. The facility's permits for
Guardian Industries are no longer valid and the facility cannot be
reactivated without undergoing NSR and being re-permitted. EPA believes
that the Guardian Industries shutdown is permanent, enforceable,
surplus, and verifiable based on the information provided by PADEP in
the SIP submittal to remove low RVP from the SIP and that the source is
no longer eligible to apply for ERCs given the governing regulations
for ERCs. Because a SIP submittal is not required for PADEP to use the
permanent emissions reductions from Guardian in its noninterference
demonstration, EPA also disagrees with the commenter regarding the
ability to use any remaining reductions from Guardian not relied upon
in the noninterference demonstration for use in future SIP planning
purposes.
Comment 8: The commenter cites EPA's statement in section IV.B.2 of
its June 15, 2018 DFR that, ``PADEP asserts the reductions have not
been used and cannot be used in the future by Pennsylvania to meet any
other obligation, including attainment demonstration, facility emission
limitation, reasonable further progress, or maintenance plan
requirements for the area.'' The commenter disagrees with EPA,
believing that PADEP states in its submission that they wish to retain
the balance of the creditable emission reductions from the Guardian
Industries shutdown emissions for use by PADEP or ACHD to offset future
emission increases in the Pittsburgh-Beaver Valley Area. The commenter
requests that EPA clarify this inconsistency between PADEP statements
in its SIP submission and EPA `s statement in the June 15, 2018 DFR.
Response 8: The commenter is correct that PADEP states in the May
2, 2018 noninterference demonstration SIP its desire to retain the
balance of the
[[Page 65309]]
creditable emission reductions not used in the demonstration (including
a 25 percent PADEP allowance to the projected RVP removal emissions
increase). PADEP estimates that the remaining available creditable
emission reductions will total 1028 tpy (2.19 tpd) of VOCs, 571 tpy (or
1.0 tpd) of NOX, and 28.5 tpy of PM2.5 in 2018.
By 2023, PADEP projects the remaining available emission credits will
total 1028 tpy (or 2.24 tpd) of NOX, 609 tpy (or 1.69 tpd)
of VOC, and 28.5 tpy of PM2.5. EPA inadvertently incorrectly
stated in our DFR that we believed Pennsylvania could not use any
remaining available creditable emission reductions for any other future
purpose. EPA intended to state that Pennsylvania could not use the
emission reductions from the Guardian closure, which it relies upon for
the noninterference demonstration, in any future planning activities
under the CAA. EPA did not intend to address the remaining available
creditable emissions reductions and any future uses PADEP may have for
those remaining reductions. EPA's intention in the June 15, 2018 DFR
was to state that the shutdown reductions from Guardian Industries
cannot be used as ERCs to offset future stationary source growth, as
the facility did not apply for the creation of ERCs prior to the
deadline in 25 Pa. Code Chapter 127. Use of any remaining surplus
creditable emissions by the Commonwealth is not relevant to today's
action, and in any case the use of the reductions would be part of a
future SIP revision, which would require a separate determination of
non-interference under section 110(l) that would be evaluated on its
merits at that time. Any remaining emission reduction credit would need
to be determined at that time to be surplus, enforceable, quantifiable,
and contemporaneous (if being used in substitution for another measure)
and shown to not be included in a base cases emissions inventory
previously approved as part of the SIP.
Comment 9: PADEP's onroad analyses failed to perform winter weekday
runs to determine winter time PM levels and whether reductions would be
needed. PM typically increases during winter time as stated in EPA's
MOVES guidance and so summer time PM or annual PM runs may not be
representative of actual PM occurring during winter months. This is
especially important since the PM NAAQS is a 24-hour standard and not
an annual standard so only relying on annual or summer runs will not be
representative of the worst-case scenario.
