Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware 1997 Fine Particulate Matter Nonattainment Area, 67640-67650 [2011-28438]
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Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Proposed Rules
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V. Procedural Determinations
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List of Subjects in 30 CFR Part 948
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Dated: July 27, 2011.
Thomas D. Shope,
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[FR Doc. 2011–28441 Filed 11–1–11; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0391; FRL–9485–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Attainment Plan for the
Pennsylvania Portion of the
Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware
1997 Fine Particulate Matter
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Pennsylvania State
Implementation Plan (SIP), which was
submitted to EPA on April 12, 2010 to
demonstrate attainment of the 1997
annual fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS) for the Pennsylvania portion
of the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware (PANJ-DE) nonattainment area
(Philadelphia area). This plan (herein
called the ‘‘attainment plan’’) includes
the Pennsylvania portion of the
Philadelphia area’s attainment
demonstration and motor vehicle
emission budgets (MVEBs) used for
transportation conformity purposes. The
attainment demonstration includes an
analysis of reasonably available control
measures (RACM) and reasonably
available control technology (RACT), a
base year emissions inventory, and
contingency measures. The requirement
for a reasonable further progress (RFP)
plan is not required because
Pennsylvania projected that attainment
of the 1997 PM2.5 NAAQS would have
occurred in the Pennsylvania portion of
the Philadelphia area by the attainment
date, April 2010. This action is being
taken in accordance with the Clean Air
Act (CAA) and the Clean Air Fine
Particulate Implementation Rule (PM2.5
Implementation Rule) issued by EPA on
April 25, 2007.
DATES: Written comments must be
received on or before December 2, 2011.
SUMMARY:
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Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0391 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0391,
Cristina Fernandez, Associate Director,
Office of Air Planning Program,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0391. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
ADDRESSES:
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is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
The following is provided to aid in
locating information in this preamble.
I. What action is EPA proposing to take?
II. What is the background for EPA’s
proposed action?
A. Designation History
B. Clean Air Fine Particle Implementation
Rule
C. Attaining Data Determination and
Finding of Attainment
III. What is included in the Pennsylvania
attainment plan?
IV. What is EPA’s analysis of the
Pennsylvania attainment plan submittal?
A. Attainment Demonstration
1. Pollutants Addressed
2. Emission Inventory Requirements
3. Modeling
4. Reasonably Available Control Measures/
Reasonably Available Control
Technology
5. Reasonable Further Progress
6. Contingency Measures
7. Attainment Date
B. Motor Vehicle Emissions Budgets
V. Proposed Action
VI. Statutory and Executive Order Reviews
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I. What action is EPA proposing to
take?
EPA is proposing to approve
Pennsylvania’s SIP submission, which
was submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) to EPA on April 12, 2010 to
demonstrate attainment of the 1997
annual PM2.5 NAAQS for the
Pennsylvania portion of the
Philadelphia area (herein called the
state’s ‘‘PM2.5 attainment plan’’). This
PM2.5 attainment plan includes
Pennsylvania’s attainment
demonstration and MVEBs used for
transportation conformity purposes. The
attainment demonstration includes a
base year emissions inventory, an
analysis of RACM/RACT, and
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contingency measures. RFP plan is not
required because the Pennsylvania
portion of the Philadelphia area
demonstrated that attainment of the
1997 annual PM2.5 NAAQS occurred by
the attainment date, April 2010.
EPA has determined that the
Pennsylvania’s PM2.5 attainment plan
meets the applicable requirements of the
CAA, as described in the PM2.5
Implementation Rule issued by EPA on
April 25, 2007 (72 FR 20586). EPA’s
analysis and findings are discussed in
this proposed rulemaking. In addition,
technical support documents (TSDs) for
this proposal are available online at
www.regulations.gov, Docket No. EPA–
R03–OAR–2010–0391. These TSDs
provide additional explanation on
EPA’s analysis supporting this proposal.
II. What is the background of EPA’s
proposed action?
A. Designation History
On July 18, 1997 (62 FR 36852), EPA
established the 1997 PM2.5 NAAQS,
including an annual standard of 15.0
micrograms per cubic meter (mg/m3)
based on a 3-year average of annual
mean PM2.5 concentrations and a 24hour (or daily) standard of 65 mg/m3
based on a 3-year average of the 98th
percentile of 24-hour concentrations.
EPA established these standards based
on significant evidence and numerous
health studies demonstrating that
serious health effects are associated
with exposures to PM2.5.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
United States as attaining or not
attaining the NAAQS; this designation
process is described in section 107(d)(1)
of the CAA. In 1999, EPA and State Air
Quality Agencies initiated the
monitoring process for the 1997 PM2.5
NAAQS and by January 2001,
established a complete set of air quality
monitors. On January 5, 2005 (70 FR
944), EPA promulgated initial air
quality designations for the 1997 PM2.5
NAAQS, which became effective on
April 5, 2005, based on air quality
monitoring data for calendar years
2001–2003.
On April 14, 2005 (70 FR 19844), EPA
promulgated a supplemental rule
amending the Agency’s initial
designations, with the same effective
date (April 5, 2005) as 70 FR 944. As a
result of this supplemental rule, PM2.5
nonattainment designations are in effect
for 39 areas, comprising 208 counties
within 20 states (and the District of
Columbia) nationwide, with a combined
population of about 88 million. The
Pennsylvania portion of the
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Philadelphia area, which is the subject
of this rulemaking, is included in the
list of areas not attaining the 1997
annual PM2.5 NAAQS. The
Pennsylvania portion of the
Philadelphia area consists of the
following counties: Bucks, Chester,
Delaware, Montgomery, and
Philadelphia.
It should be noted that on November
13, 2009 (74 FR 58688), EPA revised the
existing designation tables in 40 CFR
part 81.339 to clarify that the 1997
designations were for both the annual
PM2.5 NAAQS and the 24-hour PM2.5
NAAQS. The Pennsylvania portion of
the Philadelphia area was designated
unclassifiable/attainment for the 24hour PM2.5 NAAQS.
B. Clean Air Fine Particle
Implementation Rule
On April 25, 2007 (72 FR 20586), EPA
issued the PM2.5 Implementation Rule
for the 1997 PM2.5 NAAQS. The ‘‘PM2.5
Implementation Rule’’ describes the
CAA framework and requirements for
developing SIPs for areas designated
nonattainment for the 1997 PM2.5
NAAQS. An attainment plan must
include a demonstration that a
nonattainment area will meet the
applicable NAAQS within the
timeframe provided in the statute. This
demonstration must include modeling
(40 CFR 51.1007) that is performed in
accordance with EPA modeling
guidance (EPA–454/B–07–002, April
2007). It must also include supporting
technical analyses and descriptions of
all relevant adopted Federal, State, and
local regulations and control measures
that have been adopted in order to
provide attainment of the 1997 PM2.5
NAAQS by the proposed attainment
date.
For the 1997 PM2.5 NAAQS, an
attainment plan must show that a
nonattainment area will attain the 1997
PM2.5 NAAQS as expeditiously as
practicable, but within five years of
designation (i.e. attainment date of April
2010 based on air quality data for 2007
through 2009). If the area is not
expected to meet the NAAQS by April
2010, a state may request to extend the
attainment date by one to five years
based on the severity of the
nonattainment problem or the feasibility
of implementing control measures (CAA
section 172(a)(2)) in the specific area.
For EPA to approve an extension of the
attainment date beyond 2010, the state
must provide an analysis to support the
request and demonstrate that the
attainment date is as expeditious as
practicable for the area given the facts
and circumstances of the area and
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consistent with the statutory criteria for
an extension.
For each nonattainment area, the state
must demonstrate that it has adopted all
RACM, including all RACT for the
appropriate emissions sources, needed
to provide for attainment of the PM2.5
standards in the specific nonattainment
area ‘‘as expeditiously as practicable.’’
The PM2.5 Implementation Rule
provided guidance for making these
RACM/RACT determinations (See,
Section IV.A.4 below). Any measures
that are necessary to meet these
requirements that are not already
Federally promulgated or in an EPAapproved part of the state’s SIP must be
submitted as part of a state’s attainment
demonstration. Any state measures must
meet the applicable statutory and
regulatory requirements, and in
particular, must be Federally
enforceable.
The PM2.5 Implementation Rule also
included guidance on pollutants that
states must address in their attainment
plans. The CAA (section 302(g))
authorizes EPA to regulate criteria
pollutants and their precursors. In the
case of PM2.5, the main chemical
precursors are sulfur dioxide (SO2),
nitrogen oxides (NOX), ammonia (NH3),
and volatile organic compounds (VOCs).
The effect of reducing emissions of
precursor pollutants that contribute to
PM2.5 concentrations varies by area,
however, depending on PM2.5
composition, emission levels, and other
area-specific factors. For this reason, the
PM2.5 Implementation Rule provided
guidance recommending that states elect
direct PM2.5 emissions and the precursor
that would be most effective for
attaining the NAAQS within the specific
area, based upon an appropriate
technical demonstration.
In accordance with the PM2.5
Implementation Rule, direct PM2.5
emissions means ‘‘solid particles
emitted directly from an air emissions
source or activity, or gaseous emissions
or liquid droplets from an air emissions
source or activity which condense to
form particulate matter at ambient
temperatures. Direct PM2.5 emissions
include elemental carbon, directly
emitted organic carbon (OC), directly
emitted sulfate (SO4), directly emitted
nitrate (NO3), and other inorganic
particles (including but not limited to
crustal material, metals, and sea salt).’’
The PM2.5 Implementation Rule
requires all states to address SO2 as a
PM2.5 attainment plan precursor and to
evaluate SO2 for possible control
measures in all PM2.5 nonattainment
areas. States are required to address
NOX as a PM2.5 attainment plan
precursor and evaluate reasonable
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controls for NOX in all PM2.5 attainment
plans, unless the state and EPA make a
finding that NOX emissions from
sources in the state do not significantly
contribute to PM2.5 concentrations in the
relevant nonattainment area.
Although current scientific
information shows that certain VOC
emissions are precursors to the
formation of secondary organic aerosol,
and significant progress has been made
in understanding the role of gaseous
organic material in the formation of
organic particular matter (PM), this
relationship remains complex. Further
research and technical tools are needed
to better characterize emissions
inventories for specific VOC compounds
and to determine the extent of the
contribution of specific VOC
compounds to organic PM mass.
Because of these factors, the PM2.5
Implementation Rule did not require
states to address VOCs as PM2.5
attainment plan precursors and evaluate
them for control measures, unless the
state or EPA makes a finding that VOCs
significantly contribute to a PM2.5
nonattainment problem in the specific
area or to other downwind air quality
concerns.
The PM2.5 Implementation Rule also
describes the formation of particles
related to NH3 emissions, which is a
complex, nonlinear process. Though
recent studies have improved our
understanding of the role of NH3 in
aerosol formation, ongoing research is
needed to better describe the
relationships between NH3 emissions,
PM concentrations, and related impacts.
Also, area-specific data is needed to
evaluate the effectiveness of reducing
NH3 emissions on reducing PM2.5
concentrations in different areas, and to
determine where NH3 decreases may
increase the acidity of particles and
precipitation. For these reasons, in the
PM2.5 Implementation Rule, NH3 is
presumed not to be a PM2.5 attainment
plan precursor, meaning that the state is
not required to address NH3 in its
attainment plan or evaluate sources of
NH3 emissions for reduction measures,
unless the state or EPA makes a finding
that NH3 significantly contributes to a
PM2.5 nonattainment problem in the
area or to other downwind air quality
concerns.
The presumptive inclusion of NOX,
and the presumptive exclusion of VOC
and NH3 as attainment plan precursors
can be reversed based on an acceptable
technical demonstration for a particular
nonattainment area by the state or EPA.
Such a demonstration should include
information from multiple sources,
including results of speciation data
analyses, air quality modeling studies,
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chemical tracer studies, emission
inventories, or special intensive
measurement studies to evaluate
specific atmospheric chemistry in an
area (See, the PM2.5 Implementation
Rule for more information).
The PM2.5 Implementation Rule also
provided guidance for the other
elements of a state’s attainment plan,
including, but not limited to, emission
inventories, contingency measures, and
MVEBs used for transportation
conformity purposes.
There are, however, three aspects of
the PM2.5 Implementation Rule for
which EPA received petitions
requesting reconsideration. These
pertain to the presumption or advance
determination that compliance with the
requirements of the Clean Air Interstate
Rule (CAIR) automatically satisfies the
requirements for RACT or RACM for
NOX or SO2 emissions from electric
generating unit (EGU) sources
participating in regional cap and trade
programs; the suggestion in the
preamble that the economic feasibility
element of a RACT determination for
EGUs should include consideration of
whether the cost of a measure is
reasonable in light of the benefits; and
the policy described in the preamble of
allowing certain emissions reductions
from outside the nonattainment area to
be credited as meeting the RFP
requirement. EPA is granting these
petitions and intends to undertake
rulemaking to change these aspects of
the PM2.5 Implementation Rule. The
attainment plan for the Pennsylvania
portion of the Philadelphia area did not
rely on any of these aspects of the rule.
C. Attaining Data Determination and
Finding of Attainment
The data in Table 1 indicates that the
Pennsylvania portion of the
Philadelphia area is meeting the 1997
annual PM2.5 NAAQS. In addition,
Table 2 shows that the Philadelphia area
continues to attain the 1997 annual
PM2.5 NAAQS by 2010. More detailed
information can be found in the TSD
entitled, ‘‘Technical Support Document
for the Modeling Portion of the
Commonwealth of Pennsylvania’s Fine
Particulate Matter State Implementation
Plan,’’ dated October 11, 2011, available
on line at www.regulations.gov, Docket
No. EPA–R03–OAR–2010–0391.
