Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of the Liberty-Clairton Nonattainment Area 1997 Fine Particulate Matter National Ambient Air Quality Standard Attainment Demonstration, 68699-68710 [2011-28765]
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Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0854; FRL–9488–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Adoption of the LibertyClairton Nonattainment Area 1997 Fine
Particulate Matter National Ambient Air
Quality Standard Attainment
Demonstration
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve,
with one condition, State
Implementation Plan (SIP) revisions
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) on June 17, 2011. These
revisions include the 1997 fine
particulate matter (PM2.5) National
Ambient Air Quality Standard (NAAQS)
attainment plan for the Liberty-Clairton
nonattainment area (Liberty-Clairton
Area) including a request for EPA to
make a determination that the
appropriate attainment deadline for this
nonattainment area is April 5, 2015.
EPA is proposing to approve the
attainment plan for the Liberty-Clairton
Area that includes the emissions
inventories, the reasonably available
control measures/reasonably available
control technology (RACM/RACT),
reasonable further progress (RFP), and
contingency measures portions of the
attainment demonstration, and the
transportation conformity motor vehicle
emissions budgets (MVEBs) that
demonstrate attainment of the 1997
PM2.5 NAAQS. EPA is proposing to
conditionally approve the air quality
modeling submitted to demonstrate
attainment of the 1997 PM2.5 NAAQS. In
order for EPA to fully approve the
modeling analysis, PADEP must update
the modeling to ensure that the
modeling results in the demonstration
continue to be valid, considering the
reductions from the Cross State Air
Pollution Rule (CSAPR) rule that will
replace the Clean Air Interstate Rule
(CAIR) in 2012, and must submit the
revised modeling to EPA within one
year after the final conditional approval.
EPA is also proposing to determine that
the attainment date for the LibertyClairton Area is April 5, 2015.
These revisions also add the
definition of PM2.5, the 1997 annual
PM2.5 NAAQS of 15 micrograms per
cubic meter (mg/m3), the 2006 24-hour
NAAQS of 35 mg/m3 and the related
references to the list of criteria pollutant
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SUMMARY:
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standards in the Allegheny County
Department of Health (ACHD)
regulations. EPA is proposing to
approve the addition of the definition of
PM2.5 and inclusion of the 1997 annual
and 2006 24-hour PM2.5 NAAQS into
the ACHD regulations. These actions are
being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before December 7, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0854 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0854,
Cristina Fernandez, Associate Director,
Office of Air Planning, 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
Dockets 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–2011–
0854. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
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 https://
www.regulations.gov or email. The
https://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 https://
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.
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68699
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
https://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, 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 https://
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
and the Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
39th Street, Pittsburgh, Pennsylvania
15201.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Lewis at (215) 814–2037 or
by email at lewis.jacqueline@epa.gov, or
Marilyn Powers at (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION: On June
17, 2011, PADEP submitted a revision to
the Allegheny County portion of the
Pennsylvania SIP. The SIP revision
includes an attainment demonstration
and base-year inventory for the LibertyClairton Area developed by ACHD,
which includes an analysis of RACM/
RACT, RFP, contingency measures to be
implemented if violations occur after
attainment or if RFP requirements are
not met, and MVEBs for purposes of
transportation conformity. In addition,
the SIP submittal includes amendments
to Allegheny County regulations that
adopt the air quality standards and
associated definitions necessary to
implement the 1997 and 2006 PM2.5
NAAQS. Throughout this document,
whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used,
we mean EPA.
Table of Contents
I. What action is EPA proposing to take?
II. What is the background for EPA’s
proposed actions?
III. What is EPA’s analysis of the LibertyClairton attainment plan SIP revision?
A. Attainment Demonstration
1. Pollutants Addressed
2. Emission Inventories
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3. Control Strategy
4. RACM/RACT
5. Modeling
6. Determination of the Attainment Date
7. RFP
B. MVEBs for Transportation Conformity
IV. Proposed Actions
V. Statutory and Executive Order Reviews
between elevated PM2.5 levels and
premature mortality. Other important
health effects associated with PM2.5
exposure include aggravation of
respiratory and cardiovascular disease
(as indicated by increased hospital
admissions, emergency room visits,
absences from school or work, and
I. What action is EPA proposing to
restricted activity days), changes in lung
take?
function and increased respiratory
EPA is proposing to approve, with
symptoms, as well as new evidence for
one exception, Pennsylvania’s SIP
more subtle indicators of cardiovascular
revisions submitted to EPA on June 17,
health. Individuals particularly
2011 for the purpose of demonstrating
sensitive to PM2.5 exposure include
attainment of the 1997 PM2.5 NAAQS for older adults, people with heart and lung
the Liberty-Clairton Area. EPA proposes disease, and children. See, EPA, Air
to fully approve the attainment
Quality Criteria for Particulate Matter,
demonstration for the Liberty-Clairton
No. EPA/600/P–99/002aF and EPA/600/
Area that includes the base year
P–99/002bF, October 2004. PM2.5 can be
emissions inventories, RACM/RACT
emitted directly into the atmosphere as
analysis, RFP plan, contingency
a solid or liquid particle (primary PM2.5
measures, and MVEBs that meet the
or direct PM2.5) or can be formed in the
applicable requirements of the CAA and atmosphere as a result of various
the PM2.5 Implementation Rule in 40
chemical reactions from precursor
CFR part 41, subpart Z. EPA proposes to emissions of nitrogen oxides (NOx),
conditionally approve the air quality
sulfur oxides (SO2), volatile organic
modeling analysis portion of the
compounds (VOC), and ammonia (NH3).
attainment demonstration because the
(72 FR 20586, 20589, April 25, 2007).
Following promulgation of a new or
analysis relies on reductions from the
CAIR, which was remanded and will be revised NAAQS, EPA is required by the
CAA section 107(d) to designate areas
replaced by CSAPR in 2012. EPA
throughout the nation as attaining or not
proposes to determine that the
attaining the NAAQS. On January 5,
attainment date for the 1997 PM2.5
2005 (70 FR 944), EPA published initial
NAAQS in the Liberty-Clairton Area is
air quality designations for the 1997
April 5, 2015.
EPA is also proposing to approve
PM2.5 NAAQS, using air quality
amendments to ACHD regulations that
monitoring data for the three-year
add the definition of PM2.5 and the level periods of 2001–2003 or 2002–2004.
of the 1997 annual and 2006 24-hour
These designations became effective on
PM2.5 NAAQS. Specifically, EPA
April 5, 2005. On November 13, 2009
proposes to approve the addition of the
(74 FR 58688), EPA revised the existing
1997 annual PM2.5 standard of 15 mg/m3, designation tables in part 81 to clarify
the 2006 24-hour PM2.5 standard of 35
that the 1997 designations were for both
mg/m3, the related references to the list
the annual PM2.5 NAAQS and the 24of standards in ACHD Article XXI
hour PM2.5 NAAQS.
On October 17, 2006 (71 FR 61144),
Section 2101.10, and the new definition
EPA strengthened the 24-hour PM2.5
of PM2.5 to ACHD Article XXI Section
NAAQS by lowering the level to 35
2101.20.
mg/m3. At the same time, it retained the
II. What is the background for EPA’s
level of the annual PM2.5 standard at
proposed actions?
15.0 g/m3. On November 13, 2009 (74
On July 18, 1997 (62 FR 36852), EPA
FR 58688), EPA designated areas,
established new NAAQS for PM2.5,
including the Liberty-Clairton Area,
particulate matter with a diameter of 2.5 with respect to the revised 24-hour
microns or less, including an annual
NAAQS. Pennsylvania is now required
standard of 15.0 mg/m3 based on a three
to submit an attainment plan for the 24year average of annual mean PM2.5
hour standard no later than three years
concentrations and a 24-hour (daily)
after the effective date of the
standard of 65 mg/m3 based on a three
designation, that is, no later than
year average of the 98th percentile of 24- December 14, 2012. In this notice, all
hour concentrations. See, 40 CFR 50.7.
references to the PM2.5 NAAQS are to
EPA established these standards after
the 1997 24-hour PM2.5 standard of 65
considering substantial evidence from
mg/m3 and annual standard of 15 mg/m3,
numerous health studies demonstrating as codified in 40 CFR 50.7.
EPA designated the Liberty-Clairton
that serious health effects are associated
Area nonattainment for both the 1997
with exposures to PM2.5 concentrations
annual and 24-hour PM2.5 standards.
above the levels of these standards.
Epidemiological studies have shown
See, 40 CFR 81.305. The Libertystatistically significant correlations
Clairton Area is located within the
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Pittsburgh Beaver Valley Area, as a
separate nonattainment area. The
Liberty-Clairton Area was designated as
a separate distinctively local-source
impacted nonattainment area because
the combination of emissions from the
local sources in a narrow river valley
creates a local air quality problem
uniquely different from the remainder of
the Pittsburgh-Beaver Valley Area. The
Liberty-Clairton Area is home to 25,000
people about 1% the population of the
Pittsburgh Metropolitan Statistical Area
(MSA) and includes the boroughs of
Glassport, Liberty, Lincoln, Port Vue,
and the City of Clairton.
EPA is implementing the 1997 PM2.5
NAAQS under Title 1, Part D, subpart
1 of the CAA, which includes section
172, ‘‘Nonattainment plan provisions.’’
Section 172(a)(2) requires that a PM2.5
nonattainment area attain the NAAQS
‘‘as expeditiously as practicable,’’ but no
later than five years from the date of the
area’s designation as nonattainment.
This section also allows EPA to grant up
to a five-year extension of an area’s
attainment date based on the severity of
the area’s nonattainment and the
availability and feasibility of controls.
EPA designated the Liberty-Clairton
Area as nonattainment for the 1997
PM2.5 NAAQS effective April 5, 2005,
and thus the applicable attainment date
is either: (a) No later than April 5, 2010,
or (b) no later than April 5, 2015 if EPA
grant a full five-year extension. Section
172(c) contains the general statutory
planning requirements applicable to all
nonattainment areas, including the
requirements for emissions inventories,
RACM/RACT, attainment
demonstrations, RFP demonstrations,
and contingency measures.
On April 25, 2007, EPA issued the
Clean Air Fine Particle Implementation
Rule for the 1997 PM2.5 NAAQS. See, 72
FR 20586, codified at 40 CFR part 51,
subpart Z (PM2.5 Implementation Rule).
The PM2.5 Implementation Rule and its
preamble address the statutory planning
requirements for emissions inventories,
RACM/RACT, attainment
demonstrations including air quality
modeling requirements, RFP
demonstrations, and contingency
measures. This rule also addresses other
matters such as which PM2.5 precursors
must be addressed by the state in its
attainment SIP and applicable
attainment dates.1 We discuss each of
1 In June 2007, a petition to the EPA
Administrator was filed on behalf of several public
health and environmental groups requesting
reconsideration of four provisions in the PM2.5
Implementation Rule. See Earthjustice, Petition for
Reconsideration, ‘‘In the Matter of Final Clean Air
Fine Particle Implementation Rule,’’ June 25, 2007.
These provisions are (1) the presumption that
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these CAA and regulatory requirements
for PM2.5 attainment plan in more detail
below.
III. What is EPA’s analysis of the
Liberty-Clairton Attainment Plan SIP
Revision?
A. Attainment Demonstration
CAA section 172 requires a state to
submit a plan for each of its
nonattainment areas that demonstrates
attainment of the applicable ambient air
quality standard as expeditiously as
practicable, but no later than the
specified attainment date. Under the
PM2.5 Implementation Rule, this
demonstration should consist of four
parts:
1. Technical analyses that locate,
identify, and quantify sources of
emissions that are contributing to
violations of the PM2.5 NAAQS;
2. Analyses of future year emissions
reductions and air quality improvement
resulting from already-adopted national,
state, and local programs and from
potential new state and local measures
to meet the RACM/RACT and RFP
requirements in the area;
3. Adopted emissions reduction
measures with schedules for
implementation; and
4. Contingency measures required
under section 172(c)(9) of the CAA. See,
40 CFR 51.1007 and 72 FR 20586 at
20605.
1. Pollutants Addressed
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EPA recognizes NOX, SO2, VOC, and
NH3 as the main precursor gases
associated with the formation of
secondary PM2.5 in the ambient air.
These gas-phase PM2.5 precursors
undergo chemical reactions in the
atmosphere to form secondary
particulate matter. Formation of
compliance with the Clean Air Interstate Rule
satisfies the NOX and SO2 RACT requirements for
electric generating units; (2) the deferral of the
requirement to establish emission limits for
condensable particulate matter (CPM) until January
1, 2011; (3) revisions to the criteria for analyzing the
economic feasibility of RACT; and (4) the use of
out-of-area emissions reductions to demonstrate
RFP. These provisions are found in the PM2.5
Implementation Rule and preamble at 72 FR 20586
at 20623–20628, 40 CFR section 51.1002(c), 72 FR
20586, 20619–20620 and 20636, respectively. On
May 13, 2010, EPA granted the petition with respect
to the fourth issue. Letter, Gina McCarthy, EPA, to
David Baron and Paul Cort, Earthjustice, May 13,
2010. On April 25, 2011, EPA granted the petition
with respect to the first and third issues but denied
the petition with respect to the second issue given
that the deferral period for CPM emissions limits
had already ended. Letter, Lisa P. Jackson, EPA, to
Paul Cort, Earthjustice, April 25, 2011. EPA intends
to publish a Federal Register notice that will
announce the granting of the latter petition with
respect to certain issues and to initiate a notice and
comment process to consider proposed changes to
the 2007 PM2.5 Implementation Rule.
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secondary PM2.5 depends on numerous
factors including the concentrations of
precursors; the concentrations of other
gaseous reactive species; atmospheric
conditions including solar radiation,
temperature, and relative humidity; and
the interactions of precursors with
preexisting particles and with cloud or
fog droplets. See, 72 FR 20586 at 20589.
