Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Removal of Department of Environmental Protection Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area, 27901-27909 [2018-12703]
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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
environment. This rule involves a safety
zone lasting 2 hours that will prohibit
entry within 234 yards of a fireworks
barge in the Appomattox River near City
Point in Hopewell, VA. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
persons are required to comply with the
general regulations governing safety
zones of subpart C of this part.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the Captain of the Port, Hampton Roads
or his designated representatives. All
vessels within this safety zone at the
time it is implemented are to depart the
zone immediately.
(3) The Captain of the Port, Hampton
Roads or his representative can be
contacted at telephone number (757)
668–5555. The Coast Guard and
designated security vessels enforcing
the safety zone can be contacted on
VHF–FM marine band radio channel 13
(165.65 Mhz) and channel 16 (156.8
Mhz), or by visual or verbal hailing onscene.
(4) This section does not apply to
participants and vessels that are
engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
Dated: June 11, 2018.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. 2018–12863 Filed 6–14–18; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
40 CFR Part 52
2. Add § 165.T05–0330 to read as
follows:
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Removal of Department
of Environmental Protection Gasoline
Volatility Requirements for the
Pittsburgh-Beaver Valley Area
■
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§ 165.T05–0330 Safety Zone, Appomattox
River; Hopewell, VA.
(a) Definitions. The following
definitions apply to this section:
(1) Captain of the Port means the
Commander, Sector Hampton Roads.
(2) Representative means any Coast
Guard commissioned, warrant or petty
officer who has been authorized to act
on the behalf of the Captain of the Port.
(3) Participants mean individuals and
vessels involved in the fireworks
display.
(b) Location. The following area is a
safety zone: All navigable waters in the
vicinity of the Appomattox River at
confluence with the James River, within
a 234 yard radius of the fireworks
display barge in approximate position
37°18′52.20″ N, 077°17′12.52″ W (NAD
1983).
(c) Regulations. (1) Except as provided
in paragraph (c)(4) of this section, all
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[EPA–R03–OAR–2018–0277; FRL–9979–
44—Region 3]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Commonwealth of Pennsylvania state
implementation plan (SIP) submitted by
the Pennsylvania Department of
Environmental Protection (PADEP) on
May 2, 2018. This revision seeks the
removal, from the Pennsylvania SIP, of
the requirement limiting summertime
gasoline volatility to 7.8 pounds per
square inch (psi) Reid Vapor Pressure
(RVP) to address nonattainment under
the 1-hour ozone national ambient air
quality standard (NAAQS) in the
SUMMARY:
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27901
Pittsburgh-Beaver Valley ozone
nonattainment area (hereafter
Pittsburgh-Beaver Valley Area). The
submitted SIP revision also includes a
section 110(l) demonstration as required
by the Clean Air Act (CAA) addressing
emission impacts associated with the
removal of the program. EPA is
approving these revisions to the
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act
(CAA).
This rule is effective on August
14, 2018 without further notice, unless
EPA receives adverse written comment
by July 16, 2018. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0277 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by email
at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
to EPA. This supplementary information
section is arranged as follows:
DATES:
I. Background
A. Federal Gasoline Volatility Controls
Under the CAA
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B. State Gasoline Volatility Controls for the
Pittsburgh-Beaver Valley Area
II. What changes have been made to
Pennsylvania’s gasoline volatility
standards?
III. What is the historic reason for adoption
of gasoline volatility control and the
status of air quality in the PittsburghBeaver Valley Area?
A. The Status of the Pittsburgh-Beaver
Valley Area With Respect to the Ozone
NAAQS
B. The Status of the Pittsburgh-Beaver
Valley Area With Respect to the Fine
Particulate Matter NAAQS
IV. What is EPA’s analysis of the
Commonwealth’s submittal?
A. Pennsylvania’s Estimate of the Impacts
of Removing the 7.8 psi RVP
Requirement
B. Pennsylvania’s Substitution of
Alternative Emissions Reduction
Measures for the 7.8 psi Low-RVP
Gasoline Program
1. Pennsylvania’s Adhesives, Sealants,
Primers, and Solvents Rule
2. Shutdown of Guardian Industries
Jefferson Hills Facility
C. Comparison of Emissions Impacts of
Removal of the Commonwealth’s 7.8 psi
RVP Gasoline Program and the
Uncredited Emission Reductions From
Substitute Measures
V. Impacts on the Boutique Fuels List
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
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I. Background
A. Federal Gasoline Volatility Controls
Under the CAA
Under section 211(c) of the CAA, EPA
promulgated regulations on March 22,
1989 (54 FR 11868) that set maximum
federal limits for the RVP of gasoline
sold during the regulatory control
periods that were established on a stateby-state basis in the final rule. The
regulatory control periods applied
during the summer months when peak
ozone concentrations were expected.
These regulations constituted Phase I of
a two phase nationwide program, which
was designed to reduce the volatility of
commercial gasoline during the high
ozone season. Depending on the state
and month, gasoline RVP was not to
exceed 10.5 psi, 9.5 psi, or 9.0 psi.
Phase I was applicable to calendar years
1989 through 1991. On June 11, 1990
(55 FR 23658), EPA promulgated more
stringent volatility controls as Phase II
of the volatility control program. These
requirements established maximum
RVP standards of 9.0 psi or 7.8 psi
(depending on the state, the month, and
the area’s initial ozone attainment
designation with respect to the 1-hour
ozone NAAQS). Phase II is applicable to
1992 and subsequent years.
The 1990 amendments to the CAA
established a new section, 211(h), to
address fuel volatility. Section 211(h)(1)
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requires EPA to promulgate regulations
making it unlawful to sell, offer for sale,
dispense, supply, offer for supply,
transport, or introduce into commerce
gasoline with an RVP level in excess of
9.0 psi during the high ozone season.
Section 211(h)(2) prohibits EPA from
establishing a volatility standard more
stringent than 9.0 psi in an attainment
area, except that the Agency may
impose a lower (more stringent)
standard in any former ozone
nonattainment area redesignated to
attainment.
On December 12, 1991 (56 FR 64704),
EPA modified the Phase II volatility
regulations to make them consistent
with section 211(h). The modified
regulations prohibited the sale of
gasoline, beginning in 1992, with a RVP
above 9.0 psi in all areas designated
attainment for ozone. For areas
designated as nonattainment, the
regulations retained the original Phase II
standards published on June 11, 1990
(55 FR 23658), which included the 7.8
psi ozone season limitation for certain
areas.
Under these requirements, the
Commonwealth of Pennsylvania was
required to meet a 9.0 psi RVP standard
during the summer RVP control period,
with the exception of the Philadelphia
Area, which was at that time was
designated as severe ozone
nonattainment, and as such was subject
to more stringent gasoline requirements
of the reformulated gasoline program
established under CAA section 211(k).
B. State Gasoline Volatility Controls for
the Pittsburgh-Beaver Valley Area
On November 15, 1990, the CAA
amendments of 1990 were signed into
law. On November 6, 1991, EPA
designated and classified the PittsburghBeaver Valley Area as moderate
nonattainment for the 1979 1-hour
ozone NAAQS. As part of
Pennsylvania’s efforts to bring the
Pittsburgh-Beaver Valley Area into
attainment of the ozone standard, the
Commonwealth adopted and
implemented a range of ozone precursor
emissions control measures for the area,
including adoption of a state rule to
limit summertime gasoline volatility to
7.8 psi RVP. Pennsylvania’s RVP control
rule applies to the entire PittsburghBeaver Valley Area—Allegheny,
Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland
Counties.
PADEP promulgated this rule in the
November 1, 1997 Pennsylvania
Bulletin (27 Pa.B. 5601, effective
November 1, 1997), which is codified in
Subchapter C of Chapter 126 of the
Pennsylvania Code of Regulations (25
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Pa. Code Chapter 126, Subchapter C).
On April 17, 1998, Pennsylvania
submitted this state-adopted rule to EPA
as a formal revision to its approved SIP.
EPA published a final action approving
Pennsylvania’s RVP SIP revision in the
June 8, 1998 Federal Register (63 FR
31116) and codified in the Code of
Federal Regulations at 40 CFR
52.2020(c)(1).
The local air pollution control agency
for Allegheny County, ACHD, later
adopted a similar summertime gasoline
volatility limit (Allegheny County Order
No. 16782, Article XXI, sections
2102.40, 2105.90, and 2107.15; effective
May 15, 1998, amended August 12,
1999). On March 23, 2000, PADEP
formally submitted a SIP revision to
EPA (on behalf of ACHD) to incorporate
ACHD’s own gasoline RVP summertime
requirements into the Pennsylvania SIP.
EPA approved that SIP revision
establishing an independent ACHD
gasoline RVP limit on April 17, 2001 (66
FR 19724), effective June 18, 2001.
II. What changes have been made to
Pennsylvania’s gasoline volatility
standards?
In the 2013–14 session of the
Pennsylvania General Assembly, the
legislature passed and Governor Corbett
signed into law Act 50 (Pub. L. 674, No.
50 of May 14, 2014). Act 50 amended
the Pennsylvania Air Pollution Control
Act to direct PADEP to initiate a process
to obtain approval from EPA of a SIP
revision that demonstrates continued
compliance with the NAAQS, through
utilization of substitute, commensurate
emissions reductions to balance repeal
of the Pittsburgh-Beaver Valley Area
RVP limit. Upon approval of that
demonstration revision, Act 50 directs
PADEP to repeal the summertime
gasoline RVP limit provisions of 25 Pa.
Code Chapter 126, Subchapter C.