However, this action does not determine
that the Pennsylvania portion of the
Philadelphia area has attained the 1997
annual PM2.5 NAAQS and the
information is included here only to
support Pennsylvania’s demonstration
that the Pennsylvania portion of the
Philadelphia area could meet the
attainment date of April 5, 2010, and
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continues to attain based on the most
recent data available. EPA plans to take
action to formally determine the
Pennsylvania portion of the
Philadelphia area’s attainment of the
1997 annual PM2.5 NAAQS in a separate
action.
TABLE 1—2009 ANNUAL AVERAGED PM2.5 DESIGN VALUE
County
Site name
Bucks ............................................................................
Chester .........................................................................
Delaware .......................................................................
Montgomery ..................................................................
Philadelphia ..................................................................
Philadelphia ..................................................................
Philadelphia ..................................................................
Philadelphia ..................................................................
Bristol ............................................................................
New Garden .................................................................
Chester .........................................................................
Norristown .....................................................................
AMS Lab .......................................................................
NE Airport .....................................................................
Broad Street .................................................................
Elmwood .......................................................................
Design value
(μg/m3)
Site No.
420170012
420290100
420450002
420910013
421010004
421010024
421010047
421010136
12.1
12.4
13.3
11.3
12.9
11.9
13.5
12.7
TABLE 2—2008–2010 MONITORED ANNUAL DESIGN VALUES
Design value (μg/m3)
County
Site name
Site No.
2008
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Bucks ...............................................
Chester ............................................
Delaware ..........................................
Montgomery .....................................
Philadelphia .....................................
Philadelphia .....................................
Philadelphia .....................................
Philadelphia .....................................
Bristol .................................................
New Garden ......................................
Chester ..............................................
Norristown ..........................................
AMS Lab ............................................
NE Airport ..........................................
Broad Street ......................................
Elmwood ............................................
III. What is included in the
Pennsylvania attainment plan?
In accordance with section 172(c) of
the CAA and the PM2.5 Implementation
Rule, the attainment plan submitted on
April 12, 2010 by PADEP for the
Pennsylvania portion of the
Philadelphia area included: (1) An
emissions inventory for the plan’s base
year (2002); (2) an attainment
demonstration; and (3) MVEBs for the
attainment year. The attainment
demonstration includes: (a) Technical
analyses that locate, identify, and
quantify sources of emissions
contributing to violations of the 1997
annual PM2.5 NAAQS; (b) analyses of
future year emissions reductions and air
quality improvements expected to result
from national and local programs from
new measures to meet RACM/RACT; (c)
adopted emission reduction measures
with schedules for implementation; and
(d) contingency measures for NOX and
SO2 to be implemented if the area did
not meet RFP or did not attain the
standard by the attainment date.
To analyze future year emissions
reductions and air quality
improvements, Pennsylvania used local,
regional, and national modeling
analyses that have been developed to
support Federal and local emission
reduction programs. This modeling was
performed in accordance with EPA’s
‘‘Guidance on the Use of Models and
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420170012
420290100
420450002
420910013
421010004
421010024
421010047
421010136
Other Analyses for Determining
Attainment of Air Quality Goals for
Ozone, PM2.5, and Regional Haze’’
(EPA–454/B–07–002, April 2007).
IV. What is EPA’s analysis of the
Pennsylvania attainment plan
submittal?
A. Attainment Demonstration
1. Pollutants Addressed
In accordance with policies described
in the PM2.5 Implementation Rule,
Pennsylvania’s PM2.5 attainment plan
evaluates emissions of direct PM2.5, SO2,
and NOX in the Pennsylvania portion of
the Philadelphia area. Because of
uncertainties regarding NH3 emission
inventories and the efficacy of ammonia
control technologies as noted earlier in
this notice, the final rule sets forth the
presumption that NH3 is not a PM2.5
precursor and that the states are not
required to address NH3 in their
attainment plan. Similarly, VOC
emissions are presumed not to be an
attainment plan precursor because of
uncertainties regarding the role of VOC
in secondary organic aerosol formation.
Pennsylvania’s attainment plan does not
reverse this presumption.
2. Emissions Inventory Requirements
States are required under section
172(c)(3) of the CAA to develop
emissions inventories of point, area,
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2009
12.6
13.4
14.1
12.3
13.4
12.4
14.5
13.2
2010
12.2
13.9
13.7
11.7
12.5
11.5
13.0
13.3
11.3
13.8
13.1
10.5
11.5
10.5
11.9
........................
onroad mobile, and nonroad mobile
sources for their attainment
demonstrations. These inventories
provide a detailed accounting of all
emissions and emission sources by
precursor or pollutant. In addition,
inventories are used to model air quality
to demonstrate that attainment of the
1997 PM2.5 NAAQS as expeditiously as
practicable, and if an attainment
extension beyond 2010 is needed to
support the need for such an extension.
Emissions inventory guidance was
provided in the April 1999 document
‘‘Emissions Inventory Guidance for
Implementation of Ozone and
Particulate Matter NAAQS and Regional
Haze Regulations’’ (EPA–454/R–99–
006), which was updated in November
2005 (EPA–454/R–05–001). Emissions
reporting requirements were provided
in the 2002 Consolidated Emissions
Reporting Rule (CERR) (67 FR 39602).
On December 17, 2008 (73 FR 76539),
EPA promulgated the Air Emissions
Reporting Requirements (AERR) to
update emissions reporting
requirements in the CERR, and to
harmonize, consolidate and simplify
data reporting by states.
In accordance with the AERR and the
November 2005 guidance, the PM2.5
Implementation Rule required states to
submit inventory information on
directly emitted PM2.5 and PM2.5
precursors and any additional inventory
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information needed to support an
attainment demonstration.
The SIP base year inventory is the
primary inventory from which other
inventories (3-year cycle inventories,
RFP inventories, modeling inventories)
are derived. The CAA calls for state,
local, and tribal agencies to ensure that
the base year inventory is
comprehensive, accurate, and current
for all actual emissions (EPA–454/R–
05–001). The base year inventory
includes emissions estimates from
stationary point and nonpoint sources,
onroad mobile sources, and nonroad
mobile sources. For the PM2.5 NAAQS,
the pollutants to be inventoried are
primary emissions (including
condensables) of PM10 and PM2.5, and
emissions of SO2, NH3, VOC, and NOX,
and are reported as actual annual
weekday emissions. The State Air
Agencies defined 2002 as the base year
inventory. The pollutants inventoried
for the Pennsylvania portion of
Philadelphia area included PM10, PM2.5,
SO2, NH3, VOC, and NOX. Information
on the manmade sources of direct PM
and its potential precursors, SO2, NH3,
VOC, and NOX was compiled for:
Stationary sources (or point sources),
which are sources for which PADEP
collects individual emissions-related
information, generally represent major
stationary sources but may be smaller.
The point source data for 2002 is
derived from the Air Information
Management System/environment,
Facility, Application, Compliance
Tracking System (AIMS/eFACTS). The
AIMS/eFACTS database is comprised of
sources identified and inventoried by
PADEP’s regional and central offices
through permitting, field inspections,
and surveys.
Area sources, which are industrial,
commercial, and residential sources too
small or too numerous to be handled
individually, include, but are not
limited, to commercial and residential
open burning, architectural and
industrial maintenance coatings
applications and clean-up, consumer
product use, and vehicle refueling at
service stations. Where there is overlap
between stationary point sources and
stationary area sources, the area source
values are adjusted to remove any
double counting. PADEP’s inventory
contained estimations of emissions by
multiplying an emission factor by an
indicator or activity level for each
category at the county level. These
emissions are calculated on an annual
basis since the activity data are
generally available on an annual basis.
Area source estimates were provided by
source classification code (SCC).
Highway vehicles, which include
passenger cars and light-duty trucks,
other trucks, buses, and motorcycles, are
onroad mobile source emissions
inventory that was developed using the
most current version of EPA’s highway
mobile source emissions model
MOBILE6.2. PADEP also used PPSUITE,
an enhanced version of the Post
Processor for Air Quality software
systems used for previous inventory
submissions in Pennsylvania. The
Pennsylvania Department of
Transportation (PennDOT) provided
estimates of vehicles miles traveled
(VMT) by vehicle type and roadway
type. PADEP provided sample
MOBILE6.2 input files and estimates for
review.
Nonroad sources, which encompass a
diverse collection of engines, including,
but not limited to, outdoor power
equipment, recreational vehicles, farm
and construction machinery, lawn and
garden equipment, industrial
equipment, recreational marine vessels,
commercial marine vessels,
locomotives, ships, and aircraft were
estimated using the EPA NONROAD
2005 model.
The emissions inventory for the base
year, 2002, was developed in
accordance with EPA guidance,
‘‘Emissions Inventory Guidance for
Implementation of Ozone and
Particulate Matter National Ambient Air
Quality Standards and Regional Haze
Regulations, EPA–454/R–05–001,
August 2005, updated November 2005.’’
Table 3 summarizes the emissions for
2002.
TABLE 3—2002 ANNUAL EMISSIONS
[Tons per year]
Philadelphia area 2002
PM2.5
PM10
SO2
NOx
VOC
NH3
2139
10020
1033
1535
3430
55224
1492
1611
23745
13153
1920
1640
22124
13029
63476
21619
8183
59227
33974
21589
256
4821
2614
14
Total ..................................................
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Stationary Point Sources .........................
Area Sources ...........................................
Highway Vehicle Sources ........................
Nonroad Sources .....................................
14727
61758
40459
120248
122973
7705
The review and evaluation of the
methods used for the emissions
inventory submitted by Pennsylvania
are found in the attainment plan
submittal (section III) and a TSD
entitled ‘‘Technical Support Document
for the Pennsylvania portion of the
Philadelphia-Wilmington, PA-NJ-DE
PM2.5 Noanattainment Area: State
Implementation Plan Attainment
Demonstration and Base Year
Inventory,’’ dated October 11, 2011,
available on line at
www.regulations.gov, Docket No. EPA–
R03–OAR–2010–0391. EPA is proposing
to approve the 2002 base year emissions
inventory for the Pennsylvania portion
of the Philadelphia area as meeting the
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requirements of section 172(c)(3) of the
CAA.
PM2.5 is comprised of filterable and
condensable emissions. Condensable
particulate matter (CPM) can comprise a
significant percentage of direct PM2.5
emissions from certain sources, and are
required to be included in national
emission inventories based on emission
factors. Test Methods 201A and 202 are
available for source-specific
measurement of condensable emissions.
However, the PM2.5 Implementation
Rule acknowledged that there were
issues and concerns related to
availability and implementation of these
test methods as well as uncertainties in
existing data for condensable PM2.5. In
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recognition of these concerns, EPA
established a transition period during
which EPA could assess possible
revisions to available test methods and
to allow time for states to update
emissions inventories as needed to
address direct PM2.5, including
condensable emissions. Because of the
time required for this assessment, EPA
recognized that states would be limited
in how to effectively address CPM
emissions, and established a period of
transition, up to January 1, 2011, during
which state submissions for PM2.5 were
not required to address CPM emissions.
Amendments to these test methods were
proposed on March 25, 2009 (74 FR
12969), and finalized on December 21,
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2010 (75 FR 80118). The amendments to
Method 201A added a particle-sizing
device for PM2.5 sampling, and the
amendments to Method 202 revised the
sample collection and recovery
procedures of the method to reduce the
formation of reaction artifacts that could
lead to inaccurate measurements of
CPM emissions.
The period of transition for
establishing emissions limits for
condensable direct PM2.5 ended on
January 1, 2011. PM2.5 submissions
made during the transition period are
not required to address CPM emissions;
however, states must address the control
of direct PM2.5 emissions, including
condensable emissions, with any new
action taken after this January 1, 2011.
Pennsylvania submitted the
Pennsylvania portion of the
Philadelphia area attainment plan prior
to January 1, 2011 and did not consider
condensables.
In July 2008, EarthJustice filed a
petition requesting reconsideration of
EPA’s transition period for CPM
emissions provided in the PM2.5
Implementation Rule. In January 2009,
EPA decided to allow states that have
not previously addressed CPM to
continue to exclude CPM for Prevention
of Significant Deterioration (PSD)
permitting during the transition period.
Today’s action reflects a review of
Pennsylvania’s submittal based on
current EPA guidance as described in
the PM2.5 Implementation Rule.
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3. Modeling
All attainment demonstrations must
include modeling that is performed in
accordance with EPA’s ‘‘Guidance on
the Use of Models and Other Analyses
for Demonstrating Attainment of Air
Quality Goals for Ozone, PM2.5, and
Regional Haze’’ (EPA–454/B–07–002,
April 2007). Modeling may be based on
national (e.g., EPA), regional (e.g.,
Ozone Transport Commission), local
modeling, or a combination thereof, if
appropriate. A brief description of
modeling used to support
Pennsylvania’s attainment
demonstration follows. More detailed
information can be found in the TSD
entitled, ‘‘Technical Support Document
for the Modeling Portion of the
Commonwealth of Pennsylvania’s Fine
Particulate Matter State Implementation
Plan,’’ dated October 11, 2011, available
on line at www.regulations.gov, Docket
number EPA–R03–OAR–2011–0391.