As discussed previously, a state must
submit emissions inventories for each of
the four PM2.5 precursor pollutants. See,
72 FR 20586 at 20589 and 40 CFR
51.1008(a)(1). However, the overall
contribution of different precursors to
PM2.5 formation and the effectiveness of
alternative potential control measures
will vary by area. Thus, the precursors
that a state should regulate to attain the
PM2.5 NAAQS can also vary to some
extent from area to area. See, 72 FR
20586 at 20589. In the PM2.5
Implementation Rule, EPA did not
require that all potential PM2.5
precursors must be controlled in each
specific nonattainment area. See, 72 FR
20586 at 20589. Instead, for reasons
explained in the rule’s preamble, a state
must evaluate control measures for
sources of SO2 in addition to sources of
direct PM2.5 in all nonattainment areas.
See, 40 CFR 51.1002(c) and (c)(1). A
state must also evaluate control
measures for sources of NOX unless the
state and/or EPA determine that control
of NOX emissions would not
significantly reduce PM2.5
concentrations in the specific
nonattainment area. See, 40 CFR
51.1002(c)(2). In contrast, EPA has
determined in the PM2.5 Implementation
Rule that a state does not need to
address controls for sources of VOC and
NH3 unless the state and/or EPA make
a technical demonstration that such
controls would significantly contribute
to reducing PM2.5 concentrations in the
specific nonattainment area at issue.
See, 40 CFR 51.1002(c)(3) and (4). Such
a demonstration is required ‘‘if the
administrative record related to
development of its SIP shows that the
presumption is not technically justified
for that area.’’ See, 40 CFR 51.1002(c)(5).
‘‘Significantly contributes’’ in this
context means that a significant
reduction in emissions of the precursor
from sources in the area would be
projected to provide a significant
reduction in PM2.5 concentrations in the
area. See, 72 FR 20586 at 20590.
Although EPA did not establish a
quantitative test for determining what
constitutes a significant change, EPA
noted that even relatively small
reductions in PM2.5 levels are estimated
to result in worthwhile public health
benefits.
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EPA further explained that a technical
demonstration to reverse the
presumption for NOX, VOC, or NH3 in
any area could consider the emissions
inventory, speciation data, modeling
information, or other special studies
such as monitoring of additional
compounds, receptor modeling, or
special monitoring studies. See, 72 FR
20586 at 20596–20597. These factors
could indicate that the emissions or
ambient concentration contributions of
a precursor, or the sensitivity of ambient
concentrations to changes in precursor
emissions, differs for a specific
nonattainment area from the
presumption EPA established for that
precursor in the PM2.5 Implementation
Rule.
ACHD submitted 2002 baseline
inventories for each of the four
precursor emissions and for direct PM2.5
emissions within the Liberty-Clairton
Area. Its submission did not specifically
discuss the presumptions in the PM2.5
Implementation Rule, however its
discussion of the emissions inventory
and control strategy implicitly showed
that ACHD did not reverse the
presumptions for NOX, VOC or NH3.
Therefore, evaluation of control
measures for VOC and/or NH3 was not
considered, while NOX was considered,
and, in accordance with policies
described in the PM2.5 Implementation
Rule, the Liberty-Clairton Area PM2.5
attainment demonstration evaluated
emissions of direct PM2.5, SO2, and
NOX.
2. Emissions Inventories
CAA section 172(c)(3) requires a state
to submit a plan provision that includes
a ‘‘comprehensive, accurate, current
inventory of actual emissions from all
sources of the relevant pollutant.’’ The
PM2.5 Implementation Rule requires a
state to include direct PM2.5 emissions
and emissions of all PM2.5 precursors in
this inventory, even if it has determined
that control of any of these precursors
is not necessary for expeditious
attainment. See, 40 CFR 51.1008(a)(1)
and 72 FR 20586 at 20648. Direct PM2.5
includes condensable particulate matter.
See, 40 CFR 51.1000. The PM2.5
precursors are NOX, SO2, VOC, and
NH3. The inventories should meet the
data reporting requirements of EPA’s
Air Emissions Reporting Requirements
(AERR) (71 FR 69, January 3, 2006) and
include any additional inventory
information needed to support the SIP’s
attainment demonstration and RFP
demonstration. See, 40 CFR
51.1008(a)(1) and (2). Baseline
emissions inventories are required for
the attainment demonstration and for
meeting RFP requirements. As
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determined on the date of designation,
the base year for these inventories
should be the most recent calendar year
for which a complete inventory was
required to be submitted to EPA. The
emissions inventory for calendar year
2002 or other suitable year should be
used for attainment planning and RFP
plans for areas initially designated
nonattainment for the PM2.5 NAAQS in
2005. See, 40 CFR 51.1008(b). EPA has
provided additional guidance for PM2.5
emissions inventories in the ‘‘Emissions
Inventory Guidance for Implementation
of Ozone and Particulate Matter NAAQS
and Regional Haze Regulations,’’
November 2005 (EPA–454/R–05–001).
The base year and future year baseline
planning inventories for direct PM2.5
and all PM2.5 precursors for the LibertyClairton Area were included as part of
this submittal. The base year used for
the Liberty-Clairton Area SIP was 2002.
ACHD developed a point source
inventory comprised of emissions for
five facilities in the nonattainment area,
which included two major sources, two
synthetic minor sources, and one minor
source. ACHD then made corrections to
the point source inventory for these
sources to include the addition of
condensable PM emissions.
For the 2002 area sources, ACHD
provided an inventory that contained
estimations of emissions by multiplying
an emission factor by some known
indicator or activity level for each
category at the county level. These
estimates were apportioned to the
Liberty-Clairton Area based on
population counts.
The 2002 Nonroad Mobile Sources
emissions inventory was prepared with
EPA’s NONROAD2005 model. This
model estimates fuel consumption and
emissions of total hydrocarbons, carbon
monoxide, NOX, SO2, and PM for all
nonroad mobile source categories except
aircraft, locomotives, and commercial
marine vessels. The National Mobile
Inventory Model was used to estimate
emissions of NH3 from sources
contained in the NONROAD model. The
2002 Onroad Mobile Sources emissions
inventory was prepared using EPA’s
highway mobile source emissions model
MOBILE 6.2.
Table 1 below shows the LibertyClairton Area emissions inventory
summary for direct PM2.5 and PM2.5
precursors for the 2002 base year. These
emissions represent emissions from
sources only within the fivemunicipality Liberty-Clairton Area, not
the larger modeled area.
TABLE 1—BASELINE 2002 EMISSIONS
[Tons/year]
Liberty-Clairton area (2002)
SO2
PM2.5
NOX
VOC
NH3
Stationary Point Sources .........................................................................
Area Sources ...........................................................................................
Nonroad Sources .....................................................................................
Mobile Sources ........................................................................................
2201.438
36.506
23.005
4.918
1358.522
81.962
16.170
12.077
5786.190
80.176
227.673
283.422
432.735
336.467
119.244
200.841
299.714
7.416
0.078
13.867
Totals ................................................................................................
2265.867
1468.731
6377.461
1089.287
321.075
Table 2 below shows the LibertyClairton Area emissions inventory
summary for direct PM2.5 and PM2.5
precursors for the 2014 future projected
year. Similar to the baseline inventory,
these emissions represent sources only
within the five municipality LibertyClairton Area.
TABLE 2—FUTURE PROJECTED 2014 EMISSIONS
[Tons/year]
Liberty-Clairton area (2014)
PM2.5
SO2
NOX
VOC
NH3
Stationary Point Sources .........................................................................
Area Sources ...........................................................................................
Nonroad Sources .....................................................................................
Mobile Sources ........................................................................................
1328.785
35.464
21.500
2.749
1459.146
86.464
3.034
1.409
5282.002
86.239
169.006
134.079
581.492
307.013
83.335
98.997
255.456
8.176
0.093
14.367
Totals ................................................................................................
1388.498
1550.053
5671.326
1070.837
278.092
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3. Control Strategy
To understand the PM2.5 problem in
the Liberty-Clairton Area, EPA believes
it is helpful to explain the unique
topographic and meteorologic
conditions in the area, as well as the
geographic location of this area. The
approximately 12 square kilometer area
is a subset of Allegheny County, and is
surrounded by the Pittsburgh-Beaver
Valley nonattainment area (Pittsburgh
Area). The Liberty-Clairton Area was
designated a separate nonattainment
area from the surrounding Pittsburgh
Area because, in addition to the regional
air quality problem, there is a localized
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air quality issue caused by local sources
and by specific geologic and
meteorological features of the area. The
PM2.5 problem in the Liberty-Clairton
Area is compounded by the sharp
difference in elevation between the
industrial and residential areas as well
as large temperature differences
between the river valleys and the
adjacent hilltops. The high hillsides of
the two rivers in the area create a
significant river basin with spikes in
localized PM2.5 concentrations that
coincide with temperature inversions.
Two of the eight monitors in the
combined areas are located within the
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Liberty-Clairton Area, one in Liberty
Borough (Liberty monitor) and one in
the city of Clairton (Clairton monitor).
On many days the Liberty monitor has
readings very similar to those located in
the Pittsburgh Area. However, when the
regional concentrations rise, the Liberty
monitor rises higher than any other site
in the region, and after an inversion
break, the monitor returns to a level
comparable to, and sometimes less than,
the concentrations measured at
surrounding monitors in the Pittsburgh
Area. The occurrence and severity of
these high readings at the Liberty
monitor, caused by local sources and
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features, required that a control strategy
for the Liberty-Clairton Area be
considered separate from, and in
addition to, the control strategy for the
larger Pittsburgh Area.
Direct PM from local sources are at
the heart of the PM2.5 problem in this
area, and the control strategy for
attainment within the nonattainment
area is to reduce emissions of direct
PM2.5. Other than regional reductions of
NOX and SO2 within the surrounding
Pittsburgh Area, no additional local
reductions for these pollutants are
necessary for the Liberty-Clairton Area
to attain the NAAQS by the attainment
date. The monitored NOX and SO2
within the Liberty-Clairton Area are
representative of the monitored
concentrations of these precursors in the
larger Pittsburgh Area. The small
geographic size of the Liberty-Clairton
Area is such that there is insufficient
residence time for a local conversion of
NOX and SO2 to nitrates and sulfates.
This is indicated by a lack of sizable
difference in the levels monitored at the
Liberty monitor with the levels
monitored at the Lawrenceville monitor
located in Allegheny County, just north
of Pittsburgh. Additionally, monitored
data shows consistent trends at the
Liberty monitor for sulfates and nitrates
with those throughout the southwestern
part of Pennsylvania, with no outlying
concentrations of NOX and SO2 at the
Liberty monitor. For the above reasons,
EPA has determined that it is not
practical to rely on local NOX and SO2
reductions for purposes of ensuring that
the Liberty-Clairton Area will attain the
PM2.5 NAAQS by the attainment date.
While NOX and SO2 reductions from
within the nonattainment area are not
relied upon for the Liberty-Clairton Area
to attain the PM2.5 standard, EPA
recognizes that addressing the control
strategy for NOX and SO2 in the larger
surrounding nonattainment area may
result in collateral benefit in the LibertyClairton Area; EPA will address control
strategies for NOX and SO2 in the
surrounding nonattainment area when
EPA takes action on the Pittsburgh Area
attainment demonstration SIP.
With respect to control strategies for
direct PM2.5, ACHD has already required
implementation of stringent control
measures for the largest sources of direct
PM2.5 in the Liberty-Clairton Area, so
reducing direct PM2.5 further is
challenging. The majority of direct PM2.5
emissions reductions that the ACHD
projects are needed for PM2.5 attainment
in the Liberty-Clairton Area by 2015
will come from a combination of
upgrades and shutdowns of batteries
and quench towers at the U.S. Steel
Mon Valley Works Clairton (U.S. Steel)
and Edgar Thomson Plants in response
to a number of previous visible
emissions and opacity violations. In
accordance with a March 2008 consent
order and agreement between ACHD
and U.S. Steel, several upgrades and
shutdowns have taken place or are
required to take place, including:
a. Batteries 7, 8, and 9 were
permanently shut down on April 16,
2009. The original date for shut down
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was December 31, 2012 in the consent
order and agreement. The new Battery C
will replace the production of Batteries
7, 8, and 9 at significantly lower
emissions due to newer and cleaner
technology. This project reduces
emissions of direct PM2.5 by over 200
tons per year at a cost of $500 million.
b. 25 heating walls on Battery 19 will
be replaced by October 31, 2012. The
battery will meet its opacity limits by
December 31, 2012, including, as
necessary, implementing an advanced
patching plan.
In September 2010, ACHD and U.S.
Steel amended the March 2008 consent
order and agreement to include the
construction of new low emission
quench towers for Batteries 13–15 and
Batteries 19–20 by December 31, 2013.
The new quench towers 5A and 7A will
be used as the primary quench towers
for Batteries 13–15 and Batteries 19–20,
respectively. The current quench towers
5 and 7 will serve as auxiliary quench
towers. The new quench towers 5A and
7A will reduce emissions of direct PM2.5
by 593 tons per year.
Additional reductions are achieved by
a June 2007 ACHD and U.S. Steel
consent decree to rebuild the B Battery
heating walls, which was to be
completed by June 30, 2010, and
replacement of 25 heating walls on
Battery 19 by October 2012 to meet
opacity limits. Table 3 below
summarizes the reductions that are
relied on in the Liberty-Clairton Area
PM2.5 attainment plan to demonstrate
attainment by April 5, 2015.
TABLE 3—SUMMARY OF REDUCTIONS NEEDED FOR THE LIBERTY-CLAIRTON AREA PM2.5 ATTAINMENT DEMONSTRATION
[Tons per year]
Direct PM2.5
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A. 2002 emissions level ...............................................................................................................
B. 2014 attainment target ............................................................................................................
C. Total reductions needed by 2014 (A minus B) .......................................................................
The majority of direct PM2.5 emissions
reductions that the State projects are
needed for PM2.5 attainment in the
Liberty-Clairton Area by 2015 come
from the combination of upgrades and
shutdowns of batteries and quenches
towers at the U.S. Steel Mon Valley
Clairton Plant. ACHD included in this
table the reductions of PM2.5 precursor
pollutants NOX and SO2 that are
achieved by the regional programs that
address transported emissions. The NOX
and SO2 projected reductions shown in
this table come from the CAIR regional
trading program, and are addressed in
the regional modeling discussed below.
The sources from which these NOX and
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SO2 emission reductions are achieved
are located upwind of the LibertyClairton Area in the Pittsburgh Area.