On May 2, 2018, PADEP submitted a
SIP revision requesting that EPA remove
from the Pennsylvania SIP Chapter 126,
Subchapter C of the Pennsylvania Code
(specifically removing 25 Pa. Code
sections 126.301, 126.302, and 126.303),
based upon a demonstration that the
repeal of the RVP requirements rule
(coupled with other ozone precursor
emission reduction measures) would
not interfere with the Pittsburgh-Beaver
Valley Area’s attainment of any
NAAQS, per the requirements for
noninterference set forth in section
110(l) of the CAA. Pennsylvania’s SIP
revision contains a Pennsylvaniaspecific analysis that the emissions
impact from repeal of the 7.8 psi
gasoline volatility requirement in
Pittsburgh (to be replaced by the federal
9.0 psi summertime gasoline
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requirement) would be offset by
substitution of commensurate benefits
from other emission reduction measures
enacted by Pennsylvania, but not
previously credited in any SIP towards
attainment or maintenance of any
NAAQS. This analysis is performed
through analysis of emission inventory
sectors and sources affected by both
repeal of gasoline RVP limits and of the
substitute measures enacted by
Pennsylvania.
The May 2, 2018 SIP revision
references the Commonwealth’s
regulatory amendment to Chapter 126,
Subchapter C, as published in the April
7, 2018 Pennsylvania Bulletin (48 Pa. B.
1932, effective upon publication). This
amendment serves to repeal the PADEP
requirement for 7.8 psi RVP summer
gasoline. The Commonwealth’s rule
amends 25 Pa. Code Section 126.301
(relating to gasoline volatility
requirements) to remove the RVP
requirement for the Pittsburgh-Beaver
Valley Area RVP upon the effective date
of EPA’s approval of Pennsylvania’s
May 2, 2018 SIP revision. As a result,
both state and federal repeal of the
requirements for summertime RVP in
the area will coincide with the effective
date of EPA’s final action to approve the
Commonwealth’s related SIP submittals.
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III. What is the historic reason for
adoption of gasoline volatility control
and the status of air quality in the
Pittsburgh-Beaver Valley Area?
The gasoline volatility limit was
originally adopted by Pennsylvania as
part of a suite of measures to address
ground level ozone pollution in the
Pittsburgh-Beaver Valley Area, which
has historically been designated
nonattainment for the ozone NAAQS.
Since passage of the CAA in 1990,
portions of the Pittsburgh-Beaver Valley
Area have also been designated
nonattainment for the daily and annual
averaging period fine particulate matter
(PM2.5) NAAQS. Since the low-RVP
gasoline program affects primarily
volatile organic compounds (VOCs) and
nitrogen oxides (NOX) emissions, and to
some degree directly emitted PM2.5
emissions, our review of the removal of
this rule focuses on the NAAQS for
which these emissions contribute, either
directly or as precursor emissions.
A. The Status of the Pittsburgh-Beaver
Valley Area With Respect to the Ozone
NAAQS
On November 6, 1991 (56 FR 56694),
EPA designated and classified the
Pittsburgh counties of Allegheny,
Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland
Counties as nonattainment for the 1-
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hour ozone NAAQS promulgated by
EPA in 1979. RVP control was one of a
suite of measures adopted by
Pennsylvania to attain and maintain the
1-hour ozone NAAQS.
On April 9, 2001, Pennsylvania
submitted a request to redesignate the
Pittsburgh-Beaver Valley Area to
attainment of the 1979 1-hour ozone
NAAQS, along with a maintenance plan
to demonstrate that the area would
continue to attain for a 10-year period—
a plan which relied, in part, on
emissions reductions attributable to the
summertime gasoline volatility control
program. Subsequently, EPA
determined that the Pittsburgh-Beaver
Valley Area had attained the 1979 1hour ozone NAAQS by its extended
attainment date and approved the
Commonwealth’s 1-hour redesignation
request and maintenance plan SIP
revision on November 19, 2001 (66 FR
53094).
On July 18, 1997 (62 FR 38856), EPA
issued a revised NAAQS for ozone,
strengthening the primary and
secondary standards to 0.080 parts per
million (ppm) and changing the
averaging time from 1-hour to 8-hours.
EPA initially designated the PittsburghBeaver Valley Area as nonattainment for
the 1997 NAAQS, under the general part
D, subpart 1 provisions of the CAA on
July 15, 2004. However, in response to
litigation, EPA later classified several
areas, including Pittsburgh-Beaver
Valley, as moderate under the CAA part
D, subpart 2 provisions in May of 2012.1
On April 4, 2013, EPA determined
that the Pittsburgh-Beaver Valley Area
had attained the 1997 8-hour ozone
NAAQS by its applicable attainment
date (based on air monitoring data for
the 2007–2009 period) and warranted a
clean data determination. This latter
determination suspended certain CAA
planning requirements for the Area,
including requirements for an
attainment demonstration, associated
reasonable further progress plan,
contingency measures, reasonably
available control measure (RACM)
analysis, and other CAA part D planning
requirements for moderate ozone
nonattainment areas, for as long as the
1 In 2012, EPA finalized revisions to the 2004
Phase 1 Implementation Rule for the 1997 8-hour
ozone NAAQS that specified requirements to meet
the 1997 ozone NAAQS. (77 FR 28424, May 14,
2012). The revisions were EPA’s response to a
December 22, 2006 decision in South Coast Air
Quality Management District v. EPA, 472 F.3d 882
(D.C. Cir. 2006), directing EPA to classify areas
under Part D of the CAA. As a result, EPA
reclassified the former subpart 1 nonattainment
areas, like the Pittsburgh Beaver Valley Area, under
subpart 2. The 1997 8-Hour Ozone NAAQS was
eventually revoked on April 6, 2015, coincident
with promulgation of the later 2008 ozone NAAQS.
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27903
area continued to monitor attainment of
the NAAQS.
On March 27, 2008 (73 FR 16436),
EPA strengthened the 8-hour NAAQS
from 0.080 to 0.075 ppm in 2008. On
March 6, 2015 (77 FR 30088), EPA
designated and classified the PittsburghBeaver Valley Area as marginal
nonattainment for the 2008 8-hour
ozone NAAQS. Also on March 6, 2015
(80 FR 12264), EPA published its ozone
implementation rule for the 2008 ozone
NAAQS in which established the date of
July 20, 2016 as a deadline for
attainment of the 2008 NAAQS. On
December 6, 2016 (81 FR 87819), EPA
determined that the Pittsburgh-Beaver
Valley Area had attained the 2008 ozone
NAAQS by that July 20, 2016 deadline.2
The Pittsburgh-Beaver Valley Area
continues to attain the 2008 ozone
NAAQS for the most recent 2015–2017
three-year monitoring period.
On October 1, 2015 (80 FR 65291),
EPA promulgated a revised ozone
NAAQS of 0.070 ppm. On November 6,
2017 (82 FR 54232), EPA issued final
2015 ozone NAAQS designations for
most U.S. counties, designating all
seven Pittsburgh-Beaver Valley Area
counties as ‘‘attainment/unclassifiable.’’
Pennsylvania’s May 2, 2018 SIP
revision includes EPA’s updated
photochemical grid modeling results for
the 2008 ozone NAAQS (See Appendix
H), based on updated electric generating
unit data for 2017.3 This forecast data
predicts that the Pittsburgh-Beaver
Valley Area will continue to attain the
2008 ozone NAAQS and maintain
attainment of the 2015 ozone NAAQS
by 2023.
2 On February 16, 2018, the D.C. Circuit Court
issued an opinion on the EPA’s regulations
implementing the 2008 ozone NAAQS, known as
the 2008 Ozone SIP Requirements Rule. South
Coast Air Quality Mgmt. Dist. v. EPA, No. 15–1115
(D.C. Cir. Feb. 16, 2018). The D.C. Circuit Court
found certain provisions from the 2008 Ozone SIP
Requirements rule unreasonable including EPA’s
provision for a ‘‘redesignation substitute.’’ The D.C.
Circuit Court vacated these provisions and found
redesignations must comply with all required
elements in CAA section 107(d)(3) and thus found
the ‘‘redesignation substitute’’ which did not
require all items in CAA section 107(d)(3)(E)
violated the CAA and was thus unreasonable. The
D.C. Circuit. Court also vacated other provisions
relating to anti-backsliding in the 2008 Ozone SIP
Requirements Rule as the Court found them
unreasonable. Id. The D.C. Circuit Court found
other parts of the 2008 Ozone SIP Requirements
Rule unrelated to anti-backsliding and this action
reasonable and denied the petition for appeal on
those. Id.
3 EPA Projected 2023 Ozone Design Values for the
Pittsburgh-Beaver Valley Area.
Source: Notice of Availability—Preliminary
Interstate Ozone Transport Modeling Data for the
2015 Ozone NAAQS. Data Spreadsheet is available
at: https://www.epa.gov/sites/production/files/201612/2015_o3_naaqs_preliminary_transport_
assessment_design_values_contributions.xlsx.
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have been promulgated, but for which
EPA has not yet made designations.
In the absence of an attainment
demonstration to demonstrate no
On October 17, 2006, EPA published
interference with any applicable
a revised 24-hour PM2.5 NAAQS (71 FR
NAAQS or requirement of the CAA
61144). On November 3, 2009, EPA
designated the Pittsburgh-Beaver Valley under section 110(l), EPA believes it is
appropriate to allow states to substitute
Area as nonattainment for the 2006
PM2.5 NAAQS (74 FR 58688) under CAA equivalent emissions reductions to
compensate for any change to a SIPpart D, subpart 1. On June 2, 2014, EPA
reclassified the Pittsburgh-Beaver Valley approved program, if net actual
emissions in the air do not increase.