Response 9: The MOVES emissions modeling performed for this SIP
revision was performed for purposes of demonstrating that PADEP's
removal of the low RVP program would not interfere with any applicable
requirement concerning attainment and reasonable further progress
(RFP), or any other applicable requirement of the CAA. This
noninterference requirement prohibits EPA from approving a SIP revision
that revises a SIP without a demonstration that such removal or
modification will not interfere with attainment of the NAAQS,
reasonable further progress, or any other applicable requirement of the
CAA. Pennsylvania's 110(l) noninterference demonstration focuses on
showing that any emissions increases from removal of the PADEP low RVP
summertime control program (for any pollutant that would affect any
NAAQS applicable to the Pittsburgh area) are fully offset by other
substitute emission control measures. Because the low RVP program being
removed is a control measure only in effect from May through September,
it is unnecessary to perform MOVES modeling of the program in winter
months. While the PADEP low RVP program is a VOC control measure,
originally adopted to reduce VOC emissions as ozone precursors, the
program does slightly impact summertime NOX and
PM2.5 emissions. Pennsylvania's noninterference
demonstration does analyze these summertime impacts on those emissions
that affect both the ozone and PM2.5 NAAQS. PM2.5
emissions are typically inventoried and analyzed on an annualized
tonnage (expressed as tons per year) for purposes of SIP planning.
However, there is no impact from removal of the summertime PADEP low
RVP program requirements on wintertime emissions because EPA does not
regulate gasoline RVP outside of the June 1st through September 15th
period. During the remaining portion of the year, gasoline RVP is
governed by standards established by the American Society for Testing
and Materials for the purposes of ensuring drivability during colder
weather. Generally, gasoline RVP is higher during the colder portion of
the year.
Comment 10: The commenter requests that EPA explain how it reviewed
the onroad and nonroad MOVES runs as it appears that PADEP did not
include any input files used to compile the onroad and nonroad
inventories or much information at all to be able to perform an
independent analysis. EPA must be an independent reviewer of the
state's demonstration--it can't simply approve anything and everything
the state submits. The commenter argues that since the input and output
files were not available in the public docket, the public was not able
to verify whether PADEPs modeling was performed correctly, and
therefore EPA should ask PADEP to supplement the docket to include
these materials and EPA should reopen the comment period to provide the
public time to review the supplementary information.
Response 10: PADEP prepared its emissions analysis for its
noninterference demonstration using a methodology similar to that used
in preparing highway emission inventories to satisfy the requirements
of section 172(c)(3) of the CAA. For highway mobile source emissions,
this entailed utilization of a regional mobile source highway emission
inventory for the Pittsburgh-Beaver Valley Area. PADEP's contractor,
Michael Baker, prepared a projection inventory of summer weekday and
annual conditions for 2018 and 2023 analysis years. The Commonwealth's
May 2, 2018 SIP revision contains a summary of the methodology used to
generate highway mobile emissions estimates using MOVES2014a. Appendix
D to the May 2, 2018 SIP includes attachments detailing the highway
mobile analysis methodology, MOVES input assumptions and input
parameters, and MOVES sample input files. The Commonwealth utilizes
custom MOVES post-processing software to calculate hourly vehicle
speeds and to prepare batch traffic input files to the MOVES model.
This analysis methodology is consistent with past statewide inventory
efforts, including state input to the 2014 NEI. While this inventory
level analysis makes review of the MOVES input information more
difficult, the Commonwealth has attempted to clearly document the input
information used, the results generated, and to provide MOVES input
file samples that underlie the analysis. This is not a new means of
inventory level mobile source analysis for Pennsylvania, as
Pennsylvania uses this method for all highway emissions inventory plans
submitted to EPA. EPA therefore disagrees with the commenter that the
analysis is unverifiable, or that the Commonwealth should be required
to supplement its documentation for the docket for this action. EPA
does not agree that the comment period should be reopened to allow for
additional time to review Pennsylvania's analysis as sufficient
information supporting PADEP's demonstration supporting the SIP
revision was available for review.
Comment 11: PADEP assumes a three percent increase in emissions for
stationary area and point sources but never explains where this three
percent originated. PADEP says the assumption
[[Page 65310]]
comes from the similar increase seen in nonroad emissions but there's
no reason to believe nonroad emissions would increase at the same rate
as area or point sources. Nonroad vehicles are not the same as area or
point sources, nonroad vehicles typically emit VOCs from combustion
exhaust, leaking gas caps, or permeation through gas tanks but area and
point sources emit VOCs from leaking tanks, expansion valves in tanks,
bad connections, or spillage from transferring gas. EPA has never
allowed cross-category (i.e. nonroad to area/point categories) emission
factors to estimate expected emissions from sources, this has never
been done before in emissions inventories. EPA should require PADEP to
better explain the three percent assumption to ensure their assumptions
are valid and reasonable.