4. RACM/RACT
CAA section 172(c)(1) requires that
each attainment plan ‘‘provide for the
implementation of all reasonably
available control measures as
expeditiously as practicable (including
such reductions in emissions from
existing sources in the area as may be
obtained through the adoption, at a
minimum, of reasonably available
control technology), and shall provide
for attainment of the national primary
ambient air quality standards.’’ EPA
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2,270.6
1,392.6
878.0
NOX
SO2
229,571.7
108,565.5
121,006.2
587,201.4
132,598.7
454,602.7
defines RACM as measures that a state
finds are both reasonably available and
contribute to attainment as
expeditiously as practicable in its
nonattainment area. Thus, what
constitutes RACM/RACT in a PM2.5
attainment plan is closely tied to that
plan’s expeditious attainment
demonstration. See, 40 CFR 51.1010 and
72 FR 20586 at 20612. States are
required to evaluate RACM/RACT for
direct PM2.5 and all of its attainment
plan precursors. See, 40 CFR 51.1002(c).
Consistent with subpart 1 of Part D of
the CAA, EPA is requiring a combined
approach to RACM and RACT for PM2.5
attainment plans. Subpart 1, unlike
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subparts 2 and 4, does not identify
specific source categories for which EPA
must issue control technology
documents or guidelines for what
constitutes RACT, 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. Because of the
variable nature of the PM2.5 problem in
different nonattainment areas, EPA
determined not only that states should
have flexibility with respect to RACT
and RACM controls, but also that in
areas needing significant emission
reductions to attain the standards,
RACT/RACM 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, RACT and RACM
are those reasonably available measures
that contribute to attainment as
expeditiously as practicable in the
specific nonattainment area. See, 40
CFR 51.1010 and 72 FR 20586 at 20612.
The PM2.5 Implementation Rule
requires that attainment plans include
the list of measures a state considered
and information sufficient to show that
the state met all requirements for the
determination of what constitutes
RACM/RACT in its specific
nonattainment area. See, 40 CFR
51.1010. In addition, the 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. 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.
ACHD undertook a process to identify
and evaluate potential reasonably
available control measures that could
contribute to expeditious attainment of
the PM2.5 standard for the LibertyClairton Area. These RACM/RACT
analyses address control measures for
sources of direct PM2.5 only. The control
measures for sources of SO2 or NOX
were not addressed because, as
explained earlier, the area is too small
and conditions are not appropriate for
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SO2 or NOX from sources located within
the nonattainment area to be able to
convert to PM2.5. ACHD’s RACM/RACT
analysis focused on point, area and
mobile source controls. To identify
potential RACM/RACT in the 12 square
kilometer nonattainment area, ACDH’s
review of potential measures from two
major sources (U.S. Steel Clairton Plant
and Koppers Industries, Inc. Clairton
Plant), and one minor source (Mid
Continent Coal and Coke Company) is
summarized below.
For the U.S. Steel Clairton Plant,
many alternatives were considered for
the coke batteries and quench towers.
For the Coke batteries, there were very
few alternatives were available, since
some of the nation’s strictest standards
are already in place for this facility. Of
the alternatives considered, none were
considered technically feasible for
integration into the process. For the
quench towers, among the many
alternatives considered were short
towers with single baffles, wet low
emission quench, coke stabilization
quenching process, and Kress indirect
cooling system. However, they were all
found to be unacceptable due to the cost
effectiveness, potential magnitude and
timing of emissions reductions and
availability of space. For the Koppers
Industries Inc. Clairton Plant,
alternatives were considered for the tar
refining process and the manufacturing
of the rod pitch. For both the tar refining
process and manufacturing of the rod
pitch, the alternatives considered
resulted in no additional emissions
reductions. For the Mid Continent Coal
and Coke Company, the total PM2.5
emissions are no more than five tons per
year, mostly resulting from unpaved
roads. The emission reductions benefit
from the implementation of dust
suppressants would produce only
insignificant emission reductions and
would not advance the attainment date
by one year or more even if combined
with other control measures. After
completing its RACM/RACT analysis for
stationary, area and mobile sources of
direct PM2.5, ACHD concluded that no
additional reasonable controls are
available that would advance the
attainment date by one year.
Based on our review of potential
RACM/RACT in the Liberty-Clairton
Area PM2.5 attainment plan, we agree
that there are no additional reasonably
available control measures that
individually, or collectively, would
advance attainment of the 1997 PM2.5
NAAQS in the Liberty-Clairton
nonattainment area by one year or more,
and propose to approve the RACM/
RACT determination submitted by
PADEP.
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5. Modeling
The PM2.5 Implementation Rule
requires states to submit an attainment
demonstration based on modeling
results. Specifically, 40 CFR 51.1007(a)
states that for any area designated as
nonattainment for the PM2.5 NAAQS,
the state must submit an attainment
demonstration showing that the area
will attain the annual and 24-hour
standards as expeditiously as
practicable. The demonstration must
meet the requirements of 40 CFR part 51
and appendix W of this part and must
include inventory data, modeling
results, and emission reduction analyses
on which the state has based its
projected attainment date. The
attainment date justified by the
demonstration must be consistent with
the requirements of 40 CFR 51.1004(a).
The modeled strategies must be
consistent with requirements in 40 CFR
51.1009 for RFP and in 40 CFR 51.1010
for RACT and RACM. The attainment
demonstration and supporting air
quality modeling should be consistent
with EPA’s PM2.5 modeling guidance.2
See also, 72 FR 20586 at 20665.
Air quality modeling is used to
establish emissions attainment targets,
the combination of emissions of PM2.5
and PM2.5 precursors that the area can
accommodate without exceeding the
NAAQS and to assess whether the
proposed control strategy will result in
attainment of the NAAQS. Air quality
modeling is performed for a base year
and compared to air quality monitoring
data in order to evaluate model
performance. Once the performance is
determined to be acceptable, future year
changes to the emissions inventory are
simulated to determine the relationship
between emissions reductions and
changes in ambient air quality
throughout the air basin.
The procedures for modeling PM2.5 as
part of an attainment SIP are contained
in EPA’s ‘‘Guidance on the Use of
Models and Other Analyses for
Demonstrating Attainment of Air
Quality Goals for the 8-Hour Ozone and
PM2.5 NAAQS and Regional Haze.’’ This
guidance encourages states to take a
nine-step approach when preparing a
modeling analysis to demonstrate
attainment of the PM2.5 NAAQS. The
nine steps include formulation of a
conceptual description of the
nonattainment problem, development of
a modeling protocol, use of an
2 EPA’s modeling guidance can be found in
‘‘Guideline on Air Quality Models’’ in 40 CFR part
51, appendix W and ‘‘Guidance on the Use of
Models and Other Analyses for Demonstrating
Attainment of Air Quality Goals for the 8–Hour
Ozone and PM2.5 NAAQS and Regional Haze,’’
EPA–454/B–07–002, April 2007.
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appropriate model using appropriate
meteorological episodes and a modeling
domain to establish initial and
boundary conditions, generation of
meteorological and air quality inputs,
generation of emissions inputs,
evaluation of the performance of the air
quality model, and performance of
future year modeling that includes
control strategies, followed by
application of the attainment test.
ACHD’s conceptual description of its
PM2.5 nonattainment problem is
provided in Appendix C (Modeling
Protocol) of its attainment SIP. The
unique meteorologic and geologic
features of the area was also discussed
briefly in section A.3 of this notice.
Episodes of poor air quality often occur
within the Liberty-Clairton Area during
periods of strong nocturnal inversions.
When this occurs, air dispersion is often
minimized, allowing emissions to
‘‘build up’’ within the river valleys, and
contributing to episodes of poor air
quality that leads to high PM2.5 design
values. Many times, PM2.5
concentrations in the Liberty-Clairton
Area are significantly higher than
concentrations in the nearby city of
Pittsburgh. Using source apportionment
modeling for the Liberty and
Lawrenceville monitors in Allegheny
County, ACHD’s analysis found that the
Liberty monitor’s PM2.5 concentrations
are impacted by regional loading based
on similarities in both monitor’s
speciation data and that sources near
the Liberty monitor are responsible for
the speciation differences observed
between the two monitors.
The Liberty-Clairton PM2.5 SIP
utilized two components in its
attainment demonstration modeling: a
regional photochemical grid model and
a local scale model with sufficient
resolution to examine the impacts of
local emission sources. Model results
were used in a relative rather than an
absolute sense. Following this
methodology, the ratio of the model’s
future to current (baseline) predictions
at both of the nonattainment area’s
PM2.5 monitors determines if the
controls in the Liberty-Clairton Area are
likely to lead to attainment with the
1997 p.m.2.5 NAAQS.
The regional modeling demonstration
for the Liberty-Clairton Area used the
Community Multiscale Air Quality
(CMAQ) model. The CMAQ modeling
was performed by the Bureau of Air
Quality Analysis and Research, New
York State Department of
Environmental Conservation (DEC)
using Mid-Atlantic/Northeast Visibility
Union Regional Planning Organization
(MANE–VU) inventory with a base year
of 2002. Regional controls for SO2 and
NOX in the MANE–VU inventory were
based on the CAIR. Local sources in the
Liberty-Clairton Area create steep
gradients in PM2.5 concentrations than
cannot be adequately resolved by the
CMAQ model, which uses grid cells that
are roughly 12 square kilometers—
approximately the total area of the
Liberty-Clairton Area. Local scale
meteorology is also not well simulated
by the CMAQ model due to steep
topography within the Liberty-Clairton
Area that often contributes to strong
temperature inversions and complex
flow patterns within the valleys.
ACHD’s analysis of its PM2.5 monitors
within Allegheny County showed
significant local impacts at the LibertyClairton Area. To better simulate the
local source impacts within the
nonattainment area, ACHD used the
California PUFF (CALPUFF) air quality
dispersion modeling system.
The CALPUFF modeling system uses
CALMET, a diagnostic 3-dimensional
meteorological model, and CALPOST, a
post processing program. The CALPUFF
model, which uses a much finer scale
than the regional model, was used to
help better resolve local topographic
features that influence emission
dispersion and address spatial
relationships between local sources and
the monitors in the Liberty-Clairton
Area. The CALPUFF grid spacing for the
150 km regional source analysis domain
was one kilometer and 100 meters for
the 20 kilometer local scale analysis
domain. The CALMET processor was
used to recreate some of the more
complex atmospheric flows in the
Liberty-Clairton Area.
The MANE–VU regional analysis used
northeastern United States emissions
inventories for all source classifications.
The year 2002 was used for the baseline
emissions inventory and 2014 for the
projected inventory for the LibertyClairton Area. Regional projections used
on-the-books/on-the-way (OTB/OTW)
controls through the 2012 timeframe.
Since no additional projections were
available at the time, and since LibertyClairton controls focus on direct PM2.5
emissions, the inventory was limited to
direct PM2.5 emissions and was
developed from both the regional
MANE–VU projections for 2012 for
precursors and non-point PM2.5
emissions in combination with ACHD’s
local projections for 2014 for stationary
point PM2.5 emissions. A more detailed
inventory, limited to PM2.5, was
developed by the ACHD for the
extended Liberty-Clairton Area as part
of its CALPUFF modeling analysis. This
inventory was developed from both the
MANE–VU inventories and projections,
which were based on CAIR, along with
ADCH’s inventories for stationary point
sources.
The monitored attainment test for
PM2.5 utilizes both PM2.5 and individual
PM2.5 component species. The
attainment test for PM2.5 is the
Speciated Modeled Attainment Test
(SMAT). In SMAT, a separate relative
response factor (RRF) is calculated for
each PM2.5 component. These RRF
values are then multiplied by the base
year concentrations for each monitor
within the nonattainment area to
determine if an area is projected to
attain the NAAQS.
The Liberty-Clairton Area has two
PM2.5 monitoring sites, the Liberty
monitor and the Clairton monitor.
Speciation data from the Liberty
monitor was used for the Clairton
monitor since this site does not collect
speciation data. Annual and 24-hour
PM2.5 concentrations for both the
Liberty and Clairton monitors were
calculated from the quarterly base-year
averaged monitor concentrations and
the RRFs calculated from THE CMAQ
MODEL and CALPUFF for each PM2.5
component. Results for the annual and
24-hour PM2.5 NAAQS are summarized
in Table 4 which shows that the
projected 2014 annual and 24-hour
design values for the 1997 PM2.5
NAAQS.
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TABLE 4—MODELED PM2.5 DESIGN VALUES
Annual standard
24-Hour standard
Monitor
2014 Projected
Liberty .....................................................
Clairton ...................................................
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1997 NAAQS
2014 Projected
14.3 μg/m3 ...................
11.8 μg/m3 ...................
15.0 μg/m3 ...................
15.0 μg/m3 ...................
42 μg/m3 ......................
27 μg/m3 ......................
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65 μg/m3.
65 μg/m3.
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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 weight of evidence (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,
or are 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 model. Therefore, EPA
modeling guidance provides for the
consideration of 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
2014 attainment demonstration. ACHD
provided a WOE demonstration that
consisted of an analysis of monitor
trends, local and national emission
control programs, population trends and
monitoring concentrations during
periods of low production. ACHD
included a summary of various local
and regional emission control programs
being implemented in the Area,
although some of these control measures
may extend beyond the Liberty-Clairton
Area and therefore, may have a lesser
impact. Emission control programs used
for WOE include Pennsylvania’s wood
boiler regulation, a wood stove change
out program in southwest Pennsylvania,
EPA’s CSAPR as it was proposed,
Allegheny County’s diesel fuel engine
retrofit program, local and state antiidling campaigns and Allegheny
County’s program to reduce diesel
particulate emissions. The additional
reductions from these programs were
used as further evidence supporting
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ACHD’s conclusion that its SIP
modeling demonstrates compliance
with the 1997 PM2.5 NAAQS.