Area as moderate nonattainment under
‘‘Equivalent’’ emission reductions mean
CAA part D, subpart 4 (79 FR 31566),
reductions which are equal to or greater
including all of Beaver, Butler,
than those reductions achieved by the
Washington, and Westmoreland
control measure approved in the SIP. To
Counties and portions of Allegheny,
show that compensating emission
Armstrong, Greene, and Lawrence
reductions are equivalent, modeling or
Counties. On May 2, 2014, EPA
adequate justification must be provided.
determined that the Pittsburgh-Beaver
Valley area was in attainment of the
The compensating, equivalent
2006 annual and 24-hour PM2.5 NAAQS reductions must represent real, new
based on 2010–2012 ambient
emissions reductions achieved in a
monitoring data (79 FR 25014). On
contemporaneous time frame to the
October 2, 2015 (80 FR 59624), EPA
change of the existing SIP control
approved a request from Pennsylvania
measure, in order to preserve the status
to redesignate the Pittsburgh Area to
quo level of emissions in the air. In
attainment of the 1997 annual and 2006 addition to being contemporaneous, the
24-hour PM2.5 NAAQS.
equivalent emissions reductions must
On January 15, 2015, EPA published
also be permanent, enforceable,
a revised annual PM2.5 NAAQS (79 FR
quantifiable, and surplus to be approved
3086). On April 7, 2015, EPA designated into the SIP.
Allegheny County as moderate
In its May 2, 2018 SIP revision,
nonattainment of the 2012 annual PM2.5 PADEP includes a section 110(l)
NAAQS (80 FR 18535).4 Allegheny
demonstration that uses equivalent
County continues to be nonattainment
emission reductions to offset ‘‘losses’’
for the 2012 annual PM2.5 NAAQS.
from emission reductions resulting from
the removal of the SIP approved 7.8 psi
IV. What is EPA’s analysis of the
RVP summertime gasoline requirement
Commonwealth’s submittal?
in the Pittsburgh-Beaver Valley Area of
A. Pennsylvania’s Estimate of the
Pennsylvania. Specifically, PADEP
Impacts of Removing the 7.8 psi RVP
demonstrates the emission reductions
Requirement
associated with the 7.8 psi RVP fuel
requirement will be substituted with
EPA’s primary consideration for
equivalent or greater emissions
determining the approvability of
reductions from: (1) Reductions from an
Pennsylvania’s request to rescind the
adopted, implemented Pennsylvania
requirements for a gasoline volatility
regulation relating to the use and
control program is whether this
application of adhesives, sealants,
requested action complies with section
primers, and solvents at 25 Pa. Code
110 of the CAA, specifically section
Section 129.77 and (2) the permanent
110(l).5 Section 110(l) of the CAA
shutdown of a facility in the Pittsburghrequires that a revision to the SIP not
Beaver Valley Area. These substitute
interfere with any applicable
requirement concerning attainment and emissions are quantifiable, permanent,
surplus, enforceable, and
reasonable further progress (as defined
contemporaneous (i.e. occurring at
in section 171), or any other applicable
approximately the same period of this
requirement of the CAA. EPA evaluates
demonstration and/or the anticipated
each section 110(l) noninterference
cessation of the low RVP fuel program).
demonstration on a case-by-case basis
With removal of the state 7.8 psi
considering the circumstances of each
summertime RVP requirement, the
SIP revision. EPA interprets CAA
section 110(l) as applying to all NAAQS federal 9.0 psi RVP limit remains as the
applicable requirement.
that are in effect, including those that
To determine the emissions impact of
removing the 7.8 psi RVP program
requirements in the Pittsburgh-Beaver
Valley Area, PADEP considered first the
pollutants that impact any NAAQS that
are controlled through lowering of
gasoline RVP: VOCs, NOX, and direct
PM2.5. PADEP’s analysis focuses on VOC
and NOX emissions because low RVP
requirements were adopted by the
Commonwealth to address the ozone
NAAQS and because VOCs and NOX
emissions are the primary precursors for
ground-level ozone formation. Also,
NOX, VOC, and direct PM2.5 emissions
also contribute to formation of PM2.5.
PADEP limited its analysis to affected
portions of the total emissions inventory
for the Pittsburgh-Beaver Valley Area
such as the highway vehicle emissions
sector, nonroad vehicle emissions
sector, and gasoline storage and
distribution emissions sources within
the stationary point source sector. EPA
finds the Commonwealth’s analysis of
the affected universe of emissions
sources reasonable, as the 7.8 psi RVP
gasoline requirement impacts only
emission sources that store, distribute,
or combust gasoline. PADEP studied the
impacts of low RVP program removal on
the emissions inventory at several
points in time representing a period just
prior to removal of the low RVP
program (i.e., 2014), the year of RVP
program cessation (i.e., 2018), and a
point five years after RVP program
removal (i.e., 2023).
Table 1 summarizes PADEP’s
estimates of the expected change in
highway vehicle emissions from
replacement of the Commonwealth’s 7.8
psi summertime low RVP program with
the federal 9.0 psi RVP limit. To
generate these estimates, PADEP used
the latest version of EPA’s Motor
Vehicle Emissions Simulator (MOVES),
version MOVES2014a, to characterize
motor vehicle emissions. EPA notes that
increasing gasoline RVP in and of itself
no longer results in an increase in
emissions of VOCs in the highway
vehicle sector, as increases in VOCs
from evaporative loss and permeation
through porous materials are offset by
improved exhaust emissions reductions
from improvements in new motor
vehicles (e.g., improved engine control,
air/fuel management, timing
management, etc.). Thus, as newer
vehicles replace older ones in the fleet,
the VOC benefits from low RVP gasoline
for the highway vehicle sector of the
4 This action corrects an initial final designations
action for the 2012 PM2.5 NAAQS, which was
signed by EPA on December 18, 2014 and published
January 15, 2015 (80 FR 2206). This correction
Pennsylvania’s RVP control requirements in the
Pittsburgh-Beaver Valley Area were not included in
the SIP prior to enactment of the 1990 CAA
amendments.
sradovich on DSK3GMQ082PROD with RULES
B. The Status of the Pittsburgh-Beaver
Valley Area With Respect to the Fine
Particulate Matter NAAQS
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included more recently available data for use in
designating certain areas of the country.
5 CAA section 193, with respect to removal of
requirements in place prior to enactment of the
1990 CAA Amendments, is not relevant because
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area’s total emission inventory are
reduced.
TABLE 1—HIGHWAY EMISSIONS COMPARISON BETWEEN PADEP’S 7.8 psi LOW-RVP PROGRAM AND THE FEDERAL RVP
PROGRAM FOR THE PITTSBURGH-BEAVER VALLEY AREA
[In tons per day (tpd) and tons per year (tpy)]
2014
Scenario
VOC
tpd
Pennsylvania 7.8
psi RVP Program ...............
Federal 9.0 psi
RVP Program
Reduction or Increase in
Emissions (¥)
or (+) ..............
2018
NOX
tpy
tpd
PM2.5
tpy
VOC
tpy
tpd
2023
NOX
tpy
tpd
PM2.5
tpy
VOC
tpy
tpd
NOX
tpy
tpd
PM2.5
tpy
tpy
38.7
14,134
77.1
28,142
902
25.1
9,082
49.4
17,403
614
18.2
6,650
30.4
10,834
430
............
............
............
............
............
25.0
9,040
49.7
17,446
612
18.0
6,604
30.5
10,847
428
............
............
............
............
............
¥0.18
¥41.4
+0.3
+43.5
¥2.0
¥0.24
¥46.5
+0.09
13.1
¥2.2
PADEP modelled nonroad emissions
using the MOVES NONROAD model,
version 2014a, coupled with the 2014
NEI version 1 emission inventory, to
compile a base year scenario. PADEP
assumed this portion of the inventory
would see an increase of three percent
of total VOC emissions from removal of
the Commonwealth’s 7.8 psi RVP
gasoline program. Table 2 summarizes
the changes in nonroad vehicle and
equipment emissions in the PittsburghBeaver Valley area from repeal of the
state low-RVP gasoline program.
TABLE 2—NONROAD MOBILE EMISSIONS COMPARISON BETWEEN PADEP’S 7.8 psi LOW-RVP PROGRAM VERSUS THE
FEDERAL RVP PROGRAM FOR THE PITTSBURGH-BEAVER VALLEY AREA
[In tpy and tpd]
2014
2018
2023
VOC
VOC
VOC
tpy
sradovich on DSK3GMQ082PROD with RULES
Pennsylvania 7.8 psi RVP Program ....................................
Federal 9.0 psi RVP Program .............................................
Reduction or Increase in Emissions (¥) or (+) ...................
Changes in gasoline RVP produce
emissions from not only vehicles and
equipment that store and combust the
fuel, but also from evaporation and
permeation from movement, storage,
and transportation of the fuel as part of
the gasoline distribution system. These
sources include gasoline refineries and
terminals, pipelines, gasoline tanker
trucks, storage tanks, service station
tanks, and portable gas cans. These are
a combination of large, point sources of
emissions and smaller area sources.
PADEP estimates emissions from these
sources by different means, ranging
from use of emission factors (from EPA’s
AP–42 compendium of emission factors)
coupled with activity information (or
surrogates for activity like population)
or gasoline sales numbers. Some larger
sources (e.g., refineries and bulk
gasoline terminals) are sufficiently large
to be estimated or measured more
directly as discreet sources in the Area’s
periodic point source emission
inventory. Table 3 contains a summary
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tpd
7,221
........................