Response 11: EPA agrees that PADEP has not presented supporting
information to validate its assumption that affected point area sources
would see the same increase in emissions as would affected nonroad
mobile sources from removal of the state RVP rule, as VOC emissions
from area point sources of gasoline transport and storage are mostly
evaporative in nature and not necessarily consistent with those from
nonroad mobile sources VOC emissions (which have tailpipe, evaporative
permeation, and engine hot soak and evaporative emissions). However, it
would have proven difficult for PADEP to specifically estimate
emissions impact from the affected point area sources, as EPA no longer
updates the TANKS emissions estimation model \8\ and instead refers to
the original AP-42 equations for use in determining emission factors
for storage tanks. Use of AP-42 factors to determine the change in
emissions on these sources from removal of the PADEP low RVP gasoline
rule would require extensive tank and product specific information from
each source that PADEP would need to calculate and project. EPA
believes the change in emission factors would be small and that any
error caused by use of this assumption would not dramatically impact
the emissions impact on this sector from removal of the PADEP 7.8 RVP
rule.
---------------------------------------------------------------------------
\8\ TANKS is a Windows-based, EPA-created computer software
program used to estimate VOC and hazardous air pollutant (HAP)
emissions from fixed- and floating-roof storage tanks. TANKS is
based on the emission estimation procedures from Chapter 7 of EPA's
Compilation Of Air Pollutant Emission Factors (AP-42). The TANKS
model was developed using software that is now outdated, and
therefore, the model is not reliably functional on computers using
certain operating systems such as Windows Vista or Windows 7. EPA no
longer supports TANKS and instead recommends use of AP-42 emission
factors for this purpose.
---------------------------------------------------------------------------
The VOC emissions from area point sources affected by removal of
the PADEP low RVP requirement total 217 tpy in the 2014 NEI. Assuming
three percent growth in emissions from removal of the rule results an
increase of only seven tpy of VOCs (or 0.02 tpd). Because emissions
from this sector are so small, even doubling PADEP's estimate would
only lead to a negligible increase in 2018 or 2023 VOC emissions from
this sector. EPA therefore finds that PADEP's assumption of a three
percent growth in VOC emissions in the area point sector resulting from
removal of the state RVP rule, while simplistic for emission inventory
purposes, is reasonable for this CAA 110(l) analysis and even if it
results in understatement of the increase in emissions from removal of
the low RVP rule, as it is more than overcome by PADEP's conservative
approach to the analysis, as PADEP buffers the overall results on all
sectors by increasing by 25 percent the overall impact on all sectors
for both NOX and VOC emissions to account for uncertainty in
their analysis. PADEP's simplistic three percent growth assumption for
emissions from point area sources would translate to a very small
overall emissions change for the sector and is reasonable for purposes
of this CAA 110(l) analysis.
Comment 12: A commenter contends that EPA should disapprove PADEP's
SIP submission because 25 Pa. Code 129.77 is not a ``surplus'' emission
reduction, as Reasonably Available Control Technology (RACT) is
required under section 184 of the CAA for the State to meet RACT
requirements for states in the Northeast Ozone Transport Region (OTR),
as this category of emissions is covered by an EPA-issued Control
Techniques Guideline (CTG). As a result, the commenter argues that
reductions from RACT can't be considered ``surplus'' because the
reductions achieved are necessary to satisfy mandatory requirements
separate from attainment or maintenance plans, since states in an OTR
are required to enact RACT on a statewide basis.