Based on the technical information
provided in the Liberty-Clairton Area
attainment demonstration SIP revision,
EPA concludes that the modeling and
WOE analyses demonstrate attainment
of the 1997 PM2.5 NAAQS by the
attainment date proposed as part of this
notice (April 5, 2015). The
demonstration shows that the LibertyClairton Area will attain the 1997
annual PM2.5 NAAQS by 2015, which is
as expeditiously as practical considering
the area’s elevated 2002 base year
design values of 21.4 mg/m3 for the
annual NAAQS and 63 mg/m3 for the
24-hour NAAQs at the Liberty monitor
and the reasonably available control
measures discussed above. ACHD’s
modeled 2014 design values for the
Annual PM2.5 NAAQS and the
24-Hour PM2.5 NAAQS are expected to
be below 15.0 mg/m3 and 65 mg/m3,
respectively, indicating the
nonattainment area satisfies the CAA
requirement that SIPs provide for
attainment of the NAAQS by the
applicable attainment date.
However, because the regional CMAQ
modeling relied upon EPA’s CAIR
program, EPA is requiring ACHD to
provide an additional analysis to
confirm model results, in light of EPA’s
promulgation of CSAPR on August 8,
2011 (76 FR 48208), to replace the
remanded CAIR rule. While ACHD’s SIP
submittal predated EPA’s promulgation
of CSAPR, to ensure that the modeling
demonstration is still valid, ACHD must
update the analysis it included in
section 13.3 of its attainment plan to
include CSAPR instead of CAIR, and
review and update, if appropriate, its
modeling technical support document
(TSD). To ensure that the analysis in the
June 17, 2011 submittal is valid during
the implementation of CSAPR, the
results, with CSAPR, must show at least
the same concentrations that resulted
from the modeling demonstration with
CAIR. EPA is, therefore, conditionally
approving the modeling portion of the
Liberty-Clairton Area attainment
demonstration SIP. Final approval of the
modeling demonstration portion of the
SIP is contingent on ACHD’s reanalysis
of the elements included in section 13.3
of its attainment demonstration and the
associated TSD to show that
implementation of CSAPR provides at
least equivalent model concentrations in
the Liberty-Clairton Area as was shown
in its June 17, 2011 submittal.
More detailed information about the
modeling and our evaluation are
available in the modeling TSD available
in the docket for this rulemaking.
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6. Determination of the Attainment Date
CAA Section 172(a)(2) provides that
an area’s attainment date ‘‘shall be the
date by which attainment can be
achieved as expeditiously as
practicable, but no later than five years
from the date such area was designated
nonattainment, except that the
Administrator may extend the
attainment date to the extent the
Administrator determines appropriate,
for a period no greater than 10 years
from the date of designation as
nonattainment considering the severity
of nonattainment and the availability
and feasibility of pollution control
measures.’’ Because the effective date of
designations for the 1997 PM2.5 NAAQS
is April 5, 2005 (See 70 FR 944), the
initial attainment date for PM2.5
nonattainment areas is as expeditiously
as practicable, but not later than April
5, 2010. For any area that is granted a
full five-year attainment date extension
under CAA section 172, the attainment
date would be not later than April 5,
2015. Section 51.1004 of the PM2.5
Implementation Rule addresses the
attainment date requirement. Section
51.1004(b) requires a state to submit an
attainment demonstration justifying its
proposed attainment date and provides
that EPA will approve an attainment
date when we approve that
demonstration.
States that request an extension of the
attainment date under CAA section
172(a)(2) must provide sufficient
information to show that attainment by
April 5, 2010 is impracticable due to the
severity of the nonattainment problem
in the area and the lack of available and
feasible control measures to provide for
earlier attainment. See, 40 CFR
51.1004(b). States must also
demonstrate that all RACM and RACT
for the area are being implemented to
bring about attainment of the standard
by the most expeditious alternative date
practicable for the area. See, 72 FR
20586 at 20601.
In the course of evaluating whether
the attainment date for the LibertyClairton Area should be extended, EPA
has considered several factors. First,
EPA has considered the technical basis
supporting the attainment
demonstration, including whether the
emissions inventories and air quality
modeling, are adequate. As discussed
previously, EPA is proposing to approve
the emissions inventories and
conditionally approve the air quality
modeling on which the Liberty-Clairton
1997 PM2.5 attainment demonstration
and other provisions are based. Second,
EPA has considered whether the SIP
submittal provides for expeditious
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Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules
attainment through the implementation
of all RACM and RACT. As discussed in
section A.4, EPA is proposing to
approve the RACM/RACT
demonstration in the Liberty-Clairton
PM2.5 attainment demonstration. Third,
EPA has considered whether the
emissions reductions that are relied on
for attainment are creditable. As
discussed in section A.3, the LibertyClairton Area attainment demonstration
relies on upgrades and shutdowns at the
U.S. Steel Plant for reductions of PM2.5,
and regional reduction programs to
achieve NOX and SO2 reductions, that
are needed to attain the 1997 PM2.5
standards in the Liberty-Clairton Area
by April 5, 2015. Finally, EPA must
determine whether the attainment
demonstration provides sufficient
information to show that attainment by
April 5, 2010 is impracticable due to the
severity of the nonattainment problem
in the area and the lack of available and
feasible control measures to provide for
earlier attainment. See, 40 CFR
51.1004(b).
The Liberty-Clairton Area SIP
submittal provides sufficient
information to show that attainment by
April 5, 2010 is impracticable due to the
severity of the nonattainment problem
in the area and the lack of available and
feasible control measures to provide for
earlier attainment. In particular, this
submission includes sufficient modeling
data to support a finding that the
attainment date for the Liberty-Clairton
Area should be April 5, 2015, and that
the area qualifies for the full five-year
extension of the attainment date
allowable under section 172(a)(1).
Furthermore, the SIP submittal provides
for expeditious implementation of the
available control programs. The
implementation schedule for the
controls is expeditious, while taking
into account the time necessary for
purchase and installation of the
required control technologies.
Based upon the above considerations,
EPA is proposing to determine that a
five-year extension of the attainment
date is appropriate given the severity of
the nonattainment problem in the
Liberty-Clairton Area, and the
unavailability and infeasibility of
additional control measures and,
therefore, EPA is proposing to extend
the attainment date in the LibertyClairton Area to April 5, 2015.
7. RFP
CAA section 172(c)(2) requires that
plans for nonattainment areas shall
provide for RFP. RFP is defined in
section 171(1) as ‘‘such annual
incremental reductions in emissions of
the relevant air pollutant as are required
by this part or may reasonably be
required by the Administrator for the
purpose of ensuring attainment of the
applicable [NAAQS] by the applicable
date.’’ For any area for which a state
requests an extension of the attainment
date beyond 2010, the PM2.5
Implementation Rule requires submittal
of an RFP plan at the same time as the
submittal of the attainment
demonstration. For areas for which the
state requests a date extension to 2015,
such as the Liberty-Clairton Area, the
RFP plan must demonstrate that, in the
applicable milestone years of 2009 and
2012, emissions in the area will be at a
level consistent with generally linear
progress in reducing emissions between
the base year and the attainment year.
See, 40 CFR 51.1009(d). States may
demonstrate this by showing that
emissions for each milestone year are
roughly equivalent to benchmark
emissions levels for direct PM2.5 and
each PM2.5 attainment plan precursor
addressed in the plan. The steps for
determining the benchmark emissions
levels to demonstrate generally linear
progress are provided in 40 CFR
51.1009(f). Establishment of RFP
milestones involves a determination of
the total reductions that are needed for
attainment, determination of the
attainment year that is as expeditious as
practicable, and the fraction of
reductions that are achieved in each
milestone year. The RFP plan must
describe the control measures that
provide for meeting the RFP milestones
for the area, the timing of
implementation of those measures, and
the expected reductions in emissions of
direct PM2.5 and PM2.5 attainment plan
precursors. See, 40 CFR 51.1009(c).
For Liberty-Clairton, as discussed in
section A.3, the total reductions needed,
878 tons of PM2.5, have been identified
in the modeling, and 2015 is the
attainment date that is as expeditious as
practicable. Benchmark levels are
therefore required for milestone years
2009, 2012, and 2014. Table 5 below
summarizes the benchmark emission
reductions for each milestone year.
Controlled emissions levels for direct
PM2.5, NOX, and SO2 were below the
benchmarks for 2009, demonstrating
that the Liberty-Clairton Area has met
its RFP targets for that year. For 2012,
the projected controlled emissions
levels for direct PM2.5 are only slightly
above the benchmark (by about 16
percent) and the projected controlled
levels for NOX and SOX are substantially
below the benchmarks. For direct PM2.5,
these emissions include three additional
minor sources that were not included in
the modeling inventory shown in
Table 1.
TABLE 5—SUMMARY OF RFP NEEDED FOR THE LIBERTY-CLAIRTON PM2.5 ATTAINMENT DEMONSTRATION
Pollutant
Milestone year
PM2.5 ................................................................................................................
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NOX ..................................................................................................................
SO2 ..................................................................................................................
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2002
2009
2012
2014
2002
2009
2012
2014
2002
2009
2012
2014
Benchmark
emissions
(tons/year)
2,270.6
1,968.8
1,849.9
1,392.6
229,571.7
120,414.1
108,565.5
108,565.5
587,201.4
141,772.8
132,598.7
132,598.7
E:\FR\FM\07NOP1.SGM
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Cumulative
emission
reductions
(tons/year)
Percent of
emission
reductions
needed for
attainment
........................
301.8
420.7
878.0
........................
109,157.6
121,006.2
121,006.2
........................
445,428.6
454,602.7
454,602.7
........................
34
48
100
........................
90
100
100
........................
98
100
100
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Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules
As explained in section III.A.3 of this
proposed rulemaking action, the control
strategy for attainment in the LibertyClairton Area is to reduce emissions of
direct PM2.5. Other than regional
reductions of NOX and SO2 within the
surrounding Pittsburgh Area, no
additional local reductions for these
pollutants are necessary to attain by the
attainment date. As such, in accordance
with the PM2.5 Implementation Rule, the
pollutants to be addressed in the RFP
plan are those pollutants that are subject
to control measures in the attainment
plan. Nevertheless, ACHD submitted
milestone years and benchmark levels
for NOX and SO2 from within the larger
Pittsburgh Area that show generally
linear progress for RFP in that area.
EPA has reviewed the RFP
demonstration for PM2.5 and has
determined that it was prepared
consistently with the applicable EPA
regulations and policies. As can be seen
from Table 5, EPA finds that, overall,
the projected controlled emissions
levels represent generally linear
progress from the baseline year to the
attainment year, and propose to find
that the Liberty-Clairton PM2.5
attainment demonstration SIP provides
for reasonable further progress as
required by CAA section 172(c)(2) and
40 CFR 51.1009.
8. Contingency Measures
Under CAA section 172(c)(9), all
PM2.5 attainment plans must include:
(a) Contingency measures to be
implemented if an area fails to meet RFP
(RFP contingency measures); and (b)
contingency measures to be
implemented if an area fails to attain the
PM2.5 NAAQS by the applicable
attainment date (attainment contingency
measures). These contingency measures
must be fully adopted rules or control
measures that are ready to be
implemented relatively quickly without
significant additional action by the
state. See, 40 CFR 51.1012. They must
also be measures not relied on in the
plan to demonstrate RFP or attainment
and should provide SIP-creditable
emissions reductions equivalent to
approximately one year of the emissions
reductions needed for RFP. See, 72 FR
20586 at 20642–43. Finally, the SIP
should contain trigger mechanisms for
the contingency measures and specify a
schedule for their implementation.
Contingency measures may include
federal, state and local measures already
adopted and implemented or scheduled
for implementation that provide
emissions reductions in excess of the
reductions needed to provide for RFP or
expeditious attainment. EPA has
approved numerous SIPs under this
interpretation. See, direct final rule
approving Indiana ozone SIP revision
(62 FR 15844, April 3, 1997); final rule
approving Illinois ozone SIP revision
(62 FR 66279, December 18, 1997);
direct final rule approving Rhode Island
ozone SIP revision (66 FR 30811, June
8, 2001); final rule approving District of
Columbia, Maryland, and Virginia
ozone SIP revisions (66 FR 586, January
3, 2001); and final rule approving
Connecticut ozone SIP revision (66 FR
634, January 3, 2001). The state may use
the same measures for both RFP and
attainment contingency, if the measures
will provide reductions in the relevant
years. However, should measures be
triggered for failure to make RFP, the
state would need to submit replacement
contingency measures for attainment
purposes.
The contingency measures in the
Liberty-Clairton attainment
demonstration for the 1997 PM2.5
NAAQS meet the above requirements.
These measures include emission
reduction measures specified in the
consent order and agreement between
the ACHD and U.S. Steel and are listed
in Table 6. In order to determine the
reductions equivalent to one year’s
worth of RFP, ACHD started with the
2002 baseline emissions for the LibertyClairton Area (2270.6 tons/year), and
subtracted the projected 2014 PM2.5
emissions for the Area (1,392.6 tons/
year), as taken from Table 5. The result
(878 tons/year) is then divided by the
number of years it takes to reach
attainment. In this case, it is predicted
that it will take 12 years for the area to
achieve attainment, however, ACHD
used 10 years in its calculation of RFP,
which is acceptable, and calculated the
targeted reductions for the contingency
measures to be 87.8 tons per year of
PM2.5. Within 30 months of receiving
notice that the area failed to meet RFP
or attainment, U.S. Steel will implement
one or more of the measures listed in
Table 6. The measure chosen will
depend on the amount needed to
achieve RFP or attainment for the area.
Because of the complexity of the
measures, 30 months to implement one
or all or these measures is reasonable,
and is the time frame specified in the
consent order and agreement.
TABLE 6—CONTINGENCY MEASURES AND RELATED EMISSIONS REDUCTIONS
PM2.5 2014
inventory value
(tons/year)
Process
PM2.5
contingency
value (tons/year)
PM2.5 reduction
(inventory—
contingency)
value (tons/year)
274.8
17.5
2.4
102.5
9.4
1.3
172.3
8.1
1.1
Total ..........................................................................................................................
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New Low Emissions Tower for Batteries 1–3 .................................................................
Battery 20—Rebuilds, Combustion Stack .......................................................................
Battery 20—Rebuilds, Door Leaks ..................................................................................