........................
tpy
37.15
38.15
1.00
of PADEP’s estimated emissions from
these point and area sources resulting
from a change from the Pennsylvania
low-RVP gasoline rule to the federal
rule. PADEP assumed this portion of the
inventory would see an increase of three
percent of total VOC emissions from
removal of the Commonwealth’s 7.8 psi
RVP gasoline program.
TABLE 3—GASOLINE DISTRIBUTION
SYSTEM POINT AND AREA SOURCES
INCREASE IN VOC EMISSIONS FROM
REMOVAL OF PENNSYLVANIA’S 7.8
psi RVP REQUIREMENT IN THE
PITTSBURGH-BEAVER VALLEY AREA
[In tpy and tpd]
Point/area source category
Gasoline Terminals .....................
Bulk Plants ..................................
Tank Truck Transit .....................
Service Station Unloading ..........
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2014 NEI
VOC
(tpy)
131.3.
74.9.
10.4.
0.1.
tpd
5,684
5,837
153
tpy
35.10
36.11
1.01
5,370
5,525
155
TABLE 3—GASOLINE DISTRIBUTION
SYSTEM POINT AND AREA SOURCES
INCREASE IN VOC EMISSIONS FROM
REMOVAL OF PENNSYLVANIA’S 7.8
psi RVP REQUIREMENT IN THE
PITTSBURGH-BEAVER
VALLEY
AREA—Continued
[In tpy and tpd]
Point/area source category
Total 2014 NEI Point
Source RVP-Related
Emissions.
3% of 2014 Point Emissions, Attributable to 7.8 RVP repeal.
2014 NEI
VOC
(tpy)
216.7.
7 tpy
(0.02 tpd).
Table 4 summarizes combined
highway mobile, nonroad, and point
and area source emissions impacts from
the removal of the Commonwealth’s 7.8
psi low-RVP program for the 2018 and
2023 scenarios.
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TABLE 4—SUMMARY OF COMBINED EMISSION IMPACTS FROM REMOVAL OF THE 7.8 PSI PROGRAM IN THE
PITTSBURGH-BEAVER VALLEY AREA IN 2018 AND 2023
[In tpy and tpd]
VOC
tpy
NOX
tpd
tpy
PM2.5
tpd
tpy
Highway ...............................................................................
Nonroad ...............................................................................
Point/Area ............................................................................
¥41.4
153
7
¥0.18
1
¥0.02
43.5
0
0
0.3
0
0
¥2.0
0
0
Total Change in 2018 Emissions .................................
+119
+0.84
+43.5
+0.3
¥2.0
Highway ...............................................................................
Nonroad ...............................................................................
Point/Area ............................................................................
¥46.5
155
7
¥0.24
1.01
0.02
13.1
0
0
0.09
0
0
¥2.2
0
0
Total Change in 2023 Emissions .................................
+116
+0.79
+13.1
+0.09
¥2.2
Based on our review of the
information provided, EPA finds that
PADEP used reasonable methods and
the appropriate tools (e.g., emissions
estimation models, emissions factors,
and methodologies) in estimating the
effect on emissions from removing the
7.8 psi RVP summertime gasoline
program. PADEP determined that in
2018 the emissions increase resulting
from removal of the 7.8 psi RVP
requirement (and replacement with the
federal 9.0 RVP gasoline program)
would be 0.84 summertime tpd of VOC
and 0.3 summertime tpd of NOX in the
Pittsburgh-Beaver Valley Area. PADEP’s
demonstration shows that direct
emissions of PM2.5 decrease by 2.0 tpy
from removal of the 7.8 psi RVP
requirement (and replacement with the
federal 9.0 RVP gasoline program). By
2023, the emissions impact of removal
of the 7.8 psi RVP requirement would
slightly decrease from 2018, to 0.79 tpd
of VOCs and 0.09 tpd of NOX, with
direct PM2.5 emissions decreasing
slightly more than 2018 estimates.
B. Pennsylvania’s Substitution of
Alternative Emissions Reduction
Measures for the 7.8 psi Low-RVP
Gasoline Program
PADEP has estimated lost and
compensating emission reductions for
the year of removal of the
Commonwealth’s low-RVP gasoline
program (after considering the benefits
from replacement with the federal 9.0
RVP gasoline program). PADEP has also
estimated emissions impacts in the year
2023 to examine the future impacts of
removal of the 7.8 psi state summertime
RVP requirement. To compensate for the
emissions impact of repeal of this
requirement in the Pittsburgh-Beaver
Valley Area, PADEP has analyzed the
emission benefits associated with two
substitute measures previously
implemented but not ‘‘claimed’’ in any
prior SIP attainment plan (under CAA
section 172) for the Commonwealth.
These measures are: (1) Overcontrol of
VOC emissions from Pennsylvania’s
adhesives rule (25 Pa. Code § 129.77)
and (2) unclaimed creditable emissions
reductions associated with the
permanent closure in 2015 of a glass
manufacturing facility in Allegheny
County, Guardian Industries Jefferson
Hills facility.
1. Pennsylvania’s Adhesives, Sealants,
Primers, and Solvents Rule
Pennsylvania adopted emissions
limits for adhesives and sealants
consistent with the Ozone Transport
Commission (OTC) model rule covering
37 categories of products, on December
24, 2010 (40 Pa. B. 7340). On June 25,
2015 (80 FR 36482), EPA approved the
adhesives rule (25 Pa. Code Section
129.77) into the Pennsylvania SIP.
Although this measure was
implemented prior to the
Commonwealth’s repeal of the 7.8 psi
low-RVP gasoline program, the
emissions reductions from the adhesives
rule have not previously been
‘‘credited’’ in any attainment,
reasonable further progress,
redesignation, or maintenance plan SIP
for any NAAQS. PADEP has quantified
the reductions from the OTC adhesives
model rule using studies performed by
the California Air Resources Board
(CARB), upon which the OTC model
rule was derived. As an area source
measure, PADEP relied upon population
based, per capita emission reduction
estimates for the 7-county PittsburghBeaver Valley Area. PADEP extrapolated
its per capita emission factor estimate
prepared when it adopted the adhesives
rule (based on 2009 area population) by
population data for 2014, 2018, and
2023. For purposes of comparison to the
low-RVP rule, PADEP seasonally
adjusted its original estimate for the
adhesives rule (based on a 3-month
June-August summer season) to reflect
the longer low-RVP gasoline
summertime season (i.e., 5-month MaySeptember control season). Table 5
summarizes the daily and annual VOC
emissions benefit provided by the
adhesives rule.
TABLE 5—SUMMARY OF PENNSYLVANIA’S ADHESIVES RULE VOC EMISSION REDUCTION ESTIMATES
FOR 2014, 2018, AND 2023
sradovich on DSK3GMQ082PROD with RULES
2014
Projected Pittsburgh-Beaver Valley Area Population (persons) .................................................
PADEP Adhesives Rule VOC Annual Reduction Emission Factor (tons per person per year)
PADEP Adhesives Rule VOC Daily Reduction Emission Factor (tons per person per day) .....
VOC Reduction from PADEP Adhesives Rule (in tpy) ...............................................................
VOC Reduction from PADEP Adhesives Rule (in tpd) ...............................................................
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2, 358,096
4.96 × 10¥4
1.36 × 10¥6
1,169
3.21
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15JNR1
2018
2,346,571
4.96 × 10¥4
1.36 × 10¥6
1,163
3.20
2023
2,338,002
4.96 × 10¥4
1.36 × 10¥6
1,159
3.19
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2. Shutdown of Guardian Industries
Jefferson Hills Facility
To further aid in offsetting emission
reductions lost from the removal of the
summertime 7.8 psi low-RVP gasoline
requirement (after replacement with the
federal 9.0 RVP gasoline program),
PADEP is relying upon emission
reductions from the permanent closure
of a Guardian Industries Corporation
glass manufacturing facility located in
Jefferson Hills, Allegheny County
(Facility ID 4200300342). This facility
ceased operations in August 2015, and
Guardian Industries did not request that
potentially creditable emission
reductions be preserved in the inventory
within the one year deadline for doing
so under 25 Pa. Code Chapter 127,
Subchapter E (relating to emission
reduction credit generation under
Pennsylvania’s new source review
(NSR) program). Having missed the legal
deadline for doing so, the associated
emission reductions from the facility
shutdown can no longer be used by any
facility for complying with the NSR
program. Pennsylvania asserts the
reductions have not been used and
cannot be used in the future by
Pennsylvania to meet any other
obligation, including attainment
demonstration, facility emission
limitation, reasonable further progress,
or maintenance plan requirements for
the area. The facility has been
permanently closed and the emission
source removed. The plan approvals
and operating permits for the facility are
no longer valid. Any new source at this
facility would be subject to NSR
permitting provisions (including
securing emission offsets as required by
CAA and Pennsylvania SIP) and would
not be able to use any emission
reductions from this closure for
permitting purposes.
To quantify emission reductions from
the Guardian Industries Jefferson Hills
facility shutdown, PADEP applied
requirements from Pennsylvania’s
creditable emissions decrease
provisions for applicability
determination under the NSR program
(25 Pa. Code Section 127.203a), used for
calculation of lookback periods and
baseline credit determinations for
emission reduction credit generation.
Table 6 summarizes PADEP’s estimate
of creditable emission reductions from
the Guardian Industry Jefferson Hills
facility for use in partially offsetting the
removal of the 7.8 psi RVP gasoline
program.