The Philadelphia area’s attainment plan
addressed the following components of
a modeled attainment demonstration.
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a. Conceptual Description of the
Problem
A conceptual model describes how
weather patterns affect the formation
and transport of PM2.5, accounting for
emissions and photochemistry. A
conceptual model for the Philadelphia
area’s attainment plan is described in a
document prepared by the Northeast
States for Coordinated Air Use
Management (NESCAUM), ‘‘The Nature
of the Fine Particle and Regional Haze
Air Quality Problems in the MidAtlantic Northeast Visibility Union
(MANE–VU) Region: A Conceptual
Description (NESCAUM), November
2006,’’ for use by the Ozone Transport
Commission (OTC) member states
which provides the conceptual
description of PM2.5 issues in the OTC
states and is consistent with EPA’s
guidance.
b. The Model Used in the Attainment
Demonstration
By agreement of OTC, the New York
State Department of Environmental
Conservation (NYSDEC) ran the
Community Multi-scale Air Quality
Model (CMAQ) for the states in the
northeast ozone transport region that
includes Pennsylvania. EPA agrees
CMAQ is appropriate for this modeling
demonstration. The inputs of the model
are described in section V of the
attainment plan submittal.
c. Meteorological Time Periods Used in
the Modeling
Since the Philadelphia area’s
attainment demonstration used a
resource intensive photochemical grid
model, EPA accepts the use of single,
recent representative year to be used for
an annual simulation. Two factors were
used in selecting 2002 as the
representative year. The observed
annual mean concentrations of PM2.5 are
close to the 3-year observed design
value at all, or most monitoring sites,
and the pattern of quarterly mean values
is similar to the pattern of quarterly
mean concentrations averaged over 3
years.
d. Meteorological Data Used in the Air
Quality Model
The OTC modeling committee
decided to use a prognostic
meteorological model that provides lifelike meteorological inputs to the
photochemical grid model. The
Pennsylvania State University/National
Center for Atmospheric Research
Mesoscale Meteorological Model (MM5)
version 3.6 was chosen for the modeling
analysis. The MM5 model provides a
reasonable representation of weather
conditions at the surface and aloft.
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e. Domain of the Model, Horizontal/
Vertical Resolution and the Initial and
Boundary Conditions
The modeling domain extends from
Maine to Florida and out in the Atlantic
Ocean on the east and west to the
Mississippi River. The size of the
modeling domain was made large
enough to include all emission sources
that affect PM2.5 concentration in the
northeastern United States. Even this
boundary is defined by a larger
photochemical modeling domain that
covers much of North America. Over the
northeastern United States, the model
used 12 kilometer grid cells. The
Pennsylvania portion of the
Philadelphia area is included in the 12
kilometer grid cell area. The OTC
Modeling Committee used a 12kilometer grid size for the areas in and
near its states to provide a fine enough
grid resolution to adequately capture the
PM patterns experienced in the ozone
transport region (OTR). Outside the
local areas the grid resolution used in
the modeling is 36 kilometers. The
selection of model domains and
horizontal grid resolution was deemed
acceptable to EPA.
Vertical resolution is the number of
layers and the size of each layer in the
model. The layers in the photochemical
grid model were set up to be compatible
with the model that produced weather
conditions for the photochemical grid
model. The vertical resolution used in
the modeling exercise followed EPA’s
modeling guidance and therefore
adequately represents the atmosphere
where PM2.5 is emitted, forms and is
transported.
f. Emissions Used in the Air Quality
Model
The emissions data for 2002 were
generated by individual states within
the OTR and assembled and processed
through Mid-Atlantic Northeast
Visibility Union (MANE–VU), a
Regional Planning Organization (RPO).
These emissions were then processed by
NYSDEC using the sparse matrix
operator kernel emissions (SMOKE)
emissions processor to provide CMAQ
compatible inputs. The 2002 emissions
for the non-OTR areas within the
modeling domain were obtained from
the corresponding RPOs and were
processed using SMOKE, in manner
similar to that of the OTR emissions.
The OTR states, through MANE–VU,
contracted MACTEC Federal Programs
(called Contractor) to develop 2009,
2012 and 2018 inventories based on
2002 inventories that the states had
previously developed for the base-year
model work. The Contractor, in
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consultation with the states, developed
the necessary growth and control factors
and applied to the 2002 inventory.
g. Base Case Run Model Performance
Evaluation
NYSDEC performed a model
evaluation for the OTC to determine
how well CMAQ reproduced the 2002
PM2.5 concentrations. CMAQ was
employed to simulate PM2.5 for the
calendar year 2002. A review of PM2.5
and its individual species was
conducted for the study domain. Several
observations were made with respect to
model performance: (1) Approximately
80–90 percent of organic mass (OM) is
in the primary fraction; (2) CMAQ
captures seasonal variation in SO4 well;
(3) CMAQ appears to overestimate
primary PM2.5 components, especially
during colder months; and (4) CMAQ
appears to underestimate secondary OM
during the summer.
These issues are not of great
regulatory concern since attainment
tests are based on the application of
relative response factors. Therefore, the
regional and local model performance is
acceptable for PM2.5. While there are
some differences between the spatial
data between sub-regions, there is
nothing to suggest a tendency for the
model to respond in a systematically
different manner between regions.
Examination of the statistical metrics by
sub-region confirms the absence of
significant performance problems
arising in one area but not in another,
building confidence that the CMAQ
modeling system is operating
consistently across the full OTC
domain. This confidence in the
modeling results allows for the
modeling system to be used to support
the attainment plan to meet the 1997
annual PM2.5 NAAQS.
h. 2009 Control Case Modeling and
Modeled Attainment Test
As previously mentioned, the
Pennsylvania portion of the
Philadelphia area has an attainment
date of April 5, 2010. The PM2.5 NAAQS
include an annual standard of 15 mg/m3
based on the 3-year average of annual
mean PM2.5 concentrations. The
purpose of a modeling assessment is to
determine if control strategies currently
being implemented (‘‘on the books’’)
will lead to attainment of the annual
average NAAQS for PM2.5 by 2009. The
modeling is applied in a relative sense,
similar to the 8-hour ozone attainment
test. However, the PM2.5 attainment test
is more complicated and reflects the fact
that PM2.5 is a mixture. In the test,
ambient PM2.5 is divided into major
components, with a separate relative
response factor (RRF) and Future Design
Value (FDV) calculated for each of the
PM2.5 components. Since the attainment
test is calculated on a per species basis,
the attainment test for PM2.5 is referred
to as the Speciated Modeled Attainment
Test (SMAT).
Table 4 presents the results of the
annual SMAT results for the
Philadelphia area. The SMAT results
demonstrate that the projected average
annual arithmetic mean PM2.5
concentration calculated at each Federal
Reference Method (FRM) monitor
attains the annual PM2.5 NAAQS.
Specifically, all calculations are less
than15 mg/m3. Table 4 presents the
results of the annual SMAT results for
a suite of regional modeling runs
conducted by OTC each representing
OTB/OTW—‘‘On the Books, On the
Way’’ control measures. All runs
demonstrate compliance with the
annual PM2.5 NAAQS.
TABLE 4—ANNUAL SMAT RESULTS FOR PHILADELPHIA-WILMINGTON, PA-NJ-DE PM2.5 NONATTAINMENT AREA ON-THEBOOKS-ON-THE-WAY CONTROL MEASURES
2000–2004 Baseline design value
AIRS ID
Site name
County
Q1
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420170012
420290100
420450002
420910013
421010004
421010024
421010047
421010136
100031003
100031007
100031012
100032004
340070003
340071007
340155001
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
Bristol .................
New Garden .......
Chester ...............
Norristown ..........
AMS Lab ............
NE Airport ...........
Broad Street .......
Elmwood ............
Bellefonte ...........
Lums Pond .........
Newark ...............
MLK ....................
Camden ..............
Pennsauken .......
Gibbstown ..........
Bucks .................
Chester ...............
Delaware ............
Montgomery .......
Philadelphia ........
Philadelphia ........
Philadelphia ........
Philadelphia ........
New Castle .........
New Castle .........
New Castle .........
New Castle .........
Camden ..............
Camden ..............
Gloucester ..........
In summary, the basic photochemical
grid modeling, presented in the
Philadelphia area attainment plan, used
the methods recommended in EPA’s
modeling guidance. When EPA’s
attainment test is applied to the
modeling results, the 2009 annualaverage PM2.5 design value is predicted
to be 13.5mg/m3 in the Philadelphia
area. Therefore, based on EPA’s
modeled attainment test, the
Pennsylvania portion of the
Philadelphia area reached attainment of
the annual average PM2.5 standard in
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PA
PA
PA
PA
PA
PA
PA
PA
DE
DE
DE
DE
NJ
NJ
NJ
............
............
............
............
............
............
............
............
............
...........
............
...........
............
............
............
Q2
14.14
14.39
15.07
12.68
15.99
13.58
16.59
15.70
14.87
13.16
15.27
16.41
13.99
13.99
13.92
i. Supplemental Analyses and Weight of
Evidence (WOE) Determination
EPA’s modeling guidance states that
additional analyses are recommended to
determine if attainment will be likely,
even if the modeled attainment test is
‘‘passed.’’ The guidance recommends
supplementary analyses in all cases.
EPA’s modeling guidance describes how
to use a photochemical grid model and
additional analytical methods to
Frm 00026
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Q3
13.69
14.73
15.96
13.62
14.01
13.63
16.45
14.20
15.16
14.37
14.91
15.40
14.54
14.00
13.43
2009 before the attainment date of April
5, 2010.
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2009
State
14.73
16.36
16.34
13.96
15.95
14.95
15.80
15.27
15.50
16.05
16.53
17.61
15.76
14.75
15.08
Q4
13.85
13.76
13.74
12.34
13.82
12.96
15.37
12.99
13.13
10.66
13.14
14.04
12.47
13.59
11.39
DVF
12.1
12.4
13.3
11.3
12.9
11.9
13.5
12.7
12.6
11.3
12.6
13.3
12.3
12.3
11.7
complete a WOE analysis to estimate if
emissions control strategies will lead to
attainment. A WOE analysis is a
supporting analysis that helps to
determine if the results of the
photochemical modeling system are
correctly (or not correctly) predicting
future air quality.
All models, including the CMAQ
model have inherent uncertainties. Over
or under prediction may result from
uncertainties associated with emission
inventories, meteorological data, and
representation of PM2.5 chemistry in the
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model. Therefore, EPA modeling
guidance provides for other evidence to
address these model uncertainties so
that proper assessment of the
probability to attain the applicable
standards can be made. EPA modeling
guidance states that those modeling
analyses that show that attainment with
the NAAQS will be reached in the
future with some margin of safety (i.e.,
estimated concentrations below 14.5 mg/
m3 for annual PM2.5 and 62 mg/m3 for
24-hour PM2.5) need more limited
supporting material.
Due to the fact that the modeling
results presented in Table 4 fall below
the aforementioned ‘‘weight of
evidence’’ thresholds established by
EPA, a limited supplemental analysis
was deemed necessary to support the
2009 attainment demonstration.
PADEP’s supporting evidence includes
a brief summary of the modeling
demonstration, recent trends in the
Philadelphia area’s monitoring data and
a brief analysis of some of the largest
SO2 sources within the nonattainment
area.
4. Reasonably Available Control
Measures/Reasonably Available Control
Technology
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a. Requirements for RACM/RACT
CAA section 172(c)(1) requires that
each attainment plan ‘‘provide for the
implementation of all RACM as
expeditiously as practicable, including
such reductions in emissions from the
existing sources in the area as may be
obtained through the adoption, at a
minimum, of RACT, and shall provide
for attainment of the national primary
ambient air quality standards.’’ EPA
interprets RACM including RACT under
section 172 as measures that a state
finds are both reasonably available and
contribute to attainment as
expeditiously as practicable in the
nonattainment area. Thus, what
constitutes RACM or RACT in a PM2.5
nonattainment area is closely tied to the
expeditious attainment demonstration
of the plan. See, 40 CFR 51.1010; 72 FR
20586 at 20612.
States are required to evaluate RACM/
RACT for direct PM2.5 emissions and all
of the area’s attainment plan precursors.
See, 40 CFR 51.1002(c); 72 FR 20586 at
20589–97. Consistent with the guidance
provided for the PM2.5 Implementation
Rule, a state initially must evaluate
RACM/RACT for sources that emit
direct PM2.5, SO2, and NOX. A state may
establish with an appropriate
demonstration that it should not
regulate NOX in the specific
nonattainment area, so it could thereby
forgo evaluation of RACM/RACT for
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NOX. Because EPA concluded that VOC
and NH3 are presumptively not
regulatory precursors for PM2.5, unless
the state or EPA determines that it is
necessary to regulate them in a specific
nonattainment area, the state is not
required to evaluate RACM/RACT for
sources of VOC or NH3 unless there is
a determination supported by an
appropriate demonstration that such
emissions need to be regulated for
expeditious attainment of the NAAQS
in the specific area.
For PM2.5 attainment plans, the PM2.5
Implementation Rule requires a
combined approach to RACM and RACT
under subpart 1 of Part D of the CAA.