294.7
113.2
181.5
Areas with an attainment date of
April 2015 are required to provide
contingency measures for 2009, 2012,
and 2015. Due to the shutdown of
Batteries 7–9 at the U.S. Steel Clairton
Plant in April 2009, reductions required
for RFP in 2009 have already been
achieved. This shutdown provides for
excess reductions above and beyond
reductions that would otherwise be
required during 2009, and the excess
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reductions are sufficient to provide for
RFP for 2012 and 2015.
The plan does not calculate the
emissions reductions that are equivalent
to one year’s worth of RFP for NOX and
SO2 in the Liberty-Clairton Area. As
explained in section A.3, due to the
uniqueness of this nonattainment area
and the primary emission sources
contributing to nonattainment of the
standard, there is substantial
information supporting a finding that
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controlling direct PM2.5 emissions in the
Liberty-Clairton Area will provide for
attainment of the standard as
expeditiously as practicable, and local
reductions of NOX or SO2 will not
significantly contribute to attainment of
the standard. As also explained in
section A.3, it is more appropriate to
ensure that a control strategy for these
pollutants be implemented regionally in
the larger Pittsburgh Area.
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Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules
B. MVEBs for Transportation
Conformity
CAA section 176(c) requires federal
actions in nonattainment and
maintenance areas to conform to the
goals of SIPs. This means that such
actions will not: (1) Cause or contribute
to violations of a NAAQS; (2) worsen
the severity of an existing violation; or
(3) delay timely attainment of any
NAAQS or any interim milestone.
Actions involving Federal Highway
Administration (FHWA) or Federal
Transit Administration (FTA) funding,
or approval, are subject to the EPA’s
transportation conformity rule, codified
at 40 CFR part 93, subpart A. Under this
rule, Metropolitan Planning
Organizations (MPOs) in nonattainment
and maintenance areas coordinate with
state and local air quality and
transportation agencies, EPA, FHWA,
and FTA to demonstrate that an area’s
regional transportation plans (RTPs) and
transportation improvement programs
(TIPs) conform to the applicable SIPs.
This is typically determined by showing
that estimated emissions from existing
and planned highway and transit
systems are less than or equal to the
motor vehicle emissions budgets
(MVEBs or budgets) contained in the
SIP.
An MPO must use budgets in a
submitted but not yet approved SIP,
after EPA has determined that the
budgets are adequate. Budgets in
submitted SIPs may not be used before
they are found adequate or are
approved. In order for us to find a
budget adequate, the submittal must
meet the conformity adequacy
requirements of 40 CFR 93.118(e)(4) and
(5). Additionally, motor vehicle
emissions budgets cannot be approved
until EPA completes a detailed review
of the entire SIP and determines that the
SIP and the budgets will achieve their
intended purpose (i.e., RFP, attainment
or maintenance). The budget must also
reflect all of the motor vehicle control
measures contained in the attainment
and RFP demonstrations. See, 40 CFR
93.118(e)(4)(v).
Direct PM2.5 SIP MVEBs should
include PM2.5 motor vehicle emissions
68709
from tailpipes, brake wear, and tire
wear. States must also consider whether
re-entrained paved and unpaved road
dust or highway and transit
construction dust are significant
contributors and should be included in
the direct PM2.5 budget. See, 40 CFR
93.102(b) and 93.122(f) and the
conformity rule preamble at 69 FR
40004, 40031–40036 (July 1, 2004). The
applicability of emission trading
between conformity budgets for
conformity purposes is described in 40
CFR 93.124(c).
The SIP submittal includes MVEBs for
direct PM2.5 and NOX for 2009, 2011,
and 2012. The direct PM budgets did
not include road dust emissions from
paved and unpaved roads, or
construction related fugitive dust
emissions, due to the extremely small
area that the Liberty-Clairton Area
encompasses. The daily and annual
MVEBs for the Liberty-Clairton Area are
shown in Table 7 and Table 8,
respectively.
TABLE 7—THE MVEBS FOR THE LIBERTY-CLAIRTON AREA FOR THE 1997 PM2.5 24-HOUR NAAQS ATTAINMENT
DEMONSTRATION
Plan submittal
MVEBs for
direct PM
Year
Attainment Plan Demonstration—Daily Standards (Tons/Day) .......................................
Attainment Plan Demonstration—Daily Standards (Tons/Day) .......................................
Attainment Plan Demonstration—Daily Standards (Tons/Day) .......................................
2009
2011
2012
MVEBs for NOX
0.0004
0.0004
0.0004
0.180
0.146
0.129
TABLE 8—THE MVEBS OF THE LIBERTY-CLAIRTON AREA FOR THE 1997 PM2.5 ANNUAL NAAQS ATTAINMENT
DEMONSTRATION
Plan submittal
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Attainment Plan Demonstration—Annual Standards (Tons/Year) ..................................
Attainment Plan Demonstration—Annual Standards (Tons/Year) ..................................
Attainment Plan Demonstration—Annual Standards (Tons/Year) ..................................
EPA has evaluated the adequacy of
the MVEBs in the attainment
demonstration for the Liberty-Clairton
Area, using the evaluation criteria
detailed in the Transportation
Conformity Rule as part of our review of
the budgets’ approvability. The details
of this review may be found in Section
II of the MVEBs TSD, available in the
Docket for this rulemaking. The MVEBs
for the Liberty-Clairton 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
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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 LibertyClairton Area MVEBs will also be
announced on EPA’s conformity Web
site: https://www.epa.gov/otaq/
stateresources/transconf/index.htm,
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MVEBs for
direct PM
Year
Frm 00050
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Sfmt 4702
2009
2011
2012
MVEBs for NOX
1.5
1.4
1.3
72.7
58.9
52.4
(once there, click on ‘‘Adequacy Review
of SIP Submissions’’).
IV. Proposed Actions
EPA is proposing to approve, with
one condition, Pennsylvania’s June 17,
2011 SIP revision submitted to EPA for
the purpose of demonstrating
attainment of the 1997 PM2.5 NAAQS for
the Liberty-Clairton Area. EPA proposes
to determine that the attainment date for
the 1997 PM2.5 NAAQS in the LibertyClairton Area is April 5, 2015, and
proposes to fully approve the attainment
demonstration for the Liberty-Clairton
Area that includes the base year and
projected year emissions inventories,
RFP plan, RACM/RACT analysis,
contingency measures, and the MVEB.
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Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules
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EPA is proposing to conditionally
approve the air quality modeling
submitted to demonstrate attainment of
the 1997 PM2.5 NAAQS. In order for
EPA to fully approve the modeling
analysis, ACHD must revise the
modeling to ensure that the modeling
results in the demonstration continue to
be valid, considering the reductions
from CSAPR that will replace CAIR in
2012, and PADEP must submit the
revised modeling as a SIP revision to
EPA within one year from the final
conditional approval, after which EPA
will conduct rulemaking to fully
approve the revision. EPA is also
proposing to approve the addition of the
definition of PM2.5, the 1997 annual
PM2.5 standard of 15 mg/m3, the 24-hour
standard of 35 mg/m3, and the related
references into the ACHD regulations.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
V. 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);
• 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);
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• 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 approval of
the Liberty-Clairton 1997 PM2.5
attainment demonstration SIP and
proposed conditional approval of the
modeling portion of the attainment
demonstration 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, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 31, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–28765 Filed 11–4–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 226
RIN 0648–BA81
Endangered and Threatened Wildlife
and Plants; Proposed Rulemaking To
Revise Critical Habitat for Hawaiian
Monk Seals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; reopening of
public comment period.
AGENCY:
We, National Marine
Fisheries Service (NMFS), published a
proposed rule in the Federal Register on
June 2, 2011, proposing to revise critical
habitat for the Hawaiian monk seal
SUMMARY:
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Sfmt 4702
under the Endangered Species Act and
requesting information related to the
proposed action. As part of that
proposal, we provided a 90-day
comment period, ending August 31,
2011. We have received requests for an
extension of the public comment period.
In response to these requests, NMFS is
reopening the public comment period
for the proposed action.
DATES: The comment period for the
proposed rule published June 2, 2011, at
76 FR 32026, is reopened. Written
comments on this proposed rule must
be received by January 6, 2012.
Comments received between the close of
the first comment period on August 31,
2011, and the reopening of the comment
period November 7, 2011 will be
considered timely received.
ADDRESSES: You may submit written
comments on the proposed rule
identified by 0648–BA81 by any one of
the following methods:
• Electronic Submissions: Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or hand-delivery: Submit
written comments to Regulatory Branch
Chief, Protected Resources Division,
National Marine Fisheries Service,
Pacific Islands Regional Office, 1601
Kapiolani Blvd., Suite 1110, Honolulu,
HI 96814, Attn.: Hawaiian monk seal
proposed critical habitat.
Instructions: Comments must be
submitted to one of these two addresses
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent to any other
address or individual, or received after
the end of the comment period, may not
be considered. All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information
(e.g., name, address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information. We will accept anonymous
comments (enter ‘‘NA’’ in the required
fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only. The petition, 90day finding, 12-month finding, draft
biological report, draft economic
analysis report, draft ESA 4(b)(2) report,
and other reference materials regarding
this determination can be downloaded
via the NMFS Pacific Islands Regional
Office Web site: https://
www.fpir.noaa.gov/PRD/
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07NOP1
Agencies
[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Proposed Rules]
[Pages 68699-68710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28765]
[[Page 68699]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0854; FRL-9488-1]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Adoption of the Liberty-Clairton Nonattainment Area 1997
Fine Particulate Matter National Ambient Air Quality Standard
Attainment Demonstration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve, with one condition, State
Implementation Plan (SIP) revisions submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on June 17, 2011. These
revisions include the 1997 fine particulate matter (PM2.5)
National Ambient Air Quality Standard (NAAQS) attainment plan for the
Liberty-Clairton nonattainment area (Liberty-Clairton Area) including a
request for EPA to make a determination that the appropriate attainment
deadline for this nonattainment area is April 5, 2015. EPA is proposing
to approve the attainment plan for the Liberty-Clairton Area that
includes the emissions inventories, the reasonably available control
measures/reasonably available control technology (RACM/RACT),
reasonable further progress (RFP), and contingency measures portions of
the attainment demonstration, and the transportation conformity motor
vehicle emissions budgets (MVEBs) that demonstrate attainment of the
1997 PM2.5 NAAQS. EPA is proposing to conditionally approve
the air quality modeling submitted to demonstrate attainment of the
1997 PM2.5 NAAQS. In order for EPA to fully approve the
modeling analysis, PADEP must update the modeling to ensure that the
modeling results in the demonstration continue to be valid, considering
the reductions from the Cross State Air Pollution Rule (CSAPR) rule
that will replace the Clean Air Interstate Rule (CAIR) in 2012, and
must submit the revised modeling to EPA within one year after the final
conditional approval. EPA is also proposing to determine that the
attainment date for the Liberty-Clairton Area is April 5, 2015.
These revisions also add the definition of PM2.5, the
1997 annual PM2.5 NAAQS of 15 micrograms per cubic meter
([micro]g/m\3\), the 2006 24-hour NAAQS of 35 [micro]g/m\3\ and the
related references to the list of criteria pollutant standards in the
Allegheny County Department of Health (ACHD) regulations. EPA is
proposing to approve the addition of the definition of PM2.5
and inclusion of the 1997 annual and 2006 24-hour PM2.5
NAAQS into the ACHD regulations. These actions are being taken under
the Clean Air Act (CAA).
DATES: Written comments must be received on or before December 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0854 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0854, Cristina Fernandez, Associate
Director, Office of Air Planning, 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 Dockets 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-
2011-0854. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://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 https://www.regulations.gov or email. The https://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 https://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
https://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, 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 https://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 and the Allegheny
County Health Department, Bureau of Environmental Quality, Division of
Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis at (215) 814-2037 or
by email at lewis.jacqueline@epa.gov, or Marilyn Powers at (215) 814-
2308, or by email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION: On June 17, 2011, PADEP submitted a revision
to the Allegheny County portion of the Pennsylvania SIP. The SIP
revision includes an attainment demonstration and base-year inventory
for the Liberty-Clairton Area developed by ACHD, which includes an
analysis of RACM/RACT, RFP, contingency measures to be implemented if
violations occur after attainment or if RFP requirements are not met,
and MVEBs for purposes of transportation conformity. In addition, the
SIP submittal includes amendments to Allegheny County regulations that
adopt the air quality standards and associated definitions necessary to
implement the 1997 and 2006 PM2.5 NAAQS. Throughout this
document, whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What action is EPA proposing to take?
II. What is the background for EPA's proposed actions?
III. What is EPA's analysis of the Liberty-Clairton attainment plan
SIP revision?
A. Attainment Demonstration
1. Pollutants Addressed
2. Emission Inventories
[[Page 68700]]
3. Control Strategy
4. RACM/RACT
5. Modeling
6. Determination of the Attainment Date
7. RFP
B. MVEBs for Transportation Conformity
IV. Proposed Actions
V. Statutory and Executive Order Reviews
I. What action is EPA proposing to take?
EPA is proposing to approve, with one exception, Pennsylvania's SIP
revisions submitted to EPA on June 17, 2011 for the purpose of
demonstrating attainment of the 1997 PM2.5 NAAQS for the
Liberty-Clairton Area. EPA proposes to fully approve the attainment
demonstration for the Liberty-Clairton Area that includes the base year
emissions inventories, RACM/RACT analysis, RFP plan, contingency
measures, and MVEBs that meet the applicable requirements of the CAA
and the PM2.5 Implementation Rule in 40 CFR part 41, subpart
Z. EPA proposes to conditionally approve the air quality modeling
analysis portion of the attainment demonstration because the analysis
relies on reductions from the CAIR, which was remanded and will be
replaced by CSAPR in 2012. EPA proposes to determine that the
attainment date for the 1997 PM2.5 NAAQS in the Liberty-
Clairton Area is April 5, 2015.
EPA is also proposing to approve amendments to ACHD regulations
that add the definition of PM2.5 and the level of the 1997
annual and 2006 24-hour PM2.5 NAAQS. Specifically, EPA
proposes to approve the addition of the 1997 annual PM2.5
standard of 15 [micro]g/m\3\, the 2006 24-hour PM2.5
standard of 35 [micro]g/m\3\, the related references to the list of
standards in ACHD Article XXI Section 2101.10, and the new definition
of PM2.5 to ACHD Article XXI Section 2101.20.