TABLE 6—SUMMARY OF EMISSION REDUCTIONS FROM THE PERMANENT SHUTDOWN OF GUARDIAN INDUSTRIES
JEFFERSON HILLS FACILITY
Permanent emission offsets for 24-month annual average
(August 2013–July 2015)
NOX ..........................................................................................................................................................................
VOC .........................................................................................................................................................................
PM2.5 ........................................................................................................................................................................
C. Comparison of Emissions Impacts
From Removal of the Commonwealth’s
7.8 psi RVP Gasoline Program and the
Uncredited Emission Reductions From
Substitute Measures
Pennsylvania is relying upon NOX,
VOC, and PM2.5 emission reductions
from its adoption of the OTC model
adhesives rule and from the shutdown
of Guardian Industries Jefferson Hills
Offsets
(in tpy)
Pollutant
glass manufacturing facility in
Allegheny County to offset the
emissions impact of removing the
Commonwealth’s summertime gasoline
volatility control rule and to support
that its argument that removal of 7.8 psi
RVP requirement from the SIP will not
interfere with attainment of any
NAAQS. Pennsylvania has elected to
adjust upward by 25 percent its
estimates for the emission impact of the
625
13.8
26.5
1.8
0.04
N/A
removal of the 7.8 psi RVP gasoline
program (as shown in Table 4), to
account for uncertainty in its
calculation of the estimates for the
emissions benefits from that program.
Table 7 summarizes the PittsburghBeaver Valley Area emissions increases
from repeal of the low-RVP gasoline
program compared to the emissions
benefits resulting from the alternative
emission reduction measures.
TABLE 7—SUMMARY OF PITTSBURGH-BEAVER VALLEY IMPACTS FROM REMOVAL OF THE 7.8 psi GASOLINE VOLATILITY
PROGRAM COMPARED TO EMISSIONS BENEFITS FROM ALTERNATIVE MEASURES
[In 2018 and 2023]
VOC
tpy
PM2.5
NOX
tpd
tpy
tpd
tpy
119
30
0.84
0.21
43.5
11
0.3
0.08
¥2.0
¥2.0
Total Emissions Requiring Offset ..............................................
Adhesives Rule Reductions for Offset .............................................
Facility Shutdown Reductions for Offset ..........................................
sradovich on DSK3GMQ082PROD with RULES
2018:
Change in Emissions from RVP Rule Repeal 6 ...............................
Emission Adjustment to RVP Change Estimate (25% increase) .....
149
1,163
13.8
1.05
3.2
0.04
54.5
0
625
0.38
0
1.8
....................
0
26.5
Total Available Offset Emissions ...............................................
Surplus Reductions After Offset (Total Emissions Requiring Offset—Total Available Offsets) ........................................................
2023:
Change in Emissions from RVP Rule Repeal 7 ...............................
Emission Adjustment to RVP Change Estimate (25% increase) .....
1,177
3.24
625
1.8
28.5
1,029
2.19
570.5
1.0
28.5
116
29
0.79
0.20
13.1
3.3
0.09
0.02
¥2.0
....................
Total Emissions Requiring Offset ..............................................
Adhesives Rule Reductions for Offset .............................................
144
1,159
0.99
3.19
16.4
0
0.11
0
¥2.0
0
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TABLE 7—SUMMARY OF PITTSBURGH-BEAVER VALLEY IMPACTS FROM REMOVAL OF THE 7.8 psi GASOLINE VOLATILITY
PROGRAM COMPARED TO EMISSIONS BENEFITS FROM ALTERNATIVE MEASURES—Continued
[In 2018 and 2023]
VOC
tpy
PM2.5
NOX
tpd
tpy
tpd
tpy
Facility Shutdown Reductions for Offset ..........................................
13.8
0.04
625
1.8
26.5
Total Available Offset Emissions ...............................................
Surplus Reductions After Offset (Total Emissions Requiring Offset—Total Available Offsets) ........................................................
1,173
3.23
625
1.8
28.5
1,029
2.24
608.6
1.69
28.5
sradovich on DSK3GMQ082PROD with RULES
As indicated in Table 7, Pennsylvania
has a surplus of VOC, NOX, and PM2.5
emission reductions from the alternative
emission reduction measures after
offsetting the emissions reductions lost
from repeal of the Commonwealth’s
low-RVP gasoline program, in both 2018
(the year of repeal of the low-RVP
gasoline program) and in the 2023
future case. Although not needed to
offset the low-RVP gasoline rule, PADEP
is electing to retire all emissions
reductions from the facility shutdown
and will not use them for any future
NSR program purposes. These surplus
emission reductions, not previously
claimed for any SIP-approved plan, will
help to ensure that removal of the lowRVP gasoline program will not interfere
with any NAAQS for the PittsburghBeaver Valley Area.
EPA believes that the removal of the
7.8 psi low RVP fuel program
requirements in the Pittsburgh-Beaver
Valley Area does not interfere with
Pennsylvania’s ability to demonstrate
compliance with any of the ozone or
PM2.5 NAAQS, which could potentially
have been impacted by the NAAQS
pollutant precursors that are the subject
of the SIP revision. EPA’s analyses of
the Commonwealth’s SIP revision for
CAA 110(l) impact is supported by its
use of alternate emission reduction
measures that ensure permanent,
enforceable, contemporaneous, surplus
emissions reductions are achieved
within the Pittsburgh-Beaver Valley
Area which far exceed the slight
increase in NOX and VOC pollutants
from the removal of low RVP fuel
especially as Pennsylvania is still
subject to the federal RVP fuel
6 This increase (or decrease) in emissions is the
net emission change when comparing the
Commonwealth’s 7.8 psi requirement for the
Pittsburgh-Beaver Valley Area to the federal 9.0 psi
RVP program requirement that will remain upon
removal of the Commonwealth’s program.
7 This increase (or decrease) in emissions is the
net emission change when comparing the
Commonwealth’s 7.8 psi requirement for the
Pittsburgh-Beaver Valley Area to the federal 9.0 psi
RVP program requirement that will remain upon
removal of the Commonwealth’s program.
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requirement of 9.0 psi. Based on
Pennsylvania’s CAA 110(l) analysis
showing surplus emission reductions
(see Table 7), EPA has no reason to
believe that the removal of the low RVP
fuel requirements in the PittsburghBeaver Valley area will negatively
impact the area’s ability to attain or
maintain any NAAQS including
specifically ozone and PM2.5 or interfere
with reasonable further progress. In
addition, EPA believes that removing
the 7.8 psi low RVP program
requirements in the Pittsburgh-Beaver
Valley Area will not interfere with any
other CAA requirement as the Area will
remain subject to the federal low RVP
fuel requirements.
V. Impacts on the Boutique Fuels List
Section 1541(b) of the Energy Policy
Act of 2005 required EPA, in
consultation with the U.S. Department
of Energy, to determine the number of
fuels programs approved into all SIPs as
of September 1, 2004 and to publish a
list of such fuels. On December 28, 2008
(71 FR 78192), EPA published the list of
boutique fuels. EPA maintains the
current list of boutique fuels on its
website at: https://www.epa.gov/
gasoline-standards/state-fuels. The final
list of boutique fuels was based on a fuel
type approach. CAA section
211(c)(4)(C)(v)(III) requires that EPA
remove a fuel from the published list if
it is either identical to a federal fuel or
is removed from the SIP in which it is
approved. Under the adopted fuel type
approach, EPA interpreted this
requirement to mean that a fuel would
have to be removed from all SIPs in
which it was approved in order for it to
be removed from the list. (71 FR 78195).
The 7.8 psi RVP fuel program (as
required by Pa. Code Chapter 126,
Subchapter C), as approved into
Pennsylvania’s SIP, is a fuel type that is
included in EPA’s boutique fuel list (71
FR 78198–99; https://www.epa.gov/
gasoline-standards/state-fuels). The
specific counties in the PittsburghBeaver Valley Area where summer low
RVP gasoline is required are identified
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on EPA’s Gasoline Reid Vapor Pressure
web page (https://www.epa.gov/
gasoline-standards/gasoline-reid-vaporpressure). Subsequent to the final
effective date of EPA’s approval of
Pennsylvania’s May 2, 2018 SIP revision
to remove Pennsylvania’s Chapter 126,
Subchapter C RVP requirement from the
SIP, EPA will update the State Fuels
and Gasoline Reid Vapor Pressure web
pages with the effective date of the SIP
removal. However, the entry for
Pennsylvania will be not be completely
deleted from the list of boutique fuels,
as Allegheny County remains subject to
a separate, SIP-approved 7.8 psi RVP
gasoline requirement of ACHD’s Rules
and Regulations, Article XXI, pending
future action by ACHD to repeal that
rule and submit a formal SIP revision
requesting its repeal from the
Pennsylvania SIP. This deletion of
Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland
Counties from the list will not result in
an opening on the boutique fuels list
because the 7.8 psi RVP fuel type
remains for one Pennsylvania County,
and in other state SIPs.
VI. What action is EPA taking?
EPA is approving Pennsylvania’s May
2, 2018 SIP revision to remove the low
RVP fuel requirements at 25 Pa. Code
Chapter 126, Subchapter C from the
Pennsylvania SIP. With this action, EPA
is also approving the Commonwealth’s
supporting CAA 110(l) demonstration in
its May 2, 2018 submission that removal
of the low RVP gasoline program does
not interfere with the Commonwealth’s
ability to attain or maintain any NAAQS
in the Pittsburgh-Beaver Valley Area.