Subpart 1, unlike subparts 2 and 4, does
not identify specific source categories
for which EPA must issue control
technique documents or guidelines, or
identify specific source categories for
state and EPA evaluation during
attainment plan development. See 72 FR
20586 at 20610. Rather, under subpart 1,
EPA considers RACT to be part of an
area’s overall RACM obligation
consistent with the section 172
definition. Because of the variable
nature of the PM2.5 problem in different
nonattainment areas which may require
states to develop attainment plans that
address widely disparate circumstances,
EPA determined not only that states
should have flexibility with respect to
RACM/RACT controls, but also that in
areas needing significant emission
reductions, RACM/RACT controls on
smaller sources may be necessary to
reach attainment as expeditiously as
practicable. See, 72 FR 20586 at 20612,
20615. Thus, under the PM2.5
Implementation Rule, RACM and RACT
are those reasonably available measures
that contribute to attainment as
expeditiously as practicable in the
specific nonattainment area. See, 40
CFR 51.1010; 72 FR 20586 at 20612.
Specifically, the PM2.5
Implementation Rule requires that
attainment plans include the list of
measures that a state considered and
information sufficient to show that the
state met all requirements for the
determination of what constitutes
RACM/RACT in a specific
nonattainment area. See, 40 CFR
51.1010(a). In addition, the PM2.5
Implementation Rule requires that the
state, in determining whether a
particular emissions reduction measure
or set of measures must be adopted as
RACM/RACT, consider the cumulative
impact of implementing the available
measures and to adopt as RACM/RACT
any potential measures that are
reasonably available considering
technological and economic feasibility
if, considered collectively, they would
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67647
advance the attainment date by one year
or more. If a measure or measures is not
necessary for expeditious attainment of
the NAAQS in the area, then by
definition that measure is not RACM/
RACT for purposes of the 1997 PM2.5
NAAQS in that area. Any measures that
are necessary to meet these
requirements which are not already
either Federally promulgated, part of the
state’s SIP, or otherwise creditable in
SIPs must be submitted in enforceable
form as part of a state’s attainment plan
for the area. See, 72 FR 20586 at 20614.
Guidance provided in the PM2.5
Implementation Rule for evaluating
RACM/RACT level controls for an area
also indicated that there could be
flexibility with respect to those areas
that were predicted to attain the 1997
PM2.5 NAAQS within five years of
designation as a result of existing
national or local measures. See, 72 FR
20586 at 20612. In such circumstances,
EPA indicated that the state may
conduct a more limited RACM/RACT
analysis that does not involve additional
air quality modeling. Moreover, the
RACM/RACT analysis for such area
would focus on a review of reasonably
available measures, the estimation of
potential emissions reductions, and the
evaluation of the time needed to
implement the measures. Thus, the
PM2.5 Implementation Rule guidance
recommended that not all areas would
need to conduct as rigorous an analysis,
and suggested that a less rigorous
analysis would be needed for those
areas expected to attain within the
initial five years from designation as a
nonattainment area for the 1997 PM2.5
NAAQS. A more comprehensive
discussion of the RACM/RACT
requirement for PM2.5 attainment plans
and EPA’s guidance for it can be found
in the PM2.5 Implementation Rule
preamble. See, 72 FR 20586 at 20609–
20633.
b. Pennsylvania’s Analysis of Pollutants
and Sources Pennsylvania Portion of the
Philadelphia Area
Based upon the emissions inventory
for the area, Pennsylvania determined
that it would be appropriate to evaluate
sources of PM2.5, SO2, and NOX located
in the nonattainment area for potential
control as RACM/RACT. Pennsylvania
did not determine that controls of
sources of VOC or NH3 would be
necessary for expeditious attainment of
the NAAQS in this area, nor does EPA
believe that there is a need to do so.
After evaluating which pollutants
should be addressed in the attainment
plan, Pennsylvania identified all source
categories of those emissions located
within the nonattainment area to
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determine available controls that could
bring the area into attainment as
expeditiously as possible. See, section
IV.B of the attainment plan submittal.
Based on the emissions inventory and
other information, Pennsylvania
identified the following source
categories as sources that should be
evaluated for controls: Consumer
products; portable fuel containers;
adhesives and sealants application;
diesel engine chip reflash; cutback and
emulsified asphalt paving; cement kilns;
glass furnaces; industrial, commercial,
and institutional (ICI) boilers; regional
fuels; and electric generating units
(EGUs).
The attainment plan submittal
contains the Ozone Transport
Commission (OTC) report entitled,
‘‘Identification and Evaluation of
Candidate Control Measures, Final
Technical Support Document
(MACTEC, February 2007).’’ This final
report contains detailed information
about the process and includes tables
summarizing the emission reduction
potential of each control measure by
source category and projection year.
Pennsylvania also participated in an
assessment of control measures for
pollutants and sources affecting
visibility though the MANE–VU
regional haze process. MANE–VU
developed a list of control measures for
consideration and analysis: coal and oilfired EGUs; point and area source
industrial, commercial, and institutional
boilers; cement kilns; lime kilns; the use
of heating oil; and residential wood
combustion and open burning.
The attainment plan submittal,
contains the final report entitled,
‘‘Assessment of Reasonable Progress for
Regional Haze in MANE–VU Class I
Areas (MACTEC, July 2000),’’ from the
MANE–VU control measure assessment
project. This report presents the results
of an analysis of the economic and
environmental impacts of the potential
scenarios that could be implemented by
MANE–VU states to reduce emissions
from selected source categories in order
to make reasonable progress toward
meeting visibility improvement goals.
In accordance with 40 CFR 51.1010, a
SIP revision for a PM2.5 nonattainment
area is required to demonstrate that all
RACM, including RACT stationary
sources necessary to demonstrate
attainment as expeditiously as
practicable have been adopted. The
cumulative impact of implementing
available measures must be considered
in determining whether a particular
emission reduction measure or set of
measures is required to be adopted as
RACM. Potential measures that are
reasonably available considering
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technical and economic feasibility must
be adopted as RACM if, considered
collectively, they would advance the
attainment date by one year or more.
Since the Pennsylvania portion of the
Philadelphia area attained at the end of
2009, any RACM measures need to be in
effect in 2008. PADEP determined that
there are no additional control measures
that could be adopted by January 1,
2008. In addition, existing measures and
measures planned for implementation
by 2009, enabled the Philadelphia area
to attain the 1997 PM2.5 NAAQS.
Therefore, no further actions on RACM
or RACT are warranted.
c. Pennsylvania’s Evaluation of RACM/
RACT Control Measures for the
Pennsylvania Portion of the
Philadelphia Area
In accordance with section 172 of the
CAA, the Pennsylvania portion of the
Philadelphia area has adopted all
RACM, including RACT, needed to
attain the standards ‘‘as expeditiously as
practicable.’’ Pennsylvania’s
demonstration for attaining the 1997
PM2.5 NAAQS in the Pennsylvania
portion of the Philadelphia area is based
on the following enforceable measures:
Small sources of NOX, cement kilns and
large stationary internal combustion
engines; new source review programs;
Federal standards for hazardous air
pollutants; source surveillance; Federal
Motor Vehicle Control Programs and
Pennsylvania Clean Vehicle Program for
passenger vehicles and light-duty trucks
and cleaner gasoline; reformulated
gasoline; heavy-duty diesel control
programs; vehicle emission inspection/
maintenance program; low sulfur
gasoline; diesel vehicle idling
restrictions; and nonroad sources
regulations.
Although VOC is not a regulated
PM2.5 precursor for the Philadelphia
area, VOC control measures approved
by EPA were included in the modeling
associated with this attainment plan:
Portable fuel containers (December 8,
2004, 69 FR 70893); consumer products
(December 8, 2004, 69 FR 70895); and
architectural and industrial
maintenance (AIM) coatings (November
23, 2004, 69 FR 69080).
d. Proposed Action on RACM/RACT
Demonstration and Control Strategy
EPA is proposing to approve
Pennsylvania’s evaluation of RACM/
RACT control measures for the
Pennsylvania portion of the
Philadelphia area. As noted above, the
most current monitoring data for this
area indicates that it is attaining the
1997 PM2.5 NAAQS. EPA’s guidance for
the PM2.5 Implementation Rule
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recommended that if an area was
predicted through the attainment plan
to attain the standard within five years
after designation, then the state could
submit a more limited RACM/RACT
analysis and the state could elect not to
do additional modeling.
In light of the fact that the
Pennsylvania portion of the
Philadelphia area is now attaining the
standards, EPA proposes to conclude
that the attainment plan meets the
RACM/RACT requirements of the PM2.5
Implementation Rule, and that the level
of control in the State’s attainment plan
constitutes RACM/RACT for purposes of
the 1997 PM2.5 NAAQS. Because the
PM2.5 Implementation Rule defines
RACM/RACT as that level of control
that is necessary to bring the area into
attainment, the current level of
Federally enforceable controls on
sources located within the area is by
definition RACM/RACT for this area for
this purpose.
5. Reasonable Further Progress
Section 172(c)(2) of the CAA requires
that attainment plans include RFP to
achieve steady progress toward meeting
air quality standards by showing
generally linear progress toward
attainment. The PM2.5 Implementation
Rule set forth that an area that
demonstrates attainment by 2010 will be
considered to have satisfied the RFP
requirement and need not submit any
additional material to satisfy the RFP
requirement. The EPA views the
attainment demonstration as also
demonstrating that the area is making
reasonable further progress toward
attainment. A state is required to submit
a separate RFP plan for any area for
which the state seeks an extension of
the attainment date beyond 2010. The
RFP plan is required to provide
emission reductions such that emissions
in 2009 represent generally linear
progress from the 2002 baseline year to
the attainment year. The Pennsylvania
portion of the Philadelphia area attained
by 2010, and has therefore met the RFP
requirements.
6. Contingency Measures
In accordance with section 172(c)(9)
of the CAA, the PM2.5 Implementation
Rule requires that PM2.5 attainment
demonstrations include contingency
measures. These measures must be fully
adopted and should contain trigger
mechanisms and an implementation
schedule. In addition, they should be
measures not already included in the
SIP control strategy and should provide
for emission reductions equivalent to
one year of RFP. Contingency measures
are implemented if RFP targets are not
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achieved, or if attainment is not realized
by the attainment date. Where an area
has already achieved attainment by the
attainment date, it has no need to rely
on contingency measures to come into
attainment or to make further progress
towards attainment. However, in
accordance with section 110(k)(2) of the
CAA, EPA must take action on the
contingency measures that were
submitted by Pennsylvania. The
attainment plan for the Pennsylvania
portion of the Philadelphia area
includes contingency measures to be
implemented if the area fails to attain by
its attainment date. The following
describes the specific control measures
that are anticipated to be in place in
order to bring the area back into
attainment should a violation occur.
The Diesel-Powered Commercial
Motor Vehicle Idling Act (Act 124) went
into effect on February 6, 2009. PADEP
estimates 50 percent of all long duration
idling for Class 8 trucks will be
eliminated in 2010 when the
temperature exemption for sleeper truck
rest expires. Statewide emission
reductions are estimated to be 1610
tons, 45 tons and 30 tons per year for
NOX, VOC and PM2.5, respectively.
PADEP will also utilize enhanced
enforcement to obtain additional
emission reductions.
Significant additional reductions in
NOX, direct PM2.5 and SO2 emissions
will occur in emissions from highway
and nonmobile sources after 2009. In
addition, NOX controls for cement kilns
and glass furnaces were approved by
EPA on July 19, 2011 (76 FR 42258) and
August 22, 2011 (76 FR 52283),
respectively. Furthermore, PM2.5 control
from the operation of outdoor woodfired boilers was approved by EPA on
September 20, 2011 (76 FR 58114).
Sulfur limits for fuel oil (home heating
oil and residential oil) are anticipated to
be adopted later. Regulations to reduce
VOC emissions are also in development,
including controls on the manufacture
and use of adhesives, primers and
sealants and regulations incorporating
the Control Technique Guidelines
issued by EPA in 2006, 2007 and 2008.
As required, these measures were
fully adopted rules or control measures
that were ready to be implemented
quickly upon failure of the area to
attain, were in addition to those
measures otherwise relied upon for
attainment, had trigger mechanisms and
a schedule for implementation, and
were at the level of reductions equal to
at least one year’s worth of reductions
needed for attainment in the area. EPA
finds that the measures submitted by
Pennsylvania have satisfied the
requirements for contingency purposes.
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EPA’s General Preamble interprets the
control measure requirements of
sections 172(c)(9) and 182(c)(9) to allow
states to implement measures before
they are triggered (57 FR 13498, 13511).
EPA has previously approved a number
of SIPs under this interpretation (66 FR
15844, April 3, 1997; 62 FR 66279,
December 18, 1997; 66 FR 30811, June
8, 2001; and 66 FR 586, and 66 FR 634,
January 3, 2001) and the Fifth Circuit
has upheld EPA’s interpretation.
Louisiana Environmental Action
Network v. EPA, 382 F.3d 575 (Fifth Cir.
2004). It does not matter whether or not
a specific contingency measure is
already required by law, as long as the
emissions reductions that will result
from the contingency measure have not
been relied upon in the attainment
demonstration.
The contingency measures in
Pennsylvania’s attainment
demonstration (described above) that
are already implemented and provide
reductions in excess of those required
by the attainment demonstration to
attain the standards. The level of
reductions provided is equal to at least
one year’s worth of reductions needed
for attainment in the Pennsylvania
portion of the Philadelphia area.
Contingency measures are implemented
in the event that the Philadelphia area
fails to attain the standards by its
attainment date. Although the
Philadelphia area, as indicated above,
met their attainment date of April 5,
2010, and thus is not required to
implement contingency measures, by
relying on those measures that were
already in place, Pennsylvania
effectively implemented their control
measures in advance.