Response 12: In evaluating whether a given SIP revision would
interfere with attainment or maintenance, as required by CAA section
110(l), EPA generally considers whether the SIP revision will allow for
an increase in actual emission into the air over what is allowed under
the existing EPA-approved SIP. EPA has not required that a state
produce a new complete attainment demonstration for every SIP revision,
provided the status quo air quality is preserved. See Kentucky
Resources Council, Inc. v. EPA, 467 F.3d 986 (6th Cir. 2006). EPA
elaborated on compliance options for complying with the CAA
noninterference clause in our ``Guidance on Removing Stage II Gasoline
Vapor Control Programs from State Implementation Plans and Assessing
Comparable Measures'' (EPA-457/B-12-001, dated August 7, 2012). In that
guidance, EPA indicated that 110(l) noninterference could be
demonstrated if an increase in emissions from removal of a measure
would be offset by excess emission reductions not accounted for in the
current SIP. Per this guidance, a state has wide latitude in selecting
additional controls, including substitution of NOX controls,
as long as the offsetting emission controls are contemporaneous with a
rule being phased-out. The guidance indicates that the offsetting
measures can come from substitution of additional emission controls not
already in the SIP, or alternatively through offset of emissions due to
excess emission reductions not accounted for in the current SIP (e.g.,
changes to an area's stationary or area source emission inventory
resulting from changes in industrial population or activity, or from
shutdown of a source.) EPA believes that Pennsylvania's use of the term
``surplus'' in reference to the RACT ``overcontrol'' from the adhesives
source category is, for CAA 110(l) purposes, a reference to the fact
that the PADEP adhesives rule adopts the OTC model rule that exceeds
EPA requirements for CTG RACT in this category and also that the
benefits of the rule have not been previously claimed in a prior EPA-
approved control strategy SIP (e.g., a reasonable further progress
plan, maintenance plan, or attainment demonstration, etc.). Therefore,
the adhesives and sealant rule generates emission reductions that could
serve to offset the increases from removal of the low RVP requirement,
in a contemporaneous timeframe to that removal. Given that the
Pittsburgh-Beaver Valley Area has no requirements to demonstrate RFP of
any ozone NAAQS, the focus of CAA 110(l) demonstration in this case is
to show that removal of the provision will maintain the status quo of
air quality in the area and thereby not interfere with attainment of
any ozone NAAQS. While part of Pennsylvania's adhesives and sealants
rule addresses the requirements of the adhesives CTG to demonstrate
compliance with RACT, (and is a mandatory component of the SIP), part
of Pennsylvania's adhesives and sealants rule addresses emissions and
activities not covered by the CTG, and
[[Page 65311]]
are surplus to the requirement of the adhesives CTG. Also, since the
Pittsburgh-Beaver Valley Area has no outstanding Reasonable Available
Control Measure (RACM) requirement because they have no attainment plan
requirement under CAA 172(c) and 182(b), the pertinent applicable
requirement under CAA 110(l) is demonstrating that this action will not
interfere with maintenance of ozone or any other NAAQS. EPA finds
Pennsylvania has done that through its analysis.
Further, EPA disagrees with the commenter that reductions from a
RACT measure (required for an OTR state) cannot be used to show
noninterference under CAA 110(l). Nothing in CAA 110(l) prevents
consideration of required RACT or CTG measures from being considered as
offsetting reductions for noninterference purposes. Thus, the fact that
the adhesives and sealant rule, relied upon by PADEP to assist in
showing removal of low RVP requirements will not interfere with the
NAAQS, is part of a RACT measure is not relevant to the inquiry. EPA
discussed how removal of the low RVP requirement will not interfere
with the NAAQS, RFP or any other CAA requirement in the DFR and herein
relying upon Federal fuel requirements to minimize emission increases
as well as reductions in pollutants from Guardian's closure and the
adhesives and sealants rule. The status of the adhesives rule as a RACT
requirement does not alter EPA's conclusion of non-interference with
the ozone or any other NAAQS from the removal of the fuel requirement
from the Pennsylvania SIP.
Comment 13: The commenter states as part of the noninterference
demonstration required by CAA 110(l), EPA must consider the ozone
forming potential of VOC reductions being used to offset the increased
VOC stemming from the removal of the state gasoline RVP limit through
photochemical grid modeling that considers temperature increased due to
climate change.
Response 13: EPA reviews 110(l) on a case-by-case basis through
individual SIP actions. EPA issued guidance in 2012 addressing removal
of Stage II vapor recovery requirements from SIPs, which contains
guidance that is relevant here.\9\ Specifically, the EPA Stage II
removal guidance discusses compliance with 110(l) as possible even with
slight emission increases, in cases where those increases do not
interfere with attainment, or are very small foregone, near-term
emissions reductions that are expected to diminish rapidly over time
that are assumed too small (or temporary in nature) to interfere with
attainment or RFP towards attainment of a NAAQS. The guidance suggests
this may be particularly evident in areas that are already attaining
the NAAQS, or where emissions and/or air quality projections
demonstrate the area is likely to maintain the NAAQS in the future.
Although the Stage II program removal guidance recommends use of
photochemical grid modeling as a means to demonstrate noninterference,
it indicates that non-interference can be demonstrated through other
means for purposes of CAA 110(l).\10\ Pennsylvania's section 110(l)
demonstration for RVP removal takes the approach that minor increases
in emissions from removal of the PADEP low RVP program will be offset
by other contemporaneous measures, that future modeling continues to
show emissions of pollutants contributing to ozone will drop
dramatically in the near term, and that EPA's preliminary ozone
transport photochemical grid modeling for the 2015 ozone NAAQS shows
future attainment.