Our approval of the May 2, 2018 SIP
submittal is in accordance with CAA
requirements in section 110, including
section 110(l) specifically.
EPA’s approval of the May 2, 2018
Pennsylvania SIP revision does not
remove the separate SIP requirement
applicable requiring use of 7.8 psi RVP
gasoline during summertime months in
Allegheny County, under requirements
set forth in Article XXI, Rules and
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Regulations of the ACHD, which were
approved by EPA as part of the
Commonwealth’s SIP on April 17, 2001
(66 FR 19724). PADEP will submit a SIP
revision, at a later date, on behalf of
ACHD to remove or otherwise amend
the separate Allegheny County low RVP
gasoline program rule. Neither ACHD’s
rule nor the related approved
Pennsylvania SIP for Article XXI are the
subject of this action or the
Pennsylvania May 2, 2018 low RVP
gasoline SIP revision.
EPA is publishing this rule without
prior proposal because EPA views this
as a noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
August 14, 2018 without further notice
unless EPA receives adverse comment
by July 16, 2018. If EPA receives adverse
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time.
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
VII. Statutory and Executive Order
Reviews
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
sradovich on DSK3GMQ082PROD with RULES
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
VerDate Sep<11>2014
15:57 Jun 14, 2018
Jkt 244001
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
PO 00000
Frm 00021
Fmt 4700
Sfmt 9990
27909
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 14, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking action. This action
to remove from the Pennsylvania SIP
requirements for low RVP fuel for the
Pittsburgh Area may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 6, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(1) is amended by removing the title
and entries for ‘‘Subchapter C—Gasoline
Volatility Requirements’’ under Title 25,
Chapter 126 Standard for Motor Fuels.
■
[FR Doc. 2018–12703 Filed 6–14–18; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Rules and Regulations]
[Pages 27901-27909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12703]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0277; FRL-9979-44--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Removal of Department of Environmental Protection
Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Commonwealth of Pennsylvania
state implementation plan (SIP) submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on May 2, 2018. This
revision seeks the removal, from the Pennsylvania SIP, of the
requirement limiting summertime gasoline volatility to 7.8 pounds per
square inch (psi) Reid Vapor Pressure (RVP) to address nonattainment
under the 1-hour ozone national ambient air quality standard (NAAQS) in
the Pittsburgh-Beaver Valley ozone nonattainment area (hereafter
Pittsburgh-Beaver Valley Area). The submitted SIP revision also
includes a section 110(l) demonstration as required by the Clean Air
Act (CAA) addressing emission impacts associated with the removal of
the program. EPA is approving these revisions to the Pennsylvania SIP
in accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on August 14, 2018 without further
notice, unless EPA receives adverse written comment by July 16, 2018.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0277 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. This supplementary
information section is arranged as follows:
I. Background
A. Federal Gasoline Volatility Controls Under the CAA
[[Page 27902]]
B. State Gasoline Volatility Controls for the Pittsburgh-Beaver
Valley Area
II. What changes have been made to Pennsylvania's gasoline
volatility standards?
III. What is the historic reason for adoption of gasoline volatility
control and the status of air quality in the Pittsburgh-Beaver
Valley Area?
A. The Status of the Pittsburgh-Beaver Valley Area With Respect
to the Ozone NAAQS
B. The Status of the Pittsburgh-Beaver Valley Area With Respect
to the Fine Particulate Matter NAAQS
IV. What is EPA's analysis of the Commonwealth's submittal?
A. Pennsylvania's Estimate of the Impacts of Removing the 7.8
psi RVP Requirement
B. Pennsylvania's Substitution of Alternative Emissions
Reduction Measures for the 7.8 psi Low-RVP Gasoline Program
1. Pennsylvania's Adhesives, Sealants, Primers, and Solvents
Rule
2. Shutdown of Guardian Industries Jefferson Hills Facility
C. Comparison of Emissions Impacts of Removal of the
Commonwealth's 7.8 psi RVP Gasoline Program and the Uncredited
Emission Reductions From Substitute Measures
V. Impacts on the Boutique Fuels List
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
I. Background
A. Federal Gasoline Volatility Controls Under the CAA
Under section 211(c) of the CAA, EPA promulgated regulations on
March 22, 1989 (54 FR 11868) that set maximum federal limits for the
RVP of gasoline sold during the regulatory control periods that were
established on a state-by-state basis in the final rule. The regulatory
control periods applied during the summer months when peak ozone
concentrations were expected. These regulations constituted Phase I of
a two phase nationwide program, which was designed to reduce the
volatility of commercial gasoline during the high ozone season.
Depending on the state and month, gasoline RVP was not to exceed 10.5
psi, 9.5 psi, or 9.0 psi. Phase I was applicable to calendar years 1989
through 1991. On June 11, 1990 (55 FR 23658), EPA promulgated more
stringent volatility controls as Phase II of the volatility control
program. These requirements established maximum RVP standards of 9.0
psi or 7.8 psi (depending on the state, the month, and the area's
initial ozone attainment designation with respect to the 1-hour ozone
NAAQS). Phase II is applicable to 1992 and subsequent years.
The 1990 amendments to the CAA established a new section, 211(h),
to address fuel volatility. Section 211(h)(1) requires EPA to
promulgate regulations making it unlawful to sell, offer for sale,
dispense, supply, offer for supply, transport, or introduce into
commerce gasoline with an RVP level in excess of 9.0 psi during the
high ozone season. Section 211(h)(2) prohibits EPA from establishing a
volatility standard more stringent than 9.0 psi in an attainment area,
except that the Agency may impose a lower (more stringent) standard in
any former ozone nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to make them consistent with section 211(h). The
modified regulations prohibited the sale of gasoline, beginning in
1992, with a RVP above 9.0 psi in all areas designated attainment for
ozone. For areas designated as nonattainment, the regulations retained
the original Phase II standards published on June 11, 1990 (55 FR
23658), which included the 7.8 psi ozone season limitation for certain
areas.
Under these requirements, the Commonwealth of Pennsylvania was
required to meet a 9.0 psi RVP standard during the summer RVP control
period, with the exception of the Philadelphia Area, which was at that
time was designated as severe ozone nonattainment, and as such was
subject to more stringent gasoline requirements of the reformulated
gasoline program established under CAA section 211(k).
B. State Gasoline Volatility Controls for the Pittsburgh-Beaver Valley
Area
On November 15, 1990, the CAA amendments of 1990 were signed into
law. On November 6, 1991, EPA designated and classified the Pittsburgh-
Beaver Valley Area as moderate nonattainment for the 1979 1-hour ozone
NAAQS. As part of Pennsylvania's efforts to bring the Pittsburgh-Beaver
Valley Area into attainment of the ozone standard, the Commonwealth
adopted and implemented a range of ozone precursor emissions control
measures for the area, including adoption of a state rule to limit
summertime gasoline volatility to 7.8 psi RVP. Pennsylvania's RVP
control rule applies to the entire Pittsburgh-Beaver Valley Area--
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and
Westmoreland Counties.
PADEP promulgated this rule in the November 1, 1997 Pennsylvania
Bulletin (27 Pa.B. 5601, effective November 1, 1997), which is codified
in Subchapter C of Chapter 126 of the Pennsylvania Code of Regulations
(25 Pa. Code Chapter 126, Subchapter C). On April 17, 1998,
Pennsylvania submitted this state-adopted rule to EPA as a formal
revision to its approved SIP. EPA published a final action approving
Pennsylvania's RVP SIP revision in the June 8, 1998 Federal Register
(63 FR 31116) and codified in the Code of Federal Regulations at 40 CFR
52.2020(c)(1).
The local air pollution control agency for Allegheny County, ACHD,
later adopted a similar summertime gasoline volatility limit (Allegheny
County Order No. 16782, Article XXI, sections 2102.40, 2105.90, and
2107.15; effective May 15, 1998, amended August 12, 1999). On March 23,
2000, PADEP formally submitted a SIP revision to EPA (on behalf of
ACHD) to incorporate ACHD's own gasoline RVP summertime requirements
into the Pennsylvania SIP. EPA approved that SIP revision establishing
an independent ACHD gasoline RVP limit on April 17, 2001 (66 FR 19724),
effective June 18, 2001.
II. What changes have been made to Pennsylvania's gasoline volatility
standards?
In the 2013-14 session of the Pennsylvania General Assembly, the
legislature passed and Governor Corbett signed into law Act 50 (Pub. L.
674, No. 50 of May 14, 2014). Act 50 amended the Pennsylvania Air
Pollution Control Act to direct PADEP to initiate a process to obtain
approval from EPA of a SIP revision that demonstrates continued
compliance with the NAAQS, through utilization of substitute,
commensurate emissions reductions to balance repeal of the Pittsburgh-
Beaver Valley Area RVP limit. Upon approval of that demonstration
revision, Act 50 directs PADEP to repeal the summertime gasoline RVP
limit provisions of 25 Pa. Code Chapter 126, Subchapter C.