7. Attainment Date
Pennsylvania provided a
demonstration of attainment of the 1997
PM2.5 NAAQS in the Pennsylvania
portion of the Philadelphia area by
2010. Areas, such as this, that
demonstrate attainment of the standard
by 2010 are considered to have satisfied
the requirement to show RFP toward
attainment and need not submit a
separate RFP plan. For similar reasons,
such areas are not subject to a
requirement for a mid-course review.
B. Motor Vehicle Emissions Budgets
Section 176(c) of the CAA requires
Federal actions in nonattainment and
maintenance areas to ‘‘conform to’’ the
goals of SIPs. This means that such
actions will not cause or contribute to
violations of a NAAQS, worsen the
severity of an existing violation, or
delay timely attainment of any NAAQS.
Actions involving Federal Highway
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Sfmt 4702
67649
Administration (FHWA) or Federal
Transit Administration (FTA) funding
or approval are subject to the
transportation conformity rule (40 CFR
part 93, subpart A). Under this rule,
metropolitan planning organizations
(MPOs) in nonattainment and
maintenance areas coordinate with State
Air Quality and Transportation
Agencies, EPA, and the FHWA and FTA
to demonstrate that their long range
transportation plans and transportation
improvement programs (TIP) conform to
applicable SIPs. This is typically
determined by showing that estimated
emissions from existing and planned
highway and transit projects are less
than or equal to the MVEBs contained
in the SIP.
The MVEBs for the 2009 attainment
year are based on the projected 2009 onroad motor vehicle source emissions,
accounting for the emission reductions
from on-road vehicle source control
measures, including transportation
control measures and vehicle
technology, fuel or maintenance-based
measures. MVEBs for 2009 attainment
year for the Pennsylvania portion of the
Philadelphia area are 699 tons per year
for PM2.5 direct and 36,318 tons per year
for NOX. More detailed information can
be found in the TSD entitled,
‘‘Adequacy Findings for Motor Vehicle
Emissions Budgets in the Attainment
Demonstration for the Pennsylvania
Portion of the Philadelphia-WilmingtonNew Jersey City 1997 PM2.5 NAAQS
Nonattainment Area, dated October 6,
2011, available online at www.
regulations.gov, Docket number EPA–
R03–OAR–2011–0391.
For MVEBs to be approvable, they
must meet, at a minimum, EPA’s
adequacy criteria (40 CFR 93.118(e)(4)).
The MVEBs for the Pennsylvania
portion of the Philadelphia area PM2.5
attainment plan are being posted to
EPA’s conformity Web site concurrently
with this proposed action. The public
comment period will end at the same
time as the public comment period for
this proposed action. In this case, EPA
is concurrently processing the action on
the attainment plan and the adequacy
process for the MVEBs contained
therein. In this action, EPA is proposing
to find the MVEBs adequate, and also
proposing to approve the MVEBs as part
of the attainment plan. The MVEBs
cannot be used for transportation
conformity until the attainment plan
and associated MVEBs are approved in
a final Federal Register notice, or EPA
otherwise finds the budgets adequate in
a separate action following the comment
period. Our action on the Pennsylvania
portion of the Philadelphia area MVEBs
will also be announced on EPA’s
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conformity Web site: https://www.epa.
gov/otaq/stateresources/transconf/
index.htm, (once there, click on
‘‘Adequacy Review of SIP Submissions).
The budgets that Pennsylvania
submitted were calculated using the
MOBILE6.2 motor vehicle emissions
model. EPA is proposing to approve the
inventory and the conformity budgets
calculated using this model because this
model was the most current model
available at the time Pennsylvania was
performing its analysis. Separate from
today’s proposal, EPA has issued an
updated motor vehicle emissions model
known as the Motor Vehicle Emission
Simulator or MOVES. In its
announcement of this model, EPA
established a grace period for continued
use of MOBILE6.2 in transportation
conformity determinations for
transportation plans and TIPs, after
which states and MPOs (other than
California) must use MOVES for
transportation plan and TIP conformity
determinations. This grace period will
expire in March 2012 (or March 2013
once the extension becomes official).
Additional information on the use of
MOVES in SIPs and conformity
determinations can be found in the
December 2009, ‘‘Policy Guidance on
the Use of MOVES2010 for State
Implementation Plan Development,
Transportation Conformity, and Other
Purposes.’’ This guidance document is
available at: https://www.epa.gov/otaq/
models/moves/420b09046.pdf. During
the conformity grace period, the state
and MPO(s) should use the interagency
consultation process to examine how
MOVES2010a will impact their future
transportation plan and TIP conformity
determinations, including regional
emissions analyses. For example, an
increase in emission estimates due to
the use of MOVES2010a may affect an
area’s ability to demonstrate conformity
for its transportation plan and/or TIP.
Therefore, state and local planners
should carefully consider whether the
SIP and motor vehicle emissions
budget(s) should be revised with
MOVES2010a or if transportation plans
and TIPs should be revised before the
end of the conformity grace period,
since doing so may be necessary to
ensure conformity determinations in the
future.
We would expect that states and
MPOs would work closely with EPA
and the local FHWA and FTA offices to
determine an appropriate course of
action to address this type of situation
if it is expected to occur. If
Pennsylvania chooses to revise its PM2.5
attainment plan, it should consult
Question 7 of the December 2009,
‘‘Policy Guidance on the Use of
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MOVES2010 for State Implementation
Plan Development, Transportation
Conformity, and Other Purposes,’’ for
information on requirements related to
such revisions.
V. Proposed Action
EPA is proposing to approve the 1997
annual PM2.5 NAAQS attainment plan
for the Pennsylvania portion of the
Philadelphia area that was submitted on
April 12, 2010. The attainment plan
includes Pennsylvania’s attainment
demonstration, the MVEBs used for
transportation conformity purposes, an
analysis of RACM/RACT, a base year
emissions inventory, and contingency
measures. EPA has determined that the
SIP revision meets the applicable
requirements of the CAA, as described
in the PM2.5 Implementation Rule.
Specifically, EPA has determined that
the Pennsylvania SIP revision includes
an attainment demonstration and
adopted state regulations and programs
needed to support a determination that
the Pennsylvania portion of the
Philadelphia area would have attain the
1997 annual PM2.5 NAAQS by the April
2010 deadline. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
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Fmt 4702
Sfmt 4702
• 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).
In addition, this proposed rule,
pertaining to the 1997 PM2.5 attainment
plan for the Pennsylvania portion of the
Philadelphia area, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 26, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–28438 Filed 11–1–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket Number FWS–R9–MB–2009–0045;
91200–1231–9BPP]
RIN 1018–AW75
Migratory Bird Permits; Abatement
Regulations
Fish and Wildlife Service,
Interior.
ACTION: Advance notice of proposed
rulemaking; reopening of comment
period.
AGENCY:
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Agencies
[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67640-67650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28438]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0391; FRL-9485-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Attainment Plan for the Pennsylvania Portion of the
Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware 1997 Fine
Particulate Matter Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the Pennsylvania
State Implementation Plan (SIP), which was submitted to EPA on April
12, 2010 to demonstrate attainment of the 1997 annual fine particulate
matter (PM2.5) national ambient air quality standard (NAAQS)
for the Pennsylvania portion of the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area
(Philadelphia area). This plan (herein called the ``attainment plan'')
includes the Pennsylvania portion of the Philadelphia area's attainment
demonstration and motor vehicle emission budgets (MVEBs) used for
transportation conformity purposes. The attainment demonstration
includes an analysis of reasonably available control measures (RACM)
and reasonably available control technology (RACT), a base year
emissions inventory, and contingency measures. The requirement for a
reasonable further progress (RFP) plan is not required because
Pennsylvania projected that attainment of the 1997 PM2.5
NAAQS would have occurred in the Pennsylvania portion of the
Philadelphia area by the attainment date, April 2010. This action is
being taken in accordance with the Clean Air Act (CAA) and the Clean
Air Fine Particulate Implementation Rule (PM2.5
Implementation Rule) issued by EPA on April 25, 2007.
DATES: Written comments must be received on or before December 2, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0391 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2010-0391, Cristina Fernandez, Associate
Director, Office of Air Planning Program, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0391. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material,
[[Page 67641]]
is not placed on the Internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
either electronically in www.regulations.gov or in hard copy during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following is provided to aid in locating information in this
preamble.
I. What action is EPA proposing to take?
II. What is the background for EPA's proposed action?
A. Designation History
B. Clean Air Fine Particle Implementation Rule
C. Attaining Data Determination and Finding of Attainment
III. What is included in the Pennsylvania attainment plan?
IV. What is EPA's analysis of the Pennsylvania attainment plan
submittal?
A. Attainment Demonstration
1. Pollutants Addressed
2. Emission Inventory Requirements
3. Modeling
4. Reasonably Available Control Measures/Reasonably Available
Control Technology
5. Reasonable Further Progress
6. Contingency Measures
7. Attainment Date
B. Motor Vehicle Emissions Budgets
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA proposing to take?
EPA is proposing to approve Pennsylvania's SIP submission, which
was submitted by the Pennsylvania Department of Environmental
Protection (PADEP) to EPA on April 12, 2010 to demonstrate attainment
of the 1997 annual PM2.5 NAAQS for the Pennsylvania portion
of the Philadelphia area (herein called the state's ``PM2.5
attainment plan''). This PM2.5 attainment plan includes
Pennsylvania's attainment demonstration and MVEBs used for
transportation conformity purposes. The attainment demonstration
includes a base year emissions inventory, an analysis of RACM/RACT, and
contingency measures. RFP plan is not required because the Pennsylvania
portion of the Philadelphia area demonstrated that attainment of the
1997 annual PM2.5 NAAQS occurred by the attainment date,
April 2010.
EPA has determined that the Pennsylvania's PM2.5
attainment plan meets the applicable requirements of the CAA, as
described in the PM2.5 Implementation Rule issued by EPA on
April 25, 2007 (72 FR 20586). EPA's analysis and findings are discussed
in this proposed rulemaking. In addition, technical support documents
(TSDs) for this proposal are available online at www.regulations.gov,
Docket No. EPA-R03-OAR-2010-0391. These TSDs provide additional
explanation on EPA's analysis supporting this proposal.
II. What is the background of EPA's proposed action?
A. Designation History
On July 18, 1997 (62 FR 36852), EPA established the 1997
PM2.5 NAAQS, including an annual standard of 15.0 micrograms
per cubic meter ([micro]g/m\3\) based on a 3-year average of annual
mean PM2.5 concentrations and a 24-hour (or daily) standard
of 65 [micro]g/m\3\ based on a 3-year average of the 98th percentile of
24-hour concentrations. EPA established these standards based on
significant evidence and numerous health studies demonstrating that
serious health effects are associated with exposures to
PM2.5.
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. In 1999, EPA and State Air Quality
Agencies initiated the monitoring process for the 1997 PM2.5
NAAQS and by January 2001, established a complete set of air quality
monitors. On January 5, 2005 (70 FR 944), EPA promulgated initial air
quality designations for the 1997 PM2.5 NAAQS, which became
effective on April 5, 2005, based on air quality monitoring data for
calendar years 2001-2003.
On April 14, 2005 (70 FR 19844), EPA promulgated a supplemental
rule amending the Agency's initial designations, with the same
effective date (April 5, 2005) as 70 FR 944. As a result of this
supplemental rule, PM2.5 nonattainment designations are in
effect for 39 areas, comprising 208 counties within 20 states (and the
District of Columbia) nationwide, with a combined population of about
88 million. The Pennsylvania portion of the Philadelphia area, which is
the subject of this rulemaking, is included in the list of areas not
attaining the 1997 annual PM2.5 NAAQS. The Pennsylvania
portion of the Philadelphia area consists of the following counties:
Bucks, Chester, Delaware, Montgomery, and Philadelphia.
It should be noted that on November 13, 2009 (74 FR 58688), EPA
revised the existing designation tables in 40 CFR part 81.339 to
clarify that the 1997 designations were for both the annual
PM2.5 NAAQS and the 24-hour PM2.5 NAAQS. The
Pennsylvania portion of the Philadelphia area was designated
unclassifiable/attainment for the 24-hour PM2.5 NAAQS.
B. Clean Air Fine Particle Implementation Rule
On April 25, 2007 (72 FR 20586), EPA issued the PM2.5
Implementation Rule for the 1997 PM2.5 NAAQS. The
``PM2.5 Implementation Rule'' describes the CAA framework
and requirements for developing SIPs for areas designated nonattainment
for the 1997 PM2.5 NAAQS. An attainment plan must include a
demonstration that a nonattainment area will meet the applicable NAAQS
within the timeframe provided in the statute. This demonstration must
include modeling (40 CFR 51.1007) that is performed in accordance with
EPA modeling guidance (EPA-454/B-07-002, April 2007). It must also
include supporting technical analyses and descriptions of all relevant
adopted Federal, State, and local regulations and control measures that
have been adopted in order to provide attainment of the 1997
PM2.5 NAAQS by the proposed attainment date.
For the 1997 PM2.5 NAAQS, an attainment plan must show
that a nonattainment area will attain the 1997 PM2.5 NAAQS
as expeditiously as practicable, but within five years of designation
(i.e. attainment date of April 2010 based on air quality data for 2007
through 2009). If the area is not expected to meet the NAAQS by April
2010, a state may request to extend the attainment date by one to five
years based on the severity of the nonattainment problem or the
feasibility of implementing control measures (CAA section 172(a)(2)) in
the specific area. For EPA to approve an extension of the attainment
date beyond 2010, the state must provide an analysis to support the
request and demonstrate that the attainment date is as expeditious as
practicable for the area given the facts and circumstances of the area
and
[[Page 67642]]
consistent with the statutory criteria for an extension.