II. What is the background for EPA's proposed actions?
On July 18, 1997 (62 FR 36852), EPA established new NAAQS for
PM2.5, particulate matter with a diameter of 2.5 microns or
less, including an annual standard of 15.0 [micro]g/m\3\ based on a
three year average of annual mean PM2.5 concentrations and a
24-hour (daily) standard of 65 [micro]g/m\3\ based on a three year
average of the 98th percentile of 24-hour concentrations. See, 40 CFR
50.7. EPA established these standards after considering substantial
evidence from numerous health studies demonstrating that serious health
effects are associated with exposures to PM2.5
concentrations above the levels of these standards.
Epidemiological studies have shown statistically significant
correlations between elevated PM2.5 levels and premature
mortality. Other important health effects associated with
PM2.5 exposure include aggravation of respiratory and
cardiovascular disease (as indicated by increased hospital admissions,
emergency room visits, absences from school or work, and restricted
activity days), changes in lung function and increased respiratory
symptoms, as well as new evidence for more subtle indicators of
cardiovascular health. Individuals particularly sensitive to
PM2.5 exposure include older adults, people with heart and
lung disease, and children. See, EPA, Air Quality Criteria for
Particulate Matter, No. EPA/600/P-99/002aF and EPA/600/P-99/002bF,
October 2004. PM2.5 can be emitted directly into the
atmosphere as a solid or liquid particle (primary PM2.5 or
direct PM2.5) or can be formed in the atmosphere as a result
of various chemical reactions from precursor emissions of nitrogen
oxides (NOx), sulfur oxides (SO2), volatile
organic compounds (VOC), and ammonia (NH3). (72 FR 20586,
20589, April 25, 2007).
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA section 107(d) to designate areas throughout the nation as
attaining or not attaining the NAAQS. On January 5, 2005 (70 FR 944),
EPA published initial air quality designations for the 1997
PM2.5 NAAQS, using air quality monitoring data for the
three-year periods of 2001-2003 or 2002-2004. These designations became
effective on April 5, 2005. On November 13, 2009 (74 FR 58688), EPA
revised the existing designation tables in part 81 to clarify that the
1997 designations were for both the annual PM2.5 NAAQS and
the 24-hour PM2.5 NAAQS.
On October 17, 2006 (71 FR 61144), EPA strengthened the 24-hour
PM2.5 NAAQS by lowering the level to 35 [micro]g/m\3\. At
the same time, it retained the level of the annual PM2.5
standard at 15.0 g/m\3\. On November 13, 2009 (74 FR 58688), EPA
designated areas, including the Liberty-Clairton Area, with respect to
the revised 24-hour NAAQS. Pennsylvania is now required to submit an
attainment plan for the 24-hour standard no later than three years
after the effective date of the designation, that is, no later than
December 14, 2012. In this notice, all references to the
PM2.5 NAAQS are to the 1997 24-hour PM2.5
standard of 65 [micro]g/m\3\ and annual standard of 15 [micro]g/m\3\,
as codified in 40 CFR 50.7.
EPA designated the Liberty-Clairton Area nonattainment for both the
1997 annual and 24-hour PM2.5 standards. See, 40 CFR 81.305.
The Liberty-Clairton Area is located within the Pittsburgh Beaver
Valley Area, as a separate nonattainment area. The Liberty-Clairton
Area was designated as a separate distinctively local-source impacted
nonattainment area because the combination of emissions from the local
sources in a narrow river valley creates a local air quality problem
uniquely different from the remainder of the Pittsburgh-Beaver Valley
Area. The Liberty-Clairton Area is home to 25,000 people about 1% the
population of the Pittsburgh Metropolitan Statistical Area (MSA) and
includes the boroughs of Glassport, Liberty, Lincoln, Port Vue, and the
City of Clairton.
EPA is implementing the 1997 PM2.5 NAAQS under Title 1,
Part D, subpart 1 of the CAA, which includes section 172,
``Nonattainment plan provisions.'' Section 172(a)(2) requires that a
PM2.5 nonattainment area attain the NAAQS ``as expeditiously
as practicable,'' but no later than five years from the date of the
area's designation as nonattainment. This section also allows EPA to
grant up to a five-year extension of an area's attainment date based on
the severity of the area's nonattainment and the availability and
feasibility of controls. EPA designated the Liberty-Clairton Area as
nonattainment for the 1997 PM2.5 NAAQS effective April 5,
2005, and thus the applicable attainment date is either: (a) No later
than April 5, 2010, or (b) no later than April 5, 2015 if EPA grant a
full five-year extension. Section 172(c) contains the general statutory
planning requirements applicable to all nonattainment areas, including
the requirements for emissions inventories, RACM/RACT, attainment
demonstrations, RFP demonstrations, and contingency measures.
On April 25, 2007, EPA issued the Clean Air Fine Particle
Implementation Rule for the 1997 PM2.5 NAAQS. See, 72 FR
20586, codified at 40 CFR part 51, subpart Z (PM2.5
Implementation Rule). The PM2.5 Implementation Rule and its
preamble address the statutory planning requirements for emissions
inventories, RACM/RACT, attainment demonstrations including air quality
modeling requirements, RFP demonstrations, and contingency measures.
This rule also addresses other matters such as which PM2.5
precursors must be addressed by the state in its attainment SIP and
applicable attainment dates.\1\ We discuss each of
[[Page 68701]]
these CAA and regulatory requirements for PM2.5 attainment
plan in more detail below.
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\1\ In June 2007, a petition to the EPA Administrator was filed
on behalf of several public health and environmental groups
requesting reconsideration of four provisions in the
PM2.5 Implementation Rule. See Earthjustice, Petition for
Reconsideration, ``In the Matter of Final Clean Air Fine Particle
Implementation Rule,'' June 25, 2007. These provisions are (1) the
presumption that compliance with the Clean Air Interstate Rule
satisfies the NOX and SO2 RACT requirements
for electric generating units; (2) the deferral of the requirement
to establish emission limits for condensable particulate matter
(CPM) until January 1, 2011; (3) revisions to the criteria for
analyzing the economic feasibility of RACT; and (4) the use of out-
of-area emissions reductions to demonstrate RFP. These provisions
are found in the PM2.5 Implementation Rule and preamble
at 72 FR 20586 at 20623-20628, 40 CFR section 51.1002(c), 72 FR
20586, 20619-20620 and 20636, respectively. On May 13, 2010, EPA
granted the petition with respect to the fourth issue. Letter, Gina
McCarthy, EPA, to David Baron and Paul Cort, Earthjustice, May 13,
2010. On April 25, 2011, EPA granted the petition with respect to
the first and third issues but denied the petition with respect to
the second issue given that the deferral period for CPM emissions
limits had already ended. Letter, Lisa P. Jackson, EPA, to Paul
Cort, Earthjustice, April 25, 2011. EPA intends to publish a Federal
Register notice that will announce the granting of the latter
petition with respect to certain issues and to initiate a notice and
comment process to consider proposed changes to the 2007
PM2.5 Implementation Rule.
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III. What is EPA's analysis of the Liberty-Clairton Attainment Plan SIP
Revision?
A. Attainment Demonstration
CAA section 172 requires a state to submit a plan for each of its
nonattainment areas that demonstrates attainment of the applicable
ambient air quality standard as expeditiously as practicable, but no
later than the specified attainment date. Under the PM2.5
Implementation Rule, this demonstration should consist of four parts:
1. Technical analyses that locate, identify, and quantify sources
of emissions that are contributing to violations of the
PM2.5 NAAQS;
2. Analyses of future year emissions reductions and air quality
improvement resulting from already-adopted national, state, and local
programs and from potential new state and local measures to meet the
RACM/RACT and RFP requirements in the area;
3. Adopted emissions reduction measures with schedules for
implementation; and
4. Contingency measures required under section 172(c)(9) of the
CAA. See, 40 CFR 51.1007 and 72 FR 20586 at 20605.
1. Pollutants Addressed
EPA recognizes NOX, SO2, VOC, and
NH3 as the main precursor gases associated with the
formation of secondary PM2.5 in the ambient air. These gas-
phase PM2.5 precursors undergo chemical reactions in the
atmosphere to form secondary particulate matter. Formation of secondary
PM2.5 depends on numerous factors including the
concentrations of precursors; the concentrations of other gaseous
reactive species; atmospheric conditions including solar radiation,
temperature, and relative humidity; and the interactions of precursors
with preexisting particles and with cloud or fog droplets. See, 72 FR
20586 at 20589.
As discussed previously, a state must submit emissions inventories
for each of the four PM2.5 precursor pollutants. See, 72 FR
20586 at 20589 and 40 CFR 51.1008(a)(1). However, the overall
contribution of different precursors to PM2.5 formation and
the effectiveness of alternative potential control measures will vary
by area. Thus, the precursors that a state should regulate to attain
the PM2.5 NAAQS can also vary to some extent from area to
area. See, 72 FR 20586 at 20589. In the PM2.5 Implementation
Rule, EPA did not require that all potential PM2.5
precursors must be controlled in each specific nonattainment area. See,
72 FR 20586 at 20589. Instead, for reasons explained in the rule's
preamble, a state must evaluate control measures for sources of
SO2 in addition to sources of direct PM2.5 in all
nonattainment areas. See, 40 CFR 51.1002(c) and (c)(1). A state must
also evaluate control measures for sources of NOX unless the
state and/or EPA determine that control of NOX emissions
would not significantly reduce PM2.5 concentrations in the
specific nonattainment area. See, 40 CFR 51.1002(c)(2). In contrast,
EPA has determined in the PM2.5 Implementation Rule that a
state does not need to address controls for sources of VOC and
NH3 unless the state and/or EPA make a technical
demonstration that such controls would significantly contribute to
reducing PM2.5 concentrations in the specific nonattainment
area at issue. See, 40 CFR 51.1002(c)(3) and (4). Such a demonstration
is required ``if the administrative record related to development of
its SIP shows that the presumption is not technically justified for
that area.'' See, 40 CFR 51.1002(c)(5). ``Significantly contributes''
in this context means that a significant reduction in emissions of the
precursor from sources in the area would be projected to provide a
significant reduction in PM2.5 concentrations in the area.
See, 72 FR 20586 at 20590. Although EPA did not establish a
quantitative test for determining what constitutes a significant
change, EPA noted that even relatively small reductions in
PM2.5 levels are estimated to result in worthwhile public
health benefits.
EPA further explained that a technical demonstration to reverse the
presumption for NOX, VOC, or NH3 in any area
could consider the emissions inventory, speciation data, modeling
information, or other special studies such as monitoring of additional
compounds, receptor modeling, or special monitoring studies. See, 72 FR
20586 at 20596-20597. These factors could indicate that the emissions
or ambient concentration contributions of a precursor, or the
sensitivity of ambient concentrations to changes in precursor
emissions, differs for a specific nonattainment area from the
presumption EPA established for that precursor in the PM2.5
Implementation Rule.
ACHD submitted 2002 baseline inventories for each of the four
precursor emissions and for direct PM2.5 emissions within
the Liberty-Clairton Area. Its submission did not specifically discuss
the presumptions in the PM2.5 Implementation Rule, however
its discussion of the emissions inventory and control strategy
implicitly showed that ACHD did not reverse the presumptions for
NOX, VOC or NH3. Therefore, evaluation of control
measures for VOC and/or NH3 was not considered, while
NOX was considered, and, in accordance with policies
described in the PM2.5 Implementation Rule, the Liberty-
Clairton Area PM2.5 attainment demonstration evaluated
emissions of direct PM2.5, SO2, and
NOX.
2. Emissions Inventories
CAA section 172(c)(3) requires a state to submit a plan provision
that includes a ``comprehensive, accurate, current inventory of actual
emissions from all sources of the relevant pollutant.'' The
PM2.5 Implementation Rule requires a state to include direct
PM2.5 emissions and emissions of all PM2.5
precursors in this inventory, even if it has determined that control of
any of these precursors is not necessary for expeditious attainment.
See, 40 CFR 51.1008(a)(1) and 72 FR 20586 at 20648. Direct
PM2.5 includes condensable particulate matter. See, 40 CFR
51.1000. The PM2.5 precursors are NOX,
SO2, VOC, and NH3. The inventories should meet
the data reporting requirements of EPA's Air Emissions Reporting
Requirements (AERR) (71 FR 69, January 3, 2006) and include any
additional inventory information needed to support the SIP's attainment
demonstration and RFP demonstration. See, 40 CFR 51.1008(a)(1) and (2).
Baseline emissions inventories are required for the attainment
demonstration and for meeting RFP requirements. As
[[Page 68702]]
determined on the date of designation, the base year for these
inventories should be the most recent calendar year for which a
complete inventory was required to be submitted to EPA. The emissions
inventory for calendar year 2002 or other suitable year should be used
for attainment planning and RFP plans for areas initially designated
nonattainment for the PM2.5 NAAQS in 2005. See, 40 CFR
51.1008(b). EPA has provided additional guidance for PM2.5
emissions inventories in the ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze
Regulations,'' November 2005 (EPA-454/R-05-001).
The base year and future year baseline planning inventories for
direct PM2.5 and all PM2.5 precursors for the
Liberty-Clairton Area were included as part of this submittal. The base
year used for the Liberty-Clairton Area SIP was 2002. ACHD developed a
point source inventory comprised of emissions for five facilities in
the nonattainment area, which included two major sources, two synthetic
minor sources, and one minor source. ACHD then made corrections to the
point source inventory for these sources to include the addition of
condensable PM emissions.
For the 2002 area sources, ACHD provided an inventory that
contained estimations of emissions by multiplying an emission factor by
some known indicator or activity level for each category at the county
level. These estimates were apportioned to the Liberty-Clairton Area
based on population counts.
The 2002 Nonroad Mobile Sources emissions inventory was prepared
with EPA's NONROAD2005 model. This model estimates fuel consumption and
emissions of total hydrocarbons, carbon monoxide, NOX,
SO2, and PM for all nonroad mobile source categories except
aircraft, locomotives, and commercial marine vessels. The National
Mobile Inventory Model was used to estimate emissions of NH3
from sources contained in the NONROAD model. The 2002 Onroad Mobile
Sources emissions inventory was prepared using EPA's highway mobile
source emissions model MOBILE 6.2.