On May 2, 2018, PADEP submitted a SIP revision requesting that EPA
remove from the Pennsylvania SIP Chapter 126, Subchapter C of the
Pennsylvania Code (specifically removing 25 Pa. Code sections 126.301,
126.302, and 126.303), based upon a demonstration that the repeal of
the RVP requirements rule (coupled with other ozone precursor emission
reduction measures) would not interfere with the Pittsburgh-Beaver
Valley Area's attainment of any NAAQS, per the requirements for
noninterference set forth in section 110(l) of the CAA. Pennsylvania's
SIP revision contains a Pennsylvania-specific analysis that the
emissions impact from repeal of the 7.8 psi gasoline volatility
requirement in Pittsburgh (to be replaced by the federal 9.0 psi
summertime gasoline
[[Page 27903]]
requirement) would be offset by substitution of commensurate benefits
from other emission reduction measures enacted by Pennsylvania, but not
previously credited in any SIP towards attainment or maintenance of any
NAAQS. This analysis is performed through analysis of emission
inventory sectors and sources affected by both repeal of gasoline RVP
limits and of the substitute measures enacted by Pennsylvania.
The May 2, 2018 SIP revision references the Commonwealth's
regulatory amendment to Chapter 126, Subchapter C, as published in the
April 7, 2018 Pennsylvania Bulletin (48 Pa. B. 1932, effective upon
publication). This amendment serves to repeal the PADEP requirement for
7.8 psi RVP summer gasoline. The Commonwealth's rule amends 25 Pa. Code
Section 126.301 (relating to gasoline volatility requirements) to
remove the RVP requirement for the Pittsburgh-Beaver Valley Area RVP
upon the effective date of EPA's approval of Pennsylvania's May 2, 2018
SIP revision. As a result, both state and federal repeal of the
requirements for summertime RVP in the area will coincide with the
effective date of EPA's final action to approve the Commonwealth's
related SIP submittals.
III. What is the historic reason for adoption of gasoline volatility
control and the status of air quality in the Pittsburgh-Beaver Valley
Area?
The gasoline volatility limit was originally adopted by
Pennsylvania as part of a suite of measures to address ground level
ozone pollution in the Pittsburgh-Beaver Valley Area, which has
historically been designated nonattainment for the ozone NAAQS. Since
passage of the CAA in 1990, portions of the Pittsburgh-Beaver Valley
Area have also been designated nonattainment for the daily and annual
averaging period fine particulate matter (PM2.5) NAAQS.
Since the low-RVP gasoline program affects primarily volatile organic
compounds (VOCs) and nitrogen oxides (NOX) emissions, and to
some degree directly emitted PM2.5 emissions, our review of
the removal of this rule focuses on the NAAQS for which these emissions
contribute, either directly or as precursor emissions.
A. The Status of the Pittsburgh-Beaver Valley Area With Respect to the
Ozone NAAQS
On November 6, 1991 (56 FR 56694), EPA designated and classified
the Pittsburgh counties of Allegheny, Armstrong, Beaver, Butler,
Fayette, Washington, and Westmoreland Counties as nonattainment for the
1-hour ozone NAAQS promulgated by EPA in 1979. RVP control was one of a
suite of measures adopted by Pennsylvania to attain and maintain the 1-
hour ozone NAAQS.
On April 9, 2001, Pennsylvania submitted a request to redesignate
the Pittsburgh-Beaver Valley Area to attainment of the 1979 1-hour
ozone NAAQS, along with a maintenance plan to demonstrate that the area
would continue to attain for a 10-year period--a plan which relied, in
part, on emissions reductions attributable to the summertime gasoline
volatility control program. Subsequently, EPA determined that the
Pittsburgh-Beaver Valley Area had attained the 1979 1-hour ozone NAAQS
by its extended attainment date and approved the Commonwealth's 1-hour
redesignation request and maintenance plan SIP revision on November 19,
2001 (66 FR 53094).
On July 18, 1997 (62 FR 38856), EPA issued a revised NAAQS for
ozone, strengthening the primary and secondary standards to 0.080 parts
per million (ppm) and changing the averaging time from 1-hour to 8-
hours. EPA initially designated the Pittsburgh-Beaver Valley Area as
nonattainment for the 1997 NAAQS, under the general part D, subpart 1
provisions of the CAA on July 15, 2004. However, in response to
litigation, EPA later classified several areas, including Pittsburgh-
Beaver Valley, as moderate under the CAA part D, subpart 2 provisions
in May of 2012.\1\
---------------------------------------------------------------------------
\1\ In 2012, EPA finalized revisions to the 2004 Phase 1
Implementation Rule for the 1997 8-hour ozone NAAQS that specified
requirements to meet the 1997 ozone NAAQS. (77 FR 28424, May 14,
2012). The revisions were EPA's response to a December 22, 2006
decision in South Coast Air Quality Management District v. EPA, 472
F.3d 882 (D.C. Cir. 2006), directing EPA to classify areas under
Part D of the CAA. As a result, EPA reclassified the former subpart
1 nonattainment areas, like the Pittsburgh Beaver Valley Area, under
subpart 2. The 1997 8-Hour Ozone NAAQS was eventually revoked on
April 6, 2015, coincident with promulgation of the later 2008 ozone
NAAQS.
---------------------------------------------------------------------------
On April 4, 2013, EPA determined that the Pittsburgh-Beaver Valley
Area had attained the 1997 8-hour ozone NAAQS by its applicable
attainment date (based on air monitoring data for the 2007-2009 period)
and warranted a clean data determination. This latter determination
suspended certain CAA planning requirements for the Area, including
requirements for an attainment demonstration, associated reasonable
further progress plan, contingency measures, reasonably available
control measure (RACM) analysis, and other CAA part D planning
requirements for moderate ozone nonattainment areas, for as long as the
area continued to monitor attainment of the NAAQS.
On March 27, 2008 (73 FR 16436), EPA strengthened the 8-hour NAAQS
from 0.080 to 0.075 ppm in 2008. On March 6, 2015 (77 FR 30088), EPA
designated and classified the Pittsburgh-Beaver Valley Area as marginal
nonattainment for the 2008 8-hour ozone NAAQS. Also on March 6, 2015
(80 FR 12264), EPA published its ozone implementation rule for the 2008
ozone NAAQS in which established the date of July 20, 2016 as a
deadline for attainment of the 2008 NAAQS. On December 6, 2016 (81 FR
87819), EPA determined that the Pittsburgh-Beaver Valley Area had
attained the 2008 ozone NAAQS by that July 20, 2016 deadline.\2\ The
Pittsburgh-Beaver Valley Area continues to attain the 2008 ozone NAAQS
for the most recent 2015-2017 three-year monitoring period.
---------------------------------------------------------------------------
\2\ On February 16, 2018, the D.C. Circuit Court issued an
opinion on the EPA's regulations implementing the 2008 ozone NAAQS,
known as the 2008 Ozone SIP Requirements Rule. South Coast Air
Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018).
The D.C. Circuit Court found certain provisions from the 2008 Ozone
SIP Requirements rule unreasonable including EPA's provision for a
``redesignation substitute.'' The D.C. Circuit Court vacated these
provisions and found redesignations must comply with all required
elements in CAA section 107(d)(3) and thus found the ``redesignation
substitute'' which did not require all items in CAA section
107(d)(3)(E) violated the CAA and was thus unreasonable. The D.C.
Circuit. Court also vacated other provisions relating to anti-
backsliding in the 2008 Ozone SIP Requirements Rule as the Court
found them unreasonable. Id. The D.C. Circuit Court found other
parts of the 2008 Ozone SIP Requirements Rule unrelated to anti-
backsliding and this action reasonable and denied the petition for
appeal on those. Id.
---------------------------------------------------------------------------
On October 1, 2015 (80 FR 65291), EPA promulgated a revised ozone
NAAQS of 0.070 ppm. On November 6, 2017 (82 FR 54232), EPA issued final
2015 ozone NAAQS designations for most U.S. counties, designating all
seven Pittsburgh-Beaver Valley Area counties as ``attainment/
unclassifiable.''
Pennsylvania's May 2, 2018 SIP revision includes EPA's updated
photochemical grid modeling results for the 2008 ozone NAAQS (See
Appendix H), based on updated electric generating unit data for
2017.\3\ This forecast data predicts that the Pittsburgh-Beaver Valley
Area will continue to attain the 2008 ozone NAAQS and maintain
attainment of the 2015 ozone NAAQS by 2023.
---------------------------------------------------------------------------
\3\ EPA Projected 2023 Ozone Design Values for the Pittsburgh-
Beaver Valley Area.
Source: Notice of Availability--Preliminary Interstate Ozone
Transport Modeling Data for the 2015 Ozone NAAQS. Data Spreadsheet
is available at: https://www.epa.gov/sites/production/files/2016-12/2015_o3_naaqs_preliminary_transport_assessment_design_values_contributions.xlsx.
---------------------------------------------------------------------------
[[Page 27904]]
B. The Status of the Pittsburgh-Beaver Valley Area With Respect to the
Fine Particulate Matter NAAQS
On October 17, 2006, EPA published a revised 24-hour
PM2.5 NAAQS (71 FR 61144). On November 3, 2009, EPA
designated the Pittsburgh-Beaver Valley Area as nonattainment for the
2006 PM2.5 NAAQS (74 FR 58688) under CAA part D, subpart 1.
On June 2, 2014, EPA reclassified the Pittsburgh-Beaver Valley Area as
moderate nonattainment under CAA part D, subpart 4 (79 FR 31566),
including all of Beaver, Butler, Washington, and Westmoreland Counties
and portions of Allegheny, Armstrong, Greene, and Lawrence Counties. On
May 2, 2014, EPA determined that the Pittsburgh-Beaver Valley area was
in attainment of the 2006 annual and 24-hour PM2.5 NAAQS
based on 2010-2012 ambient monitoring data (79 FR 25014). On October 2,
2015 (80 FR 59624), EPA approved a request from Pennsylvania to
redesignate the Pittsburgh Area to attainment of the 1997 annual and
2006 24-hour PM2.5 NAAQS.