For each nonattainment area, the state must demonstrate that it has
adopted all RACM, including all RACT for the appropriate emissions
sources, needed to provide for attainment of the PM2.5
standards in the specific nonattainment area ``as expeditiously as
practicable.'' The PM2.5 Implementation Rule provided
guidance for making these RACM/RACT determinations (See, Section IV.A.4
below). Any measures that are necessary to meet these requirements that
are not already Federally promulgated or in an EPA-approved part of the
state's SIP must be submitted as part of a state's attainment
demonstration. Any state measures must meet the applicable statutory
and regulatory requirements, and in particular, must be Federally
enforceable.
The PM2.5 Implementation Rule also included guidance on
pollutants that states must address in their attainment plans. The CAA
(section 302(g)) authorizes EPA to regulate criteria pollutants and
their precursors. In the case of PM2.5, the main chemical
precursors are sulfur dioxide (SO2), nitrogen oxides
(NOX), ammonia (NH3), and volatile organic
compounds (VOCs). The effect of reducing emissions of precursor
pollutants that contribute to PM2.5 concentrations varies by
area, however, depending on PM2.5 composition, emission
levels, and other area-specific factors. For this reason, the
PM2.5 Implementation Rule provided guidance recommending
that states elect direct PM2.5 emissions and the precursor
that would be most effective for attaining the NAAQS within the
specific area, based upon an appropriate technical demonstration.
In accordance with the PM2.5 Implementation Rule, direct
PM2.5 emissions means ``solid particles emitted directly
from an air emissions source or activity, or gaseous emissions or
liquid droplets from an air emissions source or activity which condense
to form particulate matter at ambient temperatures. Direct
PM2.5 emissions include elemental carbon, directly emitted
organic carbon (OC), directly emitted sulfate (SO4),
directly emitted nitrate (NO3), and other inorganic
particles (including but not limited to crustal material, metals, and
sea salt).''
The PM2.5 Implementation Rule requires all states to
address SO2 as a PM2.5 attainment plan precursor
and to evaluate SO2 for possible control measures in all
PM2.5 nonattainment areas. States are required to address
NOX as a PM2.5 attainment plan precursor and
evaluate reasonable controls for NOX in all PM2.5
attainment plans, unless the state and EPA make a finding that
NOX emissions from sources in the state do not significantly
contribute to PM2.5 concentrations in the relevant
nonattainment area.
Although current scientific information shows that certain VOC
emissions are precursors to the formation of secondary organic aerosol,
and significant progress has been made in understanding the role of
gaseous organic material in the formation of organic particular matter
(PM), this relationship remains complex. Further research and technical
tools are needed to better characterize emissions inventories for
specific VOC compounds and to determine the extent of the contribution
of specific VOC compounds to organic PM mass. Because of these factors,
the PM2.5 Implementation Rule did not require states to
address VOCs as PM2.5 attainment plan precursors and
evaluate them for control measures, unless the state or EPA makes a
finding that VOCs significantly contribute to a PM2.5
nonattainment problem in the specific area or to other downwind air
quality concerns.
The PM2.5 Implementation Rule also describes the
formation of particles related to NH3 emissions, which is a
complex, nonlinear process. Though recent studies have improved our
understanding of the role of NH3 in aerosol formation,
ongoing research is needed to better describe the relationships between
NH3 emissions, PM concentrations, and related impacts. Also,
area-specific data is needed to evaluate the effectiveness of reducing
NH3 emissions on reducing PM2.5 concentrations in
different areas, and to determine where NH3 decreases may
increase the acidity of particles and precipitation. For these reasons,
in the PM2.5 Implementation Rule, NH3 is presumed
not to be a PM2.5 attainment plan precursor, meaning that
the state is not required to address NH3 in its attainment
plan or evaluate sources of NH3 emissions for reduction
measures, unless the state or EPA makes a finding that NH3
significantly contributes to a PM2.5 nonattainment problem
in the area or to other downwind air quality concerns.
The presumptive inclusion of NOX, and the presumptive
exclusion of VOC and NH3 as attainment plan precursors can
be reversed based on an acceptable technical demonstration for a
particular nonattainment area by the state or EPA. Such a demonstration
should include information from multiple sources, including results of
speciation data analyses, air quality modeling studies, chemical tracer
studies, emission inventories, or special intensive measurement studies
to evaluate specific atmospheric chemistry in an area (See, the
PM2.5 Implementation Rule for more information).
The PM2.5 Implementation Rule also provided guidance for
the other elements of a state's attainment plan, including, but not
limited to, emission inventories, contingency measures, and MVEBs used
for transportation conformity purposes.
There are, however, three aspects of the PM2.5
Implementation Rule for which EPA received petitions requesting
reconsideration. These pertain to the presumption or advance
determination that compliance with the requirements of the Clean Air
Interstate Rule (CAIR) automatically satisfies the requirements for
RACT or RACM for NOX or SO2 emissions from
electric generating unit (EGU) sources participating in regional cap
and trade programs; the suggestion in the preamble that the economic
feasibility element of a RACT determination for EGUs should include
consideration of whether the cost of a measure is reasonable in light
of the benefits; and the policy described in the preamble of allowing
certain emissions reductions from outside the nonattainment area to be
credited as meeting the RFP requirement. EPA is granting these
petitions and intends to undertake rulemaking to change these aspects
of the PM2.5 Implementation Rule. The attainment plan for
the Pennsylvania portion of the Philadelphia area did not rely on any
of these aspects of the rule.
C. Attaining Data Determination and Finding of Attainment
The data in Table 1 indicates that the Pennsylvania portion of the
Philadelphia area is meeting the 1997 annual PM2.5 NAAQS. In
addition, Table 2 shows that the Philadelphia area continues to attain
the 1997 annual PM2.5 NAAQS by 2010. More detailed
information can be found in the TSD entitled, ``Technical Support
Document for the Modeling Portion of the Commonwealth of Pennsylvania's
Fine Particulate Matter State Implementation Plan,'' dated October 11,
2011, available on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0391. However, this action does not determine that the
Pennsylvania portion of the Philadelphia area has attained the 1997
annual PM2.5 NAAQS and the information is included here only
to support Pennsylvania's demonstration that the Pennsylvania portion
of the Philadelphia area could meet the attainment date of April 5,
2010, and
[[Page 67643]]
continues to attain based on the most recent data available. EPA plans
to take action to formally determine the Pennsylvania portion of the
Philadelphia area's attainment of the 1997 annual PM2.5
NAAQS in a separate action.
Table 1--2009 Annual Averaged PM2.5 Design Value
----------------------------------------------------------------------------------------------------------------
Design value
County Site name Site No. ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Bucks......................................... Bristol......................... 420170012 12.1
Chester....................................... New Garden...................... 420290100 12.4
Delaware...................................... Chester......................... 420450002 13.3
Montgomery.................................... Norristown...................... 420910013 11.3
Philadelphia.................................. AMS Lab......................... 421010004 12.9
Philadelphia.................................. NE Airport...................... 421010024 11.9
Philadelphia.................................. Broad Street.................... 421010047 13.5
Philadelphia.................................. Elmwood......................... 421010136 12.7
----------------------------------------------------------------------------------------------------------------
Table 2--2008-2010 Monitored Annual Design Values
----------------------------------------------------------------------------------------------------------------
Design value ([mu]g/m\3\)
County Site name Site No. -----------------------------------------------
2008 2009 2010
----------------------------------------------------------------------------------------------------------------
Bucks......................... Bristol......... 420170012 12.6 12.2 11.3
Chester....................... New Garden...... 420290100 13.4 13.9 13.8
Delaware...................... Chester......... 420450002 14.1 13.7 13.1
Montgomery.................... Norristown...... 420910013 12.3 11.7 10.5
Philadelphia.................. AMS Lab......... 421010004 13.4 12.5 11.5
Philadelphia.................. NE Airport...... 421010024 12.4 11.5 10.5
Philadelphia.................. Broad Street.... 421010047 14.5 13.0 11.9
Philadelphia.................. Elmwood......... 421010136 13.2 13.3 ..............
----------------------------------------------------------------------------------------------------------------
III. What is included in the Pennsylvania attainment plan?
In accordance with section 172(c) of the CAA and the
PM2.5 Implementation Rule, the attainment plan submitted on
April 12, 2010 by PADEP for the Pennsylvania portion of the
Philadelphia area included: (1) An emissions inventory for the plan's
base year (2002); (2) an attainment demonstration; and (3) MVEBs for
the attainment year. The attainment demonstration includes: (a)
Technical analyses that locate, identify, and quantify sources of
emissions contributing to violations of the 1997 annual
PM2.5 NAAQS; (b) analyses of future year emissions
reductions and air quality improvements expected to result from
national and local programs from new measures to meet RACM/RACT; (c)
adopted emission reduction measures with schedules for implementation;
and (d) contingency measures for NOX and SO2 to
be implemented if the area did not meet RFP or did not attain the
standard by the attainment date.
To analyze future year emissions reductions and air quality
improvements, Pennsylvania used local, regional, and national modeling
analyses that have been developed to support Federal and local emission
reduction programs. This modeling was performed in accordance with
EPA's ``Guidance on the Use of Models and Other Analyses for
Determining Attainment of Air Quality Goals for Ozone,
PM2.5, and Regional Haze'' (EPA-454/B-07-002, April 2007).
IV. What is EPA's analysis of the Pennsylvania attainment plan
submittal?
A. Attainment Demonstration
1. Pollutants Addressed
In accordance with policies described in the PM2.5
Implementation Rule, Pennsylvania's PM2.5 attainment plan
evaluates emissions of direct PM2.5, SO2, and
NOX in the Pennsylvania portion of the Philadelphia area.
Because of uncertainties regarding NH3 emission inventories
and the efficacy of ammonia control technologies as noted earlier in
this notice, the final rule sets forth the presumption that
NH3 is not a PM2.5 precursor and that the states
are not required to address NH3 in their attainment plan.
Similarly, VOC emissions are presumed not to be an attainment plan
precursor because of uncertainties regarding the role of VOC in
secondary organic aerosol formation. Pennsylvania's attainment plan
does not reverse this presumption.
2. Emissions Inventory Requirements
States are required under section 172(c)(3) of the CAA to develop
emissions inventories of point, area, onroad mobile, and nonroad mobile
sources for their attainment demonstrations. These inventories provide
a detailed accounting of all emissions and emission sources by
precursor or pollutant. In addition, inventories are used to model air
quality to demonstrate that attainment of the 1997 PM2.5
NAAQS as expeditiously as practicable, and if an attainment extension
beyond 2010 is needed to support the need for such an extension.
Emissions inventory guidance was provided in the April 1999 document
``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations'' (EPA-454/R-99-
006), which was updated in November 2005 (EPA-454/R-05-001). Emissions
reporting requirements were provided in the 2002 Consolidated Emissions
Reporting Rule (CERR) (67 FR 39602). On December 17, 2008 (73 FR
76539), EPA promulgated the Air Emissions Reporting Requirements (AERR)
to update emissions reporting requirements in the CERR, and to
harmonize, consolidate and simplify data reporting by states.
In accordance with the AERR and the November 2005 guidance, the
PM2.5 Implementation Rule required states to submit
inventory information on directly emitted PM2.5 and
PM2.5 precursors and any additional inventory
[[Page 67644]]
information needed to support an attainment demonstration.
The SIP base year inventory is the primary inventory from which
other inventories (3-year cycle inventories, RFP inventories, modeling
inventories) are derived. The CAA calls for state, local, and tribal
agencies to ensure that the base year inventory is comprehensive,
accurate, and current for all actual emissions (EPA-454/R-05-001). The
base year inventory includes emissions estimates from stationary point
and nonpoint sources, onroad mobile sources, and nonroad mobile
sources. For the PM2.5 NAAQS, the pollutants to be
inventoried are primary emissions (including condensables) of
PM10 and PM2.5, and emissions of SO2,
NH3, VOC, and NOX, and are reported as actual
annual weekday emissions. The State Air Agencies defined 2002 as the
base year inventory. The pollutants inventoried for the Pennsylvania
portion of Philadelphia area included PM10,
PM2.5, SO2, NH3, VOC, and
NOX. Information on the manmade sources of direct PM and its
potential precursors, SO2, NH3, VOC, and
NOX was compiled for:
Stationary sources (or point sources), which are sources for which
PADEP collects individual emissions-related information, generally
represent major stationary sources but may be smaller. The point source
data for 2002 is derived from the Air Information Management System/
environment, Facility, Application, Compliance Tracking System (AIMS/
eFACTS). The AIMS/eFACTS database is comprised of sources identified
and inventoried by PADEP's regional and central offices through
permitting, field inspections, and surveys.
Area sources, which are industrial, commercial, and residential
sources too small or too numerous to be handled individually, include,
but are not limited, to commercial and residential open burning,
architectural and industrial maintenance coatings applications and
clean-up, consumer product use, and vehicle refueling at service
stations. Where there is overlap between stationary point sources and
stationary area sources, the area source values are adjusted to remove
any double counting. PADEP's inventory contained estimations of
emissions by multiplying an emission factor by an indicator or activity
level for each category at the county level. These emissions are
calculated on an annual basis since the activity data are generally
available on an annual basis. Area source estimates were provided by
source classification code (SCC).