Table 1 below shows the Liberty-Clairton Area emissions inventory
summary for direct PM2.5 and PM2.5 precursors for
the 2002 base year. These emissions represent emissions from sources
only within the five-municipality Liberty-Clairton Area, not the larger
modeled area.
Table 1--Baseline 2002 Emissions
[Tons/year]
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Liberty-Clairton area (2002) PM2.5 SO2 NOX VOC NH3
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Stationary Point Sources....................... 2201.438 1358.522 5786.190 432.735 299.714
Area Sources................................... 36.506 81.962 80.176 336.467 7.416
Nonroad Sources................................ 23.005 16.170 227.673 119.244 0.078
Mobile Sources................................. 4.918 12.077 283.422 200.841 13.867
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Totals..................................... 2265.867 1468.731 6377.461 1089.287 321.075
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Table 2 below shows the Liberty-Clairton Area emissions inventory
summary for direct PM2.5 and PM2.5 precursors for
the 2014 future projected year. Similar to the baseline inventory,
these emissions represent sources only within the five municipality
Liberty-Clairton Area.
Table 2--Future Projected 2014 Emissions
[Tons/year]
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Liberty-Clairton area (2014) PM2.5 SO2 NOX VOC NH3
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Stationary Point Sources....................... 1328.785 1459.146 5282.002 581.492 255.456
Area Sources................................... 35.464 86.464 86.239 307.013 8.176
Nonroad Sources................................ 21.500 3.034 169.006 83.335 0.093
Mobile Sources................................. 2.749 1.409 134.079 98.997 14.367
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Totals..................................... 1388.498 1550.053 5671.326 1070.837 278.092
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3. Control Strategy
To understand the PM2.5 problem in the Liberty-Clairton
Area, EPA believes it is helpful to explain the unique topographic and
meteorologic conditions in the area, as well as the geographic location
of this area. The approximately 12 square kilometer area is a subset of
Allegheny County, and is surrounded by the Pittsburgh-Beaver Valley
nonattainment area (Pittsburgh Area). The Liberty-Clairton Area was
designated a separate nonattainment area from the surrounding
Pittsburgh Area because, in addition to the regional air quality
problem, there is a localized air quality issue caused by local sources
and by specific geologic and meteorological features of the area. The
PM2.5 problem in the Liberty-Clairton Area is compounded by
the sharp difference in elevation between the industrial and
residential areas as well as large temperature differences between the
river valleys and the adjacent hilltops. The high hillsides of the two
rivers in the area create a significant river basin with spikes in
localized PM2.5 concentrations that coincide with
temperature inversions. Two of the eight monitors in the combined areas
are located within the Liberty-Clairton Area, one in Liberty Borough
(Liberty monitor) and one in the city of Clairton (Clairton monitor).
On many days the Liberty monitor has readings very similar to those
located in the Pittsburgh Area. However, when the regional
concentrations rise, the Liberty monitor rises higher than any other
site in the region, and after an inversion break, the monitor returns
to a level comparable to, and sometimes less than, the concentrations
measured at surrounding monitors in the Pittsburgh Area. The occurrence
and severity of these high readings at the Liberty monitor, caused by
local sources and
[[Page 68703]]
features, required that a control strategy for the Liberty-Clairton
Area be considered separate from, and in addition to, the control
strategy for the larger Pittsburgh Area.
Direct PM from local sources are at the heart of the
PM2.5 problem in this area, and the control strategy for
attainment within the nonattainment area is to reduce emissions of
direct PM2.5. Other than regional reductions of
NOX and SO2 within the surrounding Pittsburgh
Area, no additional local reductions for these pollutants are necessary
for the Liberty-Clairton Area to attain the NAAQS by the attainment
date. The monitored NOX and SO2 within the
Liberty-Clairton Area are representative of the monitored
concentrations of these precursors in the larger Pittsburgh Area. The
small geographic size of the Liberty-Clairton Area is such that there
is insufficient residence time for a local conversion of NOX
and SO2 to nitrates and sulfates. This is indicated by a
lack of sizable difference in the levels monitored at the Liberty
monitor with the levels monitored at the Lawrenceville monitor located
in Allegheny County, just north of Pittsburgh. Additionally, monitored
data shows consistent trends at the Liberty monitor for sulfates and
nitrates with those throughout the southwestern part of Pennsylvania,
with no outlying concentrations of NOX and SO2 at
the Liberty monitor. For the above reasons, EPA has determined that it
is not practical to rely on local NOX and SO2
reductions for purposes of ensuring that the Liberty-Clairton Area will
attain the PM2.5 NAAQS by the attainment date. While
NOX and SO2 reductions from within the
nonattainment area are not relied upon for the Liberty-Clairton Area to
attain the PM2.5 standard, EPA recognizes that addressing
the control strategy for NOX and SO2 in the
larger surrounding nonattainment area may result in collateral benefit
in the Liberty-Clairton Area; EPA will address control strategies for
NOX and SO2 in the surrounding nonattainment area
when EPA takes action on the Pittsburgh Area attainment demonstration
SIP.
With respect to control strategies for direct PM2.5,
ACHD has already required implementation of stringent control measures
for the largest sources of direct PM2.5 in the Liberty-
Clairton Area, so reducing direct PM2.5 further is
challenging. The majority of direct PM2.5 emissions
reductions that the ACHD projects are needed for PM2.5
attainment in the Liberty-Clairton Area by 2015 will come from a
combination of upgrades and shutdowns of batteries and quench towers at
the U.S. Steel Mon Valley Works Clairton (U.S. Steel) and Edgar Thomson
Plants in response to a number of previous visible emissions and
opacity violations. In accordance with a March 2008 consent order and
agreement between ACHD and U.S. Steel, several upgrades and shutdowns
have taken place or are required to take place, including:
a. Batteries 7, 8, and 9 were permanently shut down on April 16,
2009. The original date for shut down was December 31, 2012 in the
consent order and agreement. The new Battery C will replace the
production of Batteries 7, 8, and 9 at significantly lower emissions
due to newer and cleaner technology. This project reduces emissions of
direct PM2.5 by over 200 tons per year at a cost of $500
million.
b. 25 heating walls on Battery 19 will be replaced by October 31,
2012. The battery will meet its opacity limits by December 31, 2012,
including, as necessary, implementing an advanced patching plan.
In September 2010, ACHD and U.S. Steel amended the March 2008
consent order and agreement to include the construction of new low
emission quench towers for Batteries 13-15 and Batteries 19-20 by
December 31, 2013. The new quench towers 5A and 7A will be used as the
primary quench towers for Batteries 13-15 and Batteries 19-20,
respectively. The current quench towers 5 and 7 will serve as auxiliary
quench towers. The new quench towers 5A and 7A will reduce emissions of
direct PM2.5 by 593 tons per year.
Additional reductions are achieved by a June 2007 ACHD and U.S.
Steel consent decree to rebuild the B Battery heating walls, which was
to be completed by June 30, 2010, and replacement of 25 heating walls
on Battery 19 by October 2012 to meet opacity limits. Table 3 below
summarizes the reductions that are relied on in the Liberty-Clairton
Area PM2.5 attainment plan to demonstrate attainment by
April 5, 2015.
Table 3--Summary of Reductions Needed for the Liberty-Clairton Area PM2.5 Attainment Demonstration
[Tons per year]
----------------------------------------------------------------------------------------------------------------
Direct PM2.5 NOX SO2
----------------------------------------------------------------------------------------------------------------
A. 2002 emissions level......................................... 2,270.6 229,571.7 587,201.4
B. 2014 attainment target....................................... 1,392.6 108,565.5 132,598.7
C. Total reductions needed by 2014 (A minus B).................. 878.0 121,006.2 454,602.7
----------------------------------------------------------------------------------------------------------------
The majority of direct PM2.5 emissions reductions that
the State projects are needed for PM2.5 attainment in the
Liberty-Clairton Area by 2015 come from the combination of upgrades and
shutdowns of batteries and quenches towers at the U.S. Steel Mon Valley
Clairton Plant. ACHD included in this table the reductions of
PM2.5 precursor pollutants NOX and SO2
that are achieved by the regional programs that address transported
emissions. The NOX and SO2 projected reductions
shown in this table come from the CAIR regional trading program, and
are addressed in the regional modeling discussed below. The sources
from which these NOX and SO2 emission reductions
are achieved are located upwind of the Liberty-Clairton Area in the
Pittsburgh Area.
4. RACM/RACT
CAA section 172(c)(1) requires that each attainment plan ``provide
for the implementation of all reasonably available control measures as
expeditiously as practicable (including such reductions in emissions
from existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology),
and shall provide for attainment of the national primary ambient air
quality standards.'' EPA defines RACM as measures that a state finds
are both reasonably available and contribute to attainment as
expeditiously as practicable in its nonattainment area. Thus, what
constitutes RACM/RACT in a PM2.5 attainment plan is closely
tied to that plan's expeditious attainment demonstration. See, 40 CFR
51.1010 and 72 FR 20586 at 20612. States are required to evaluate RACM/
RACT for direct PM2.5 and all of its attainment plan
precursors. See, 40 CFR 51.1002(c).
Consistent with subpart 1 of Part D of the CAA, EPA is requiring a
combined approach to RACM and RACT for PM2.5 attainment
plans. Subpart 1, unlike
[[Page 68704]]
subparts 2 and 4, does not identify specific source categories for
which EPA must issue control technology documents or guidelines for
what constitutes RACT, 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. Because of the variable nature of the
PM2.5 problem in different nonattainment areas, EPA
determined not only that states should have flexibility with respect to
RACT and RACM controls, but also that in areas needing significant
emission reductions to attain the standards, RACT/RACM 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, RACT and RACM are those
reasonably available measures that contribute to attainment as
expeditiously as practicable in the specific nonattainment area. See,
40 CFR 51.1010 and 72 FR 20586 at 20612.
The PM2.5 Implementation Rule requires that attainment
plans include the list of measures a state considered and information
sufficient to show that the state met all requirements for the
determination of what constitutes RACM/RACT in its specific
nonattainment area. See, 40 CFR 51.1010. In addition, the 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. 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.
ACHD undertook a process to identify and evaluate potential
reasonably available control measures that could contribute to
expeditious attainment of the PM2.5 standard for the
Liberty-Clairton Area. These RACM/RACT analyses address control
measures for sources of direct PM2.5 only. The control
measures for sources of SO2 or NOX were not
addressed because, as explained earlier, the area is too small and
conditions are not appropriate for SO2 or NOX
from sources located within the nonattainment area to be able to
convert to PM2.5. ACHD's RACM/RACT analysis focused on
point, area and mobile source controls. To identify potential RACM/RACT
in the 12 square kilometer nonattainment area, ACDH's review of
potential measures from two major sources (U.S. Steel Clairton Plant
and Koppers Industries, Inc. Clairton Plant), and one minor source (Mid
Continent Coal and Coke Company) is summarized below.
For the U.S. Steel Clairton Plant, many alternatives were
considered for the coke batteries and quench towers. For the Coke
batteries, there were very few alternatives were available, since some
of the nation's strictest standards are already in place for this
facility. Of the alternatives considered, none were considered
technically feasible for integration into the process. For the quench
towers, among the many alternatives considered were short towers with
single baffles, wet low emission quench, coke stabilization quenching
process, and Kress indirect cooling system. However, they were all
found to be unacceptable due to the cost effectiveness, potential
magnitude and timing of emissions reductions and availability of space.
For the Koppers Industries Inc. Clairton Plant, alternatives were
considered for the tar refining process and the manufacturing of the
rod pitch. For both the tar refining process and manufacturing of the
rod pitch, the alternatives considered resulted in no additional
emissions reductions. For the Mid Continent Coal and Coke Company, the
total PM2.5 emissions are no more than five tons per year,
mostly resulting from unpaved roads. The emission reductions benefit
from the implementation of dust suppressants would produce only
insignificant emission reductions and would not advance the attainment
date by one year or more even if combined with other control measures.
After completing its RACM/RACT analysis for stationary, area and mobile
sources of direct PM2.5, ACHD concluded that no additional
reasonable controls are available that would advance the attainment
date by one year.
Based on our review of potential RACM/RACT in the Liberty-Clairton
Area PM2.5 attainment plan, we agree that there are no
additional reasonably available control measures that individually, or
collectively, would advance attainment of the 1997 PM2.5
NAAQS in the Liberty-Clairton nonattainment area by one year or more,
and propose to approve the RACM/RACT determination submitted by PADEP.
5. Modeling
The PM2.5 Implementation Rule requires states to submit
an attainment demonstration based on modeling results. Specifically, 40
CFR 51.1007(a) states that for any area designated as nonattainment for
the PM2.5 NAAQS, the state must submit an attainment
demonstration showing that the area will attain the annual and 24-hour
standards as expeditiously as practicable. The demonstration must meet
the requirements of 40 CFR part 51 and appendix W of this part and must
include inventory data, modeling results, and emission reduction
analyses on which the state has based its projected attainment date.
The attainment date justified by the demonstration must be consistent
with the requirements of 40 CFR 51.1004(a). The modeled strategies must
be consistent with requirements in 40 CFR 51.1009 for RFP and in 40 CFR
51.1010 for RACT and RACM. The attainment demonstration and supporting
air quality modeling should be consistent with EPA's PM2.5
modeling guidance.\2\ See also, 72 FR 20586 at 20665.
---------------------------------------------------------------------------
\2\ EPA's modeling guidance can be found in ``Guideline on Air
Quality Models'' in 40 CFR part 51, appendix W and ``Guidance on the
Use of Models and Other Analyses for Demonstrating Attainment of Air
Quality Goals for the 8-Hour Ozone and PM2.5 NAAQS and
Regional Haze,'' EPA-454/B-07-002, April 2007.
---------------------------------------------------------------------------
Air quality modeling is used to establish emissions attainment
targets, the combination of emissions of PM2.5 and
PM2.5 precursors that the area can accommodate without
exceeding the NAAQS and to assess whether the proposed control strategy
will result in attainment of the NAAQS. Air quality modeling is
performed for a base year and compared to air quality monitoring data
in order to evaluate model performance. Once the performance is
determined to be acceptable, future year changes to the emissions
inventory are simulated to determine the relationship between emissions
reductions and changes in ambient air quality throughout the air basin.