---------------------------------------------------------------------------
\9\ Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, August 2012.
\10\ Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, August 2012, section 2.2.
---------------------------------------------------------------------------
Given the scale of emission reductions underlying that modeling as
discussed in PADEP's SIP submittal, the relatively tiny emission
increases from removal of the low RVP program are not expected to
influence continued attainment of the NAAQS in the Pittsburgh-Beaver
Valley Area in the near term. Nothing in CAA 110(l) requires an
attainment demonstration or airshed modeling showing that the measure
being removed would impact the NAAQS at any level to make a
satisfactory showing of noninterference under CAA section 110(l).
Pennsylvania refers to the modeling that shows future attainment of the
ozone NAAQS as part of its noninterference demonstration to support
removal of the 7.8 RVP program from the SIP. The commenter has not
explained why photochemical grid modeling is necessary for section
110(l) purposes or why EPA must consider temperature increases
attributed to climate change for these purposes. The commenter points
to no specific statutory requirement regarding climate change with
which this SIP revision to remove RVP requirements would interfere or
which would affect our conclusion regarding PADEP's section 110(l)
analysis. Further, the commenter provided no information to counter the
modeling from MARAMA or from EPA which is referenced in the
Commonwealth's submitted SIP revision. Thus, no further response is
provided to this comment.
Comment 14: The commenter states that EPA must consider the
consequences of increased gasoline consumption from removal of the
PADEP low RVP requirement.
Response 14: The commenter did not indicate what linkage exists
between gasoline consumption and gasoline RVP limit. PADEP did not
analyze the impacts of additional gasoline usage directly related to
any expected lower cost of gasoline attributed with removal of the
state RVP summertime limit. While PADEP examined price impact from RVP
limits using historical retail gasoline prices during its rulemaking
process, the commenter did not provide sufficient information to
justify that any such relationship exists between consumption and
gasoline RVP limits.
Further, PADEP did consider impacts of RVP pricing on consumption
in the state rulemaking process. PADEP's own historic price analysis
indicates that retail prices for low RVP fuel in the Pittsburgh-Beaver
Valley Area were 9 cents per gallon more on average than statewide
average retail gasoline price during the 2014 state low RVP control
season (May-Sept), ranging from 1.6 to 9.2 cents per gallon over
statewide gasoline prices during the 2011-2015 5-year period. PADEP's
regulatory calculations assumed that removal of the State RVP
summertime requirement would save an average Pittsburgh driver between
$1.60 to $9.20 per summer season, if they purchased 100 gallons of
gasoline during the period of retail purchase applicability. PADEP's
modeling analysis of the highway vehicle emissions impact from removal
of the low RVP program used MOVES emissions modeling emission factors
and an apportionment of statewide vehicle miles of travel (based on
Pittsburgh's apportionment of statewide gasoline usage). However,
PADEP's emissions modeling did not rely upon direct assumption of
gasoline usage, as the MOVES model estimates emissions using a variety
of inputs (e.g., traffic volume, vehicle speeds, vehicle fleet
composition, fuel characteristics, and other local emission control
programs, etc.). However, gasoline consumption was not a direct input
into the computer model.
EPA believes that due to the low expected per gallon gasoline cost
savings attributed to removal of the PADEP low RVP program, the short
duration of the program (i.e., 4 months
[[Page 65312]]
of the year), and the relatively indirect nature of gasoline
consumption on the modeled highway emission reductions, it is unlikely
that vehicle miles traveled (VMT) will rise dramatically from removal
of the program or that any slight rise in gasoline usage for part of
the year would dramatically increase emissions compared to a scenario
where the PADEP low RVP program is not removed. Therefore, EPA believes
it unnecessary for PADEP to reflect a projection scenario in its
emissions modeling for its noninterference demonstration where gasoline
usage is increased beyond normal gasoline growth assumptions and thus
PADEP's emissions analysis remains reasonable without such
consideration. Furthermore, to account for uncertainty in their
emissions impact estimates, PADEP added a 25% upwards adjustment to
their estimate of total substitute emission reductions necessary to
offset the loss in emissions reductions from removal of the state low
RVP program. EPA believes this additional level of overcontrol more
than makes up for the impact of potential additional fuel sales in the
Pittsburgh-Beaver Valley area due to potential fuel price differences
and fuel sales resulting from removal of the state summertime low RVP
program.