Highway vehicles, which include passenger cars and light-duty
trucks, other trucks, buses, and motorcycles, are onroad mobile source
emissions inventory that was developed using the most current version
of EPA's highway mobile source emissions model MOBILE6.2. PADEP also
used PPSUITE, an enhanced version of the Post Processor for Air Quality
software systems used for previous inventory submissions in
Pennsylvania. The Pennsylvania Department of Transportation (PennDOT)
provided estimates of vehicles miles traveled (VMT) by vehicle type and
roadway type. PADEP provided sample MOBILE6.2 input files and estimates
for review.
Nonroad sources, which encompass a diverse collection of engines,
including, but not limited to, outdoor power equipment, recreational
vehicles, farm and construction machinery, lawn and garden equipment,
industrial equipment, recreational marine vessels, commercial marine
vessels, locomotives, ships, and aircraft were estimated using the EPA
NONROAD 2005 model.
The emissions inventory for the base year, 2002, was developed in
accordance with EPA guidance, ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards and Regional Haze Regulations, EPA-454/R-05-001,
August 2005, updated November 2005.'' Table 3 summarizes the emissions
for 2002.
Table 3--2002 Annual Emissions
[Tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Philadelphia area 2002 PM2.5 PM10 SO2 NOx VOC NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stationary Point Sources................................ 2139 3430 23745 22124 8183 256
Area Sources............................................ 10020 55224 13153 13029 59227 4821
Highway Vehicle Sources................................. 1033 1492 1920 63476 33974 2614
Nonroad Sources......................................... 1535 1611 1640 21619 21589 14
-----------------------------------------------------------------------------------------------
Total............................................... 14727 61758 40459 120248 122973 7705
--------------------------------------------------------------------------------------------------------------------------------------------------------
The review and evaluation of the methods used for the emissions
inventory submitted by Pennsylvania are found in the attainment plan
submittal (section III) and a TSD entitled ``Technical Support Document
for the Pennsylvania portion of the Philadelphia-Wilmington, PA-NJ-DE
PM2.5 Noanattainment Area: State Implementation Plan
Attainment Demonstration and Base Year Inventory,'' dated October 11,
2011, available on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0391. EPA is proposing to approve the 2002 base year emissions
inventory for the Pennsylvania portion of the Philadelphia area as
meeting the requirements of section 172(c)(3) of the CAA.
PM2.5 is comprised of filterable and condensable
emissions. Condensable particulate matter (CPM) can comprise a
significant percentage of direct PM2.5 emissions from
certain sources, and are required to be included in national emission
inventories based on emission factors. Test Methods 201A and 202 are
available for source-specific measurement of condensable emissions.
However, the PM2.5 Implementation Rule acknowledged that
there were issues and concerns related to availability and
implementation of these test methods as well as uncertainties in
existing data for condensable PM2.5. In recognition of these
concerns, EPA established a transition period during which EPA could
assess possible revisions to available test methods and to allow time
for states to update emissions inventories as needed to address direct
PM2.5, including condensable emissions. Because of the time
required for this assessment, EPA recognized that states would be
limited in how to effectively address CPM emissions, and established a
period of transition, up to January 1, 2011, during which state
submissions for PM2.5 were not required to address CPM
emissions. Amendments to these test methods were proposed on March 25,
2009 (74 FR 12969), and finalized on December 21,
[[Page 67645]]
2010 (75 FR 80118). The amendments to Method 201A added a particle-
sizing device for PM2.5 sampling, and the amendments to
Method 202 revised the sample collection and recovery procedures of the
method to reduce the formation of reaction artifacts that could lead to
inaccurate measurements of CPM emissions.
The period of transition for establishing emissions limits for
condensable direct PM2.5 ended on January 1, 2011.
PM2.5 submissions made during the transition period are not
required to address CPM emissions; however, states must address the
control of direct PM2.5 emissions, including condensable
emissions, with any new action taken after this January 1, 2011.
Pennsylvania submitted the Pennsylvania portion of the Philadelphia
area attainment plan prior to January 1, 2011 and did not consider
condensables.
In July 2008, EarthJustice filed a petition requesting
reconsideration of EPA's transition period for CPM emissions provided
in the PM2.5 Implementation Rule. In January 2009, EPA
decided to allow states that have not previously addressed CPM to
continue to exclude CPM for Prevention of Significant Deterioration
(PSD) permitting during the transition period. Today's action reflects
a review of Pennsylvania's submittal based on current EPA guidance as
described in the PM2.5 Implementation Rule.
3. Modeling
All attainment demonstrations must include modeling that is
performed in accordance with EPA's ``Guidance on the Use of Models and
Other Analyses for Demonstrating Attainment of Air Quality Goals for
Ozone, PM2.5, and Regional Haze'' (EPA-454/B-07-002, April
2007). Modeling may be based on national (e.g., EPA), regional (e.g.,
Ozone Transport Commission), local modeling, or a combination thereof,
if appropriate. A brief description of modeling used to support
Pennsylvania's attainment demonstration follows. More detailed
information can be found in the TSD entitled, ``Technical Support
Document for the Modeling Portion of the Commonwealth of Pennsylvania's
Fine Particulate Matter State Implementation Plan,'' dated October 11,
2011, available on line at www.regulations.gov, Docket number EPA-R03-
OAR-2011-0391. The Philadelphia area's attainment plan addressed the
following components of a modeled attainment demonstration.
a. Conceptual Description of the Problem
A conceptual model describes how weather patterns affect the
formation and transport of PM2.5, accounting for emissions
and photochemistry. A conceptual model for the Philadelphia area's
attainment plan is described in a document prepared by the Northeast
States for Coordinated Air Use Management (NESCAUM), ``The Nature of
the Fine Particle and Regional Haze Air Quality Problems in the Mid-
Atlantic Northeast Visibility Union (MANE-VU) Region: A Conceptual
Description (NESCAUM), November 2006,'' for use by the Ozone Transport
Commission (OTC) member states which provides the conceptual
description of PM2.5 issues in the OTC states and is
consistent with EPA's guidance.
b. The Model Used in the Attainment Demonstration
By agreement of OTC, the New York State Department of Environmental
Conservation (NYSDEC) ran the Community Multi-scale Air Quality Model
(CMAQ) for the states in the northeast ozone transport region that
includes Pennsylvania. EPA agrees CMAQ is appropriate for this modeling
demonstration. The inputs of the model are described in section V of
the attainment plan submittal.
c. Meteorological Time Periods Used in the Modeling
Since the Philadelphia area's attainment demonstration used a
resource intensive photochemical grid model, EPA accepts the use of
single, recent representative year to be used for an annual simulation.
Two factors were used in selecting 2002 as the representative year. The
observed annual mean concentrations of PM2.5 are close to
the 3-year observed design value at all, or most monitoring sites, and
the pattern of quarterly mean values is similar to the pattern of
quarterly mean concentrations averaged over 3 years.
d. Meteorological Data Used in the Air Quality Model
The OTC modeling committee decided to use a prognostic
meteorological model that provides life-like meteorological inputs to
the photochemical grid model. The Pennsylvania State University/
National Center for Atmospheric Research Mesoscale Meteorological Model
(MM5) version 3.6 was chosen for the modeling analysis. The MM5 model
provides a reasonable representation of weather conditions at the
surface and aloft.
e. Domain of the Model, Horizontal/Vertical Resolution and the Initial
and Boundary Conditions
The modeling domain extends from Maine to Florida and out in the
Atlantic Ocean on the east and west to the Mississippi River. The size
of the modeling domain was made large enough to include all emission
sources that affect PM2.5 concentration in the northeastern
United States. Even this boundary is defined by a larger photochemical
modeling domain that covers much of North America. Over the
northeastern United States, the model used 12 kilometer grid cells. The
Pennsylvania portion of the Philadelphia area is included in the 12
kilometer grid cell area. The OTC Modeling Committee used a 12-
kilometer grid size for the areas in and near its states to provide a
fine enough grid resolution to adequately capture the PM patterns
experienced in the ozone transport region (OTR). Outside the local
areas the grid resolution used in the modeling is 36 kilometers. The
selection of model domains and horizontal grid resolution was deemed
acceptable to EPA.
Vertical resolution is the number of layers and the size of each
layer in the model. The layers in the photochemical grid model were set
up to be compatible with the model that produced weather conditions for
the photochemical grid model. The vertical resolution used in the
modeling exercise followed EPA's modeling guidance and therefore
adequately represents the atmosphere where PM2.5 is emitted,
forms and is transported.
f. Emissions Used in the Air Quality Model
The emissions data for 2002 were generated by individual states
within the OTR and assembled and processed through Mid-Atlantic
Northeast Visibility Union (MANE-VU), a Regional Planning Organization
(RPO). These emissions were then processed by NYSDEC using the sparse
matrix operator kernel emissions (SMOKE) emissions processor to provide
CMAQ compatible inputs. The 2002 emissions for the non-OTR areas within
the modeling domain were obtained from the corresponding RPOs and were
processed using SMOKE, in manner similar to that of the OTR emissions.
The OTR states, through MANE-VU, contracted MACTEC Federal Programs
(called Contractor) to develop 2009, 2012 and 2018 inventories based on
2002 inventories that the states had previously developed for the base-
year model work. The Contractor, in
[[Page 67646]]
consultation with the states, developed the necessary growth and
control factors and applied to the 2002 inventory.
g. Base Case Run Model Performance Evaluation
NYSDEC performed a model evaluation for the OTC to determine how
well CMAQ reproduced the 2002 PM2.5 concentrations. CMAQ was
employed to simulate PM2.5 for the calendar year 2002. A
review of PM2.5 and its individual species was conducted for
the study domain. Several observations were made with respect to model
performance: (1) Approximately 80-90 percent of organic mass (OM) is in
the primary fraction; (2) CMAQ captures seasonal variation in
SO4 well; (3) CMAQ appears to overestimate primary
PM2.5 components, especially during colder months; and (4)
CMAQ appears to underestimate secondary OM during the summer.
These issues are not of great regulatory concern since attainment
tests are based on the application of relative response factors.
Therefore, the regional and local model performance is acceptable for
PM2.5. While there are some differences between the spatial
data between sub-regions, there is nothing to suggest a tendency for
the model to respond in a systematically different manner between
regions. Examination of the statistical metrics by sub-region confirms
the absence of significant performance problems arising in one area but
not in another, building confidence that the CMAQ modeling system is
operating consistently across the full OTC domain. This confidence in
the modeling results allows for the modeling system to be used to
support the attainment plan to meet the 1997 annual PM2.5
NAAQS.
h. 2009 Control Case Modeling and Modeled Attainment Test
As previously mentioned, the Pennsylvania portion of the
Philadelphia area has an attainment date of April 5, 2010. The
PM2.5 NAAQS include an annual standard of 15 [mu]g/m\3\
based on the 3-year average of annual mean PM2.5
concentrations. The purpose of a modeling assessment is to determine if
control strategies currently being implemented (``on the books'') will
lead to attainment of the annual average NAAQS for PM2.5 by
2009. The modeling is applied in a relative sense, similar to the 8-
hour ozone attainment test. However, the PM2.5 attainment
test is more complicated and reflects the fact that PM2.5 is
a mixture. In the test, ambient PM2.5 is divided into major
components, with a separate relative response factor (RRF) and Future
Design Value (FDV) calculated for each of the PM2.5
components. Since the attainment test is calculated on a per species
basis, the attainment test for PM2.5 is referred to as the
Speciated Modeled Attainment Test (SMAT).
Table 4 presents the results of the annual SMAT results for the
Philadelphia area. The SMAT results demonstrate that the projected
average annual arithmetic mean PM2.5 concentration
calculated at each Federal Reference Method (FRM) monitor attains the
annual PM2.5 NAAQS. Specifically, all calculations are less
than15 [mu]g/m\3\. Table 4 presents the results of the annual SMAT
results for a suite of regional modeling runs conducted by OTC each
representing OTB/OTW--``On the Books, On the Way'' control measures.
All runs demonstrate compliance with the annual PM2.5 NAAQS.