The procedures for modeling PM2.5 as part of an
attainment SIP are contained in EPA's ``Guidance on the Use of Models
and Other Analyses for Demonstrating Attainment of Air Quality Goals
for the 8-Hour Ozone and PM2.5 NAAQS and Regional Haze.''
This guidance encourages states to take a nine-step approach when
preparing a modeling analysis to demonstrate attainment of the
PM2.5 NAAQS. The nine steps include formulation of a
conceptual description of the nonattainment problem, development of a
modeling protocol, use of an
[[Page 68705]]
appropriate model using appropriate meteorological episodes and a
modeling domain to establish initial and boundary conditions,
generation of meteorological and air quality inputs, generation of
emissions inputs, evaluation of the performance of the air quality
model, and performance of future year modeling that includes control
strategies, followed by application of the attainment test.
ACHD's conceptual description of its PM2.5 nonattainment
problem is provided in Appendix C (Modeling Protocol) of its attainment
SIP. The unique meteorologic and geologic features of the area was also
discussed briefly in section A.3 of this notice. Episodes of poor air
quality often occur within the Liberty-Clairton Area during periods of
strong nocturnal inversions. When this occurs, air dispersion is often
minimized, allowing emissions to ``build up'' within the river valleys,
and contributing to episodes of poor air quality that leads to high
PM2.5 design values. Many times, PM2.5
concentrations in the Liberty-Clairton Area are significantly higher
than concentrations in the nearby city of Pittsburgh. Using source
apportionment modeling for the Liberty and Lawrenceville monitors in
Allegheny County, ACHD's analysis found that the Liberty monitor's
PM2.5 concentrations are impacted by regional loading based
on similarities in both monitor's speciation data and that sources near
the Liberty monitor are responsible for the speciation differences
observed between the two monitors.
The Liberty-Clairton PM2.5 SIP utilized two components
in its attainment demonstration modeling: a regional photochemical grid
model and a local scale model with sufficient resolution to examine the
impacts of local emission sources. Model results were used in a
relative rather than an absolute sense. Following this methodology, the
ratio of the model's future to current (baseline) predictions at both
of the nonattainment area's PM2.5 monitors determines if the
controls in the Liberty-Clairton Area are likely to lead to attainment
with the 1997 p.m.2.5 NAAQS.
The regional modeling demonstration for the Liberty-Clairton Area
used the Community Multiscale Air Quality (CMAQ) model. The CMAQ
modeling was performed by the Bureau of Air Quality Analysis and
Research, New York State Department of Environmental Conservation (DEC)
using Mid-Atlantic/Northeast Visibility Union Regional Planning
Organization (MANE-VU) inventory with a base year of 2002. Regional
controls for SO2 and NOX in the MANE-VU inventory
were based on the CAIR. Local sources in the Liberty-Clairton Area
create steep gradients in PM2.5 concentrations than cannot
be adequately resolved by the CMAQ model, which uses grid cells that
are roughly 12 square kilometers--approximately the total area of the
Liberty-Clairton Area. Local scale meteorology is also not well
simulated by the CMAQ model due to steep topography within the Liberty-
Clairton Area that often contributes to strong temperature inversions
and complex flow patterns within the valleys. ACHD's analysis of its
PM2.5 monitors within Allegheny County showed significant
local impacts at the Liberty-Clairton Area. To better simulate the
local source impacts within the nonattainment area, ACHD used the
California PUFF (CALPUFF) air quality dispersion modeling system.
The CALPUFF modeling system uses CALMET, a diagnostic 3-dimensional
meteorological model, and CALPOST, a post processing program. The
CALPUFF model, which uses a much finer scale than the regional model,
was used to help better resolve local topographic features that
influence emission dispersion and address spatial relationships between
local sources and the monitors in the Liberty-Clairton Area. The
CALPUFF grid spacing for the 150 km regional source analysis domain was
one kilometer and 100 meters for the 20 kilometer local scale analysis
domain. The CALMET processor was used to recreate some of the more
complex atmospheric flows in the Liberty-Clairton Area.
The MANE-VU regional analysis used northeastern United States
emissions inventories for all source classifications. The year 2002 was
used for the baseline emissions inventory and 2014 for the projected
inventory for the Liberty-Clairton Area. Regional projections used on-
the-books/on-the-way (OTB/OTW) controls through the 2012 timeframe.
Since no additional projections were available at the time, and since
Liberty-Clairton controls focus on direct PM2.5 emissions,
the inventory was limited to direct PM2.5 emissions and was
developed from both the regional MANE-VU projections for 2012 for
precursors and non-point PM2.5 emissions in combination with
ACHD's local projections for 2014 for stationary point PM2.5
emissions. A more detailed inventory, limited to PM2.5, was
developed by the ACHD for the extended Liberty-Clairton Area as part of
its CALPUFF modeling analysis. This inventory was developed from both
the MANE-VU inventories and projections, which were based on CAIR,
along with ADCH's inventories for stationary point sources.
The monitored attainment test for PM2.5 utilizes both
PM2.5 and individual PM2.5 component species. The
attainment test for PM2.5 is the Speciated Modeled
Attainment Test (SMAT). In SMAT, a separate relative response factor
(RRF) is calculated for each PM2.5 component. These RRF
values are then multiplied by the base year concentrations for each
monitor within the nonattainment area to determine if an area is
projected to attain the NAAQS.
The Liberty-Clairton Area has two PM2.5 monitoring
sites, the Liberty monitor and the Clairton monitor. Speciation data
from the Liberty monitor was used for the Clairton monitor since this
site does not collect speciation data. Annual and 24-hour
PM2.5 concentrations for both the Liberty and Clairton
monitors were calculated from the quarterly base-year averaged monitor
concentrations and the RRFs calculated from THE CMAQ MODEL and CALPUFF
for each PM2.5 component. Results for the annual and 24-hour
PM2.5 NAAQS are summarized in Table 4 which shows that the
projected 2014 annual and 24-hour design values for the 1997
PM2.5 NAAQS.
Table 4--Modeled PM2.5 Design Values
----------------------------------------------------------------------------------------------------------------
Annual standard 24-Hour standard
Monitor -------------------------------------------------------------------------------
2014 Projected 1997 NAAQS 2014 Projected 1997 NAAQS
----------------------------------------------------------------------------------------------------------------
Liberty......................... 14.3 [mu]g/m\3\... 15.0 [mu]g/m\3\... 42 [mu]g/m\3\..... 65 [mu]g/m\3\.
Clairton........................ 11.8 [mu]g/m\3\... 15.0 [mu]g/m\3\... 27 [mu]g/m\3\..... 65 [mu]g/m\3\.
----------------------------------------------------------------------------------------------------------------
[[Page 68706]]
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 weight of evidence (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, or are 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 model. Therefore, EPA modeling
guidance provides for the consideration of 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 2014 attainment demonstration. ACHD provided a WOE demonstration
that consisted of an analysis of monitor trends, local and national
emission control programs, population trends and monitoring
concentrations during periods of low production. ACHD included a
summary of various local and regional emission control programs being
implemented in the Area, although some of these control measures may
extend beyond the Liberty-Clairton Area and therefore, may have a
lesser impact. Emission control programs used for WOE include
Pennsylvania's wood boiler regulation, a wood stove change out program
in southwest Pennsylvania, EPA's CSAPR as it was proposed, Allegheny
County's diesel fuel engine retrofit program, local and state anti-
idling campaigns and Allegheny County's program to reduce diesel
particulate emissions. The additional reductions from these programs
were used as further evidence supporting ACHD's conclusion that its SIP
modeling demonstrates compliance with the 1997 PM2.5 NAAQS.
Based on the technical information provided in the Liberty-Clairton
Area attainment demonstration SIP revision, EPA concludes that the
modeling and WOE analyses demonstrate attainment of the 1997
PM2.5 NAAQS by the attainment date proposed as part of this
notice (April 5, 2015). The demonstration shows that the Liberty-
Clairton Area will attain the 1997 annual PM2.5 NAAQS by
2015, which is as expeditiously as practical considering the area's
elevated 2002 base year design values of 21.4 [mu]g/m\3\ for the annual
NAAQS and 63 [mu]g/m\3\ for the 24-hour NAAQs at the Liberty monitor
and the reasonably available control measures discussed above. ACHD's
modeled 2014 design values for the Annual PM2.5 NAAQS and
the 24-Hour PM2.5 NAAQS are expected to be below 15.0 [mu]g/
m\3\ and 65 [mu]g/m\3\, respectively, indicating the nonattainment area
satisfies the CAA requirement that SIPs provide for attainment of the
NAAQS by the applicable attainment date.
However, because the regional CMAQ modeling relied upon EPA's CAIR
program, EPA is requiring ACHD to provide an additional analysis to
confirm model results, in light of EPA's promulgation of CSAPR on
August 8, 2011 (76 FR 48208), to replace the remanded CAIR rule. While
ACHD's SIP submittal predated EPA's promulgation of CSAPR, to ensure
that the modeling demonstration is still valid, ACHD must update the
analysis it included in section 13.3 of its attainment plan to include
CSAPR instead of CAIR, and review and update, if appropriate, its
modeling technical support document (TSD). To ensure that the analysis
in the June 17, 2011 submittal is valid during the implementation of
CSAPR, the results, with CSAPR, must show at least the same
concentrations that resulted from the modeling demonstration with CAIR.
EPA is, therefore, conditionally approving the modeling portion of the
Liberty-Clairton Area attainment demonstration SIP. Final approval of
the modeling demonstration portion of the SIP is contingent on ACHD's
reanalysis of the elements included in section 13.3 of its attainment
demonstration and the associated TSD to show that implementation of
CSAPR provides at least equivalent model concentrations in the Liberty-
Clairton Area as was shown in its June 17, 2011 submittal.
More detailed information about the modeling and our evaluation are
available in the modeling TSD available in the docket for this
rulemaking.
6. Determination of the Attainment Date
CAA Section 172(a)(2) provides that an area's attainment date
``shall be the date by which attainment can be achieved as
expeditiously as practicable, but no later than five years from the
date such area was designated nonattainment, except that the
Administrator may extend the attainment date to the extent the
Administrator determines appropriate, for a period no greater than 10
years from the date of designation as nonattainment considering the
severity of nonattainment and the availability and feasibility of
pollution control measures.'' Because the effective date of
designations for the 1997 PM2.5 NAAQS is April 5, 2005 (See
70 FR 944), the initial attainment date for PM2.5
nonattainment areas is as expeditiously as practicable, but not later
than April 5, 2010. For any area that is granted a full five-year
attainment date extension under CAA section 172, the attainment date
would be not later than April 5, 2015. Section 51.1004 of the
PM2.5 Implementation Rule addresses the attainment date
requirement. Section 51.1004(b) requires a state to submit an
attainment demonstration justifying its proposed attainment date and
provides that EPA will approve an attainment date when we approve that
demonstration.
States that request an extension of the attainment date under CAA
section 172(a)(2) must provide sufficient information to show that
attainment by April 5, 2010 is impracticable due to the severity of the
nonattainment problem in the area and the lack of available and
feasible control measures to provide for earlier attainment. See, 40
CFR 51.1004(b). States must also demonstrate that all RACM and RACT for
the area are being implemented to bring about attainment of the
standard by the most expeditious alternative date practicable for the
area. See, 72 FR 20586 at 20601.
In the course of evaluating whether the attainment date for the
Liberty-Clairton Area should be extended, EPA has considered several
factors. First, EPA has considered the technical basis supporting the
attainment demonstration, including whether the emissions inventories
and air quality modeling, are adequate. As discussed previously, EPA is
proposing to approve the emissions inventories and conditionally
approve the air quality modeling on which the Liberty-Clairton 1997
PM2.5 attainment demonstration and other provisions are
based. Second, EPA has considered whether the SIP submittal provides
for expeditious
[[Page 68707]]
attainment through the implementation of all RACM and RACT. As
discussed in section A.4, EPA is proposing to approve the RACM/RACT
demonstration in the Liberty-Clairton PM2.5 attainment
demonstration. Third, EPA has considered whether the emissions
reductions that are relied on for attainment are creditable. As
discussed in section A.3, the Liberty-Clairton Area attainment
demonstration relies on upgrades and shutdowns at the U.S. Steel Plant
for reductions of PM2.5, and regional reduction programs to
achieve NOX and SO2 reductions, that are needed
to attain the 1997 PM2.5 standards in the Liberty-Clairton
Area by April 5, 2015. Finally, EPA must determine whether the
attainment demonstration provides sufficient information to show that
attainment by April 5, 2010 is impracticable due to the severity of the
nonattainment problem in the area and the lack of available and
feasible control measures to provide for earlier attainment. See, 40
CFR 51.1004(b).
The Liberty-Clairton Area SIP submittal provides sufficient
information to show that attainment by April 5, 2010 is impracticable
due to the severity of the nonattainment problem in the area and the
lack of available and feasible control measures to provide for earlier
attainment. In particular, this submission includes sufficient modeling
data to support a finding that the attainment date for the Liberty-
Clairton Area should be April 5, 2015, and that the area qualifies for
the full five-year extension of the attainment date allowable under
section 172(a)(1). Furthermore, the SIP submittal provides for
expeditious implementation of the available control programs. The
implementation schedule for the controls is expeditious, while taking
into account the time necessary for purchase and installation of the
required control technologies.
Based upon the above considerations, EPA is proposing to determine
that a five-year extension of the attainment date is appropriate given
the severity of the nonattainment problem in the Liberty-Clairton Area,
and the unavailability and infeasibility of additional control measures
and, therefore, EPA is proposing to extend the attainment date in the
Liberty-Clairton Area to April 5, 2015.
7. RFP
CAA section 172(c)(2) requires that plans for nonattainment areas
shall provide for RFP. RFP is defined in section 171(1) as ``such
annual incremental reductions in emissions of the relevant air
pollutant as are required by this part or may reasonably be required by
the Administrator for the purpose of ensuring