V. Impacts on the Boutique Fuels List
Section 1541(b) of the Energy Policy Act of 2005 required EPA, in
consultation with the U.S. Department of Energy, to determine the
number of fuels programs approved into all SIPs as of September 1, 2004
and to publish a list of such fuels. On December 28, 2006 (71 FR
78192), EPA published the list of boutique fuels. EPA maintains the
current list of boutique fuels on its website at: https://www.epa.gov/gasoline-standards/state-fuels. The final list of boutique fuels was
based on a fuel type approach. CAA section 211(c)(4)(C)(v)(III)
requires that EPA remove a fuel from the published list if it is either
identical to a Federal fuel or is removed from the SIP in which it is
approved. Under the adopted fuel type approach, EPA interpreted this
requirement to mean that a fuel would have to be removed from all
states' SIPs in which it was approved in order to remove the fuel type
from the list. (71 FR 78195). The 7.8 psi RVP fuel program (as required
by Pa. Code Chapter 126, Subchapter C), as approved into Pennsylvania's
SIP, is a fuel type that is included in EPA's boutique fuel list (71 FR
78198-99; https://www.epa.gov/gasoline-standards/state-fuels). The
specific counties in the Pittsburgh-Beaver Valley Area where summer low
RVP gasoline is required are identified on EPA's Gasoline Reid Vapor
Pressure web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). Subsequent to the final effective date of EPA's
approval of Pennsylvania's May 2, 2018 SIP revision to remove
Pennsylvania's Chapter 126, Subchapter C 7.8 psi RVP requirement from
the SIP, EPA will update the State Fuels and Gasoline Reid Vapor
Pressure web pages with the effective date of the SIP removal. However,
the entry for Pennsylvania will not be completely deleted from the list
of boutique fuels, as Allegheny County remains subject to a separate,
SIP-approved 7.8 psi RVP gasoline requirement of ACHD's Rules and
Regulations, Article XXI, pending future action by ACHD to repeal that
rule and submit a formal SIP revision requesting its repeal from the
Pennsylvania SIP. This deletion of Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland Counties from the list will not result in
an opening on the boutique fuels list because the 7.8 psi RVP fuel type
remains for one Pennsylvania County, and in other state SIPs.
VI. Final Action
EPA is approving Pennsylvania's May 2, 2018 SIP demonstration that
removal of PADEP's low RVP summertime gasoline program does not
interfere with the Commonwealth's ability to attain or maintain any
NAAQS in the Pittsburgh-Beaver Valley Area, in compliance with the
requirements of CAA section 110(l). With this action, EPA is also
granting Pennsylvania's request to remove PADEP's low RVP summertime
gasoline requirements at 25 Pa. Code Chapter 126, Subchapter C from the
Pennsylvania SIP. Our approval of the May 2, 2018 SIP submittal is in
accordance with CAA requirements in section 110, including section
110(l) specifically.
EPA's approval of the May 2, 2018 Pennsylvania SIP revision does
not remove the separate SIP requirement applicable requiring use of 7.8
psi RVP gasoline during summertime months in Allegheny County, under
requirements set forth in Article XXI, Rules and Regulations of the
ACHD, which were approved by EPA as part of the Commonwealth's SIP on
April 17, 2001 (66 FR 19724). PADEP will submit a SIP revision, at a
later date, on behalf of ACHD to remove or otherwise amend the separate
Allegheny County low RVP gasoline program rule. Neither ACHD's rule nor
the related approved Pennsylvania SIP for Article XXI are the subject
of this action or the Pennsylvania May 2, 2018 low RVP gasoline SIP
revision.
VII. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. Accordingly, this action
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 65313]]
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 19, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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 action to approve Pennsylvania's request for removal of
summertime low RVP gasoline requirements from the SIP may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: December 10, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
Sec. 52.2020 [Amended]
0
2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by
removing the heading and entries for ``Subchapter C--Gasoline
Volatility Requirements'' under Title 25, Chapter 126 Standard for
Motor Fuels.
[FR Doc. 2018-27481 Filed 12-19-18; 8:45 am]
BILLING CODE 6560-50-P