On January 15, 2015, EPA published a revised annual
PM2.5 NAAQS (79 FR 3086). On April 7, 2015, EPA designated
Allegheny County as moderate nonattainment of the 2012 annual
PM2.5 NAAQS (80 FR 18535).\4\ Allegheny County continues to
be nonattainment for the 2012 annual PM2.5 NAAQS.
---------------------------------------------------------------------------
\4\ This action corrects an initial final designations action
for the 2012 PM2.5 NAAQS, which was signed by EPA on
December 18, 2014 and published January 15, 2015 (80 FR 2206). This
correction included more recently available data for use in
designating certain areas of the country.
---------------------------------------------------------------------------
IV. What is EPA's analysis of the Commonwealth's submittal?
A. Pennsylvania's Estimate of the Impacts of Removing the 7.8 psi RVP
Requirement
EPA's primary consideration for determining the approvability of
Pennsylvania's request to rescind the requirements for a gasoline
volatility control program is whether this requested action complies
with section 110 of the CAA, specifically section 110(l).\5\ Section
110(l) of the CAA requires that a revision to the SIP not interfere
with any applicable requirement concerning attainment and reasonable
further progress (as defined in section 171), or any other applicable
requirement of the CAA. EPA evaluates each section 110(l)
noninterference demonstration on a case-by-case basis considering the
circumstances of each SIP revision. EPA interprets CAA section 110(l)
as applying to all NAAQS that are in effect, including those that have
been promulgated, but for which EPA has not yet made designations.
---------------------------------------------------------------------------
\5\ CAA section 193, with respect to removal of requirements in
place prior to enactment of the 1990 CAA Amendments, is not relevant
because Pennsylvania's RVP control requirements in the Pittsburgh-
Beaver Valley Area were not included in the SIP prior to enactment
of the 1990 CAA amendments.
---------------------------------------------------------------------------
In the absence of an attainment demonstration to demonstrate no
interference with any applicable NAAQS or requirement of the CAA under
section 110(l), EPA believes it is appropriate to allow states to
substitute equivalent emissions reductions to compensate for any change
to a SIP-approved program, if net actual emissions in the air do not
increase. ``Equivalent'' emission reductions mean reductions which are
equal to or greater than those reductions achieved by the control
measure approved in the SIP. To show that compensating emission
reductions are equivalent, modeling or adequate justification must be
provided. The compensating, equivalent reductions must represent real,
new emissions reductions achieved in a contemporaneous time frame to
the change of the existing SIP control measure, in order to preserve
the status quo level of emissions in the air. In addition to being
contemporaneous, the equivalent emissions reductions must also be
permanent, enforceable, quantifiable, and surplus to be approved into
the SIP.
In its May 2, 2018 SIP revision, PADEP includes a section 110(l)
demonstration that uses equivalent emission reductions to offset
``losses'' from emission reductions resulting from the removal of the
SIP approved 7.8 psi RVP summertime gasoline requirement in the
Pittsburgh-Beaver Valley Area of Pennsylvania. Specifically, PADEP
demonstrates the emission reductions associated with the 7.8 psi RVP
fuel requirement will be substituted with equivalent or greater
emissions reductions from: (1) Reductions from an adopted, implemented
Pennsylvania regulation relating to the use and application of
adhesives, sealants, primers, and solvents at 25 Pa. Code Section
129.77 and (2) the permanent shutdown of a facility in the Pittsburgh-
Beaver Valley Area. These substitute emissions are quantifiable,
permanent, surplus, enforceable, and contemporaneous (i.e. occurring at
approximately the same period of this demonstration and/or the
anticipated cessation of the low RVP fuel program). With removal of the
state 7.8 psi summertime RVP requirement, the federal 9.0 psi RVP limit
remains as the applicable requirement.
To determine the emissions impact of removing the 7.8 psi RVP
program requirements in the Pittsburgh-Beaver Valley Area, PADEP
considered first the pollutants that impact any NAAQS that are
controlled through lowering of gasoline RVP: VOCs, NOX, and
direct PM2.5. PADEP's analysis focuses on VOC and
NOX emissions because low RVP requirements were adopted by
the Commonwealth to address the ozone NAAQS and because VOCs and
NOX emissions are the primary precursors for ground-level
ozone formation. Also, NOX, VOC, and direct PM2.5
emissions also contribute to formation of PM2.5. PADEP
limited its analysis to affected portions of the total emissions
inventory for the Pittsburgh-Beaver Valley Area such as the highway
vehicle emissions sector, nonroad vehicle emissions sector, and
gasoline storage and distribution emissions sources within the
stationary point source sector. EPA finds the Commonwealth's analysis
of the affected universe of emissions sources reasonable, as the 7.8
psi RVP gasoline requirement impacts only emission sources that store,
distribute, or combust gasoline. PADEP studied the impacts of low RVP
program removal on the emissions inventory at several points in time
representing a period just prior to removal of the low RVP program
(i.e., 2014), the year of RVP program cessation (i.e., 2018), and a
point five years after RVP program removal (i.e., 2023).
Table 1 summarizes PADEP's estimates of the expected change in
highway vehicle emissions from replacement of the Commonwealth's 7.8
psi summertime low RVP program with the federal 9.0 psi RVP limit. To
generate these estimates, PADEP used the latest version of EPA's Motor
Vehicle Emissions Simulator (MOVES), version MOVES2014a, to
characterize motor vehicle emissions. EPA notes that increasing
gasoline RVP in and of itself no longer results in an increase in
emissions of VOCs in the highway vehicle sector, as increases in VOCs
from evaporative loss and permeation through porous materials are
offset by improved exhaust emissions reductions from improvements in
new motor vehicles (e.g., improved engine control, air/fuel management,
timing management, etc.). Thus, as newer vehicles replace older ones in
the fleet, the VOC benefits from low RVP gasoline for the highway
vehicle sector of the
[[Page 27905]]
area's total emission inventory are reduced.
Table 1--Highway Emissions Comparison Between PADEP's 7.8 psi Low-RVP Program and the Federal RVP Program for the Pittsburgh-Beaver Valley Area
[In tons per day (tpd) and tons per year (tpy)]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2014 2018 2023
--------------------------------------------------------------------------------------------------------------------------------------------
Scenario VOC NOX PM2.5 VOC NOX PM2.5 VOC NOX PM2.5
--------------------------------------------------------------------------------------------------------------------------------------------
tpd tpy tpd tpy tpy tpd tpy tpd tpy tpy tpd tpy tpd tpy tpy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania 7.8 psi RVP Program................... 38.7 14,134 77.1 28,142 902 25.1 9,082 49.4 17,403 614 18.2 6,650 30.4 10,834 430
Federal 9.0 psi RVP Program........................ ....... ....... ....... ....... ......... 25.0 9,040 49.7 17,446 612 18.0 6,604 30.5 10,847 428
Reduction or Increase in Emissions (-) or (+)...... ....... ....... ....... ....... ......... -0.18 -41.4 +0.3 +43.5 -2.0 -0.24 -46.5 +0.09 13.1 -2.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PADEP modelled nonroad emissions using the MOVES NONROAD model,
version 2014a, coupled with the 2014 NEI version 1 emission inventory,
to compile a base year scenario. PADEP assumed this portion of the
inventory would see an increase of three percent of total VOC emissions
from removal of the Commonwealth's 7.8 psi RVP gasoline program. Table
2 summarizes the changes in nonroad vehicle and equipment emissions in
the Pittsburgh-Beaver Valley area from repeal of the state low-RVP
gasoline program.
Table 2--Nonroad Mobile Emissions Comparison Between PADEP's 7.8 psi Low-RVP Program Versus the Federal RVP
Program for the Pittsburgh-Beaver Valley Area
[In tpy and tpd]
----------------------------------------------------------------------------------------------------------------
2014 2018 2023
-------------------------------------------------------------------------------
VOC VOC VOC
-------------------------------------------------------------------------------
tpy tpd tpy tpd tpy
----------------------------------------------------------------------------------------------------------------
Pennsylvania 7.8 psi RVP Program 7,221 37.15 5,684 35.10 5,370
Federal 9.0 psi RVP Program..... .............. 38.15 5,837 36.11 5,525
Reduction or Increase in .............. 1.00 153 1.01 155
Emissions (-) or (+)...........
----------------------------------------------------------------------------------------------------------------
Changes in gasoline RVP produce emissions from not only vehicles
and equipment that store and combust the fuel, but also from
evaporation and permeation from movement, storage, and transportation
of the fuel as part of the gasoline distribution system. These sources
include gasoline refineries and terminals, pipelines, gasoline tanker
trucks, storage tanks, service station tanks, and portable gas cans.
These are a combination of large, point sources of emissions and
smaller area sources. PADEP estimates emissions from these sources by
different means, ranging from use of emission factors (from EPA's AP-42
compendium of emission factors) coupled with activity information (or
surrogates for activity like population) or gasoline sales numbers.
Some larger sources (e.g., refineries and bulk gasoline terminals) are
sufficiently large to be estimated or measured more directly as
discreet sources in the Area's periodic point source emission
inventory. Table 3 contains a summary of PADEP's estimated emissions
from these point and area sources resulting from a change from the
Pennsylvania low-RVP gasoline rule to the federal rule. PADEP assumed
this portion of the inventory would see an increase of three percent of
total VOC emissions from removal of the Commonwealth's 7.8 psi RVP
gasoline program.
Table 3--Gasoline Distribution System Point and Area Sources Increase in
VOC Emissions From Removal of Pennsylvania's