Table 4--Annual SMAT Results for Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment Area On-The-Books-On-The-Way Control Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
2000-2004 Baseline design value 2009
AIRS ID Site name County State ----------------------------------------------------------------
Q1 Q2 Q3 Q4 DVF
--------------------------------------------------------------------------------------------------------------------------------------------------------
420170012................ Bristol............. Bucks.............. PA............... 14.14 13.69 14.73 13.85 12.1
420290100................ New Garden.......... Chester............ PA............... 14.39 14.73 16.36 13.76 12.4
420450002................ Chester............. Delaware........... PA............... 15.07 15.96 16.34 13.74 13.3
420910013................ Norristown.......... Montgomery......... PA............... 12.68 13.62 13.96 12.34 11.3
421010004................ AMS Lab............. Philadelphia....... PA............... 15.99 14.01 15.95 13.82 12.9
421010024................ NE Airport.......... Philadelphia....... PA............... 13.58 13.63 14.95 12.96 11.9
421010047................ Broad Street........ Philadelphia....... PA............... 16.59 16.45 15.80 15.37 13.5
421010136................ Elmwood............. Philadelphia....... PA............... 15.70 14.20 15.27 12.99 12.7
100031003................ Bellefonte.......... New Castle......... DE............... 14.87 15.16 15.50 13.13 12.6
100031007................ Lums Pond........... New Castle......... DE............... 13.16 14.37 16.05 10.66 11.3
100031012................ Newark.............. New Castle......... DE............... 15.27 14.91 16.53 13.14 12.6
100032004................ MLK................. New Castle......... DE............... 16.41 15.40 17.61 14.04 13.3
340070003................ Camden.............. Camden............. NJ............... 13.99 14.54 15.76 12.47 12.3
340071007................ Pennsauken.......... Camden............. NJ............... 13.99 14.00 14.75 13.59 12.3
340155001................ Gibbstown........... Gloucester......... NJ............... 13.92 13.43 15.08 11.39 11.7
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In summary, the basic photochemical grid modeling, presented in the
Philadelphia area attainment plan, used the methods recommended in
EPA's modeling guidance. When EPA's attainment test is applied to the
modeling results, the 2009 annual-average PM2.5 design value
is predicted to be 13.5[mu]g/m\3\ in the Philadelphia area. Therefore,
based on EPA's modeled attainment test, the Pennsylvania portion of the
Philadelphia area reached attainment of the annual average
PM2.5 standard in 2009 before the attainment date of April
5, 2010.
i. Supplemental Analyses and Weight of Evidence (WOE) Determination
EPA's modeling guidance states that additional analyses are
recommended to determine if attainment will be likely, even if the
modeled attainment test is ``passed.'' The guidance recommends
supplementary analyses in all cases. EPA's modeling guidance describes
how to use a photochemical grid model and additional analytical methods
to complete a WOE analysis to estimate if emissions control strategies
will lead to attainment. A WOE analysis is a supporting analysis that
helps to determine if the results of the photochemical modeling system
are correctly (or not correctly) predicting future air quality.
All models, including the CMAQ model have inherent uncertainties.
Over or under prediction may result from uncertainties associated with
emission inventories, meteorological data, and representation of
PM2.5 chemistry in the
[[Page 67647]]
model. Therefore, EPA modeling guidance provides for other evidence to
address these model uncertainties so that proper assessment of the
probability to attain the applicable standards can be made. EPA
modeling guidance states that those modeling analyses that show that
attainment with the NAAQS will be reached in the future with some
margin of safety (i.e., estimated concentrations below 14.5 [mu]g/m\3\
for annual PM2.5 and 62 [mu]g/m\3\ for 24-hour
PM2.5) need more limited supporting material.
Due to the fact that the modeling results presented in Table 4 fall
below the aforementioned ``weight of evidence'' thresholds established
by EPA, a limited supplemental analysis was deemed necessary to support
the 2009 attainment demonstration. PADEP's supporting evidence includes
a brief summary of the modeling demonstration, recent trends in the
Philadelphia area's monitoring data and a brief analysis of some of the
largest SO2 sources within the nonattainment area.
4. Reasonably Available Control Measures/Reasonably Available Control
Technology
a. Requirements for RACM/RACT
CAA section 172(c)(1) requires that each attainment plan ``provide
for the implementation of all RACM as expeditiously as practicable,
including such reductions in emissions from the existing sources in the
area as may be obtained through the adoption, at a minimum, of RACT,
and shall provide for attainment of the national primary ambient air
quality standards.'' EPA interprets RACM including RACT under section
172 as measures that a state finds are both reasonably available and
contribute to attainment as expeditiously as practicable in the
nonattainment area. Thus, what constitutes RACM or RACT in a
PM2.5 nonattainment area is closely tied to the expeditious
attainment demonstration of the plan. See, 40 CFR 51.1010; 72 FR 20586
at 20612.
States are required to evaluate RACM/RACT for direct
PM2.5 emissions and all of the area's attainment plan
precursors. See, 40 CFR 51.1002(c); 72 FR 20586 at 20589-97. Consistent
with the guidance provided for the PM2.5 Implementation
Rule, a state initially must evaluate RACM/RACT for sources that emit
direct PM2.5, SO2, and NOX. A state
may establish with an appropriate demonstration that it should not
regulate NOX in the specific nonattainment area, so it could
thereby forgo evaluation of RACM/RACT for NOX. Because EPA
concluded that VOC and NH3 are presumptively not regulatory
precursors for PM2.5, unless the state or EPA determines
that it is necessary to regulate them in a specific nonattainment area,
the state is not required to evaluate RACM/RACT for sources of VOC or
NH3 unless there is a determination supported by an
appropriate demonstration that such emissions need to be regulated for
expeditious attainment of the NAAQS in the specific area.
For PM2.5 attainment plans, the PM2.5
Implementation Rule requires a combined approach to RACM and RACT under
subpart 1 of Part D of the CAA. Subpart 1, unlike subparts 2 and 4,
does not identify specific source categories for which EPA must issue
control technique documents or guidelines, or identify specific source
categories for state and EPA evaluation during attainment plan
development. See 72 FR 20586 at 20610. Rather, under subpart 1, EPA
considers RACT to be part of an area's overall RACM obligation
consistent with the section 172 definition. Because of the variable
nature of the PM2.5 problem in different nonattainment areas
which may require states to develop attainment plans that address
widely disparate circumstances, EPA determined not only that states
should have flexibility with respect to RACM/RACT controls, but also
that in areas needing significant emission reductions, RACM/RACT
controls on smaller sources may be necessary to reach attainment as
expeditiously as practicable. See, 72 FR 20586 at 20612, 20615. Thus,
under the PM2.5 Implementation Rule, RACM and RACT are those
reasonably available measures that contribute to attainment as
expeditiously as practicable in the specific nonattainment area. See,
40 CFR 51.1010; 72 FR 20586 at 20612.
Specifically, the PM2.5 Implementation Rule requires
that attainment plans include the list of measures that a state
considered and information sufficient to show that the state met all
requirements for the determination of what constitutes RACM/RACT in a
specific nonattainment area. See, 40 CFR 51.1010(a). In addition, the
PM2.5 Implementation Rule requires that the state, in
determining whether a particular emissions reduction measure or set of
measures must be adopted as RACM/RACT, consider the cumulative impact
of implementing the available measures and to adopt as RACM/RACT any
potential measures that are reasonably available considering
technological and economic feasibility if, considered collectively,
they would advance the attainment date by one year or more. If a
measure or measures is not necessary for expeditious attainment of the
NAAQS in the area, then by definition that measure is not RACM/RACT for
purposes of the 1997 PM2.5 NAAQS in that area. Any measures
that are necessary to meet these requirements which are not already
either Federally promulgated, part of the state's SIP, or otherwise
creditable in SIPs must be submitted in enforceable form as part of a
state's attainment plan for the area. See, 72 FR 20586 at 20614.
Guidance provided in the PM2.5 Implementation Rule for
evaluating RACM/RACT level controls for an area also indicated that
there could be flexibility with respect to those areas that were
predicted to attain the 1997 PM2.5 NAAQS within five years
of designation as a result of existing national or local measures. See,
72 FR 20586 at 20612. In such circumstances, EPA indicated that the
state may conduct a more limited RACM/RACT analysis that does not
involve additional air quality modeling. Moreover, the RACM/RACT
analysis for such area would focus on a review of reasonably available
measures, the estimation of potential emissions reductions, and the
evaluation of the time needed to implement the measures. Thus, the
PM2.5 Implementation Rule guidance recommended that not all
areas would need to conduct as rigorous an analysis, and suggested that
a less rigorous analysis would be needed for those areas expected to
attain within the initial five years from designation as a
nonattainment area for the 1997 PM2.5 NAAQS. A more
comprehensive discussion of the RACM/RACT requirement for
PM2.5 attainment plans and EPA's guidance for it can be
found in the PM2.5 Implementation Rule preamble. See, 72 FR
20586 at 20609-20633.
b. Pennsylvania's Analysis of Pollutants and Sources Pennsylvania
Portion of the Philadelphia Area
Based upon the emissions inventory for the area, Pennsylvania
determined that it would be appropriate to evaluate sources of
PM2.5, SO2, and NOX located in the
nonattainment area for potential control as RACM/RACT. Pennsylvania did
not determine that controls of sources of VOC or NH3 would
be necessary for expeditious attainment of the NAAQS in this area, nor
does EPA believe that there is a need to do so.
After evaluating which pollutants should be addressed in the
attainment plan, Pennsylvania identified all source categories of those
emissions located within the nonattainment area to
[[Page 67648]]
determine available controls that could bring the area into attainment
as expeditiously as possible. See, section IV.B of the attainment plan
submittal. Based on the emissions inventory and other information,
Pennsylvania identified the following source categories as sources that
should be evaluated for controls: Consumer products; portable fuel
containers; adhesives and sealants application; diesel engine chip
reflash; cutback and emulsified asphalt paving; cement kilns; glass
furnaces; industrial, commercial, and institutional (ICI) boilers;
regional fuels; and electric generating units (EGUs).
The attainment plan submittal contains the Ozone Transport
Commission (OTC) report entitled, ``Identification and Evaluation of
Candidate Control Measures, Final Technical Support Document (MACTEC,
February 2007).'' This final report contains detailed information about
the process and includes tables summarizing the emission reduction
potential of each control measure by source category and projection
year. Pennsylvania also participated in an assessment of control
measures for pollutants and sources affecting visibility though the
MANE-VU regional haze process. MANE-VU developed a list of control
measures for consideration and analysis: coal and oil-fired EGUs; point
and area source industrial, commercial, and institutional boilers;
cement kilns; lime kilns; the use of heating oil; and residential wood
combustion and open burning.
The attainment plan submittal, contains the final report entitled,
``Assessment of Reasonable Progress for Regional Haze in MANE-VU Class
I Areas (MACTEC, July 2000),'' from the MANE-VU control measure
assessment project. This report presents the results of an analysis of
the economic and environmental impacts of the potential scenarios that
could be implemented by MANE-VU states to reduce emissions from
selected source categories in order to make reasonable progress toward
meeting visibility improvement goals.
In accordance with 40 CFR 51.1010, a SIP revision for a
PM2.5 nonattainment area is required to demonstrate that all
RACM, including RACT stationary sources necessary to demonstrate
attainment as expeditiously as practicable have been adopted. The
cumulative impact of implementing available measures must be considered
in determining whether a particular emission reduction measure or set
of measures is required to be adopted as RACM. Potential measures that
are reasonably available considering technical and economic feasibility
must be adopted as RACM if, considered collectively, they would advance
the attainment date by one year or more. Since the Pennsylvania portion
of the Philadelphia area attained at the end of 2009, any RACM measures
need to be in effect in 2008. PADEP determined that there are no
additional control measures that could be adopted by January 1, 2008.
In addition, existing measures and measures planned for implementation
by 2009, enabled the Philadelphia area to attain the 1997
PM2.5 NAAQS. Therefore, no further actions on RACM or RACT
are warranted.
c. Pennsylvania's Evaluation of RACM/RACT Control Measures for the
Pennsylvania Portion of the Philadelphia Area
In accordance with section 172 of the CAA, the Pennsylvania portion
of the Philadelphia area has adopted all RACM, including RACT, needed
to attain the standards ``as expeditiously as practicable.''
Pennsylvania's demonstration for attaining the 1997 PM2.5
NAAQS in the Pennsylvania portion of the Philadelphia area is based on
the following enforceable measures: Small sources of NOX,
cement kilns and large stationary internal combustion engines; new
source review programs; Federal standards for hazardous air pollutants;
source surveillance; Federal Motor Vehicle Control Programs and
Pennsylvania Clean Vehicle Program for passenger vehicles and light-
duty trucks and cleaner gasoline; reformulated gasoline; heavy-duty
diesel control programs; vehicle emission inspection/maintenance
program; low sulfur gasoline; diesel vehicle idling restrictions; and
nonroad sources regulations.
Although VOC is not a regulated PM2.5 precursor for the
Philadelphia area, VOC control measures approved by EPA were included
in the modeling associated with this attainment plan: Portable fuel
containers (December 8, 2004, 69 FR 70893); consumer products (December
8, 2004, 69 FR 70895); and architectural and industrial maintenance
(AIM) coatings (November 23, 2004, 69 FR 69080).
d. Proposed Action on RACM/RACT Demonstration and Control Strategy
EPA is proposing to approve Pennsylvania's evaluation of RACM/RACT
control measures for the Pennsylvania portion of the Philadelphia area.
As noted above, the most current monitoring data for this area
indicates that it is attaining the 1997 PM2.5 NAAQS. EPA's
guidance for the PM2.5 Implementation Rule recommended that
if an area was predicted through the attainment plan to attain the
standard within five years after designation, then the state could
submit a more limited RACM/RACT analysis and the state could elect not
to do additional modeling.
In light of the fact that the Pennsylvania portion of the
Philadelphia area is now attaining the standards, EPA proposes to
conclude that the attainment plan meets the RACM/RACT requirements of
the PM2.5 Implementation Rule, and that the level of control
in the State's attainment plan constitutes RACM/RACT for purposes of
the 1997 PM2.5 NAAQS. Because the PM2.5
Implementation Rule defines RACM/RACT as that level of control that is
necessary to bring the area into attainment, the current level of
Federally enforceable controls on sources located within the area is by
definition RACM/RACT for this area for this purpose.
5. Reasonable Further Progress
Section 172(c)(2) of the CAA requires that attainment plans include
RFP to achieve steady progress toward meeting air quality standards by
showing generally linear progress toward attainment. The
PM2.5 Implementation Rule set forth that an area that
demonstrates attainment by 2010 will be considered to have satisfied
the RFP requirement and need not submit any additional material to
satisfy the RFP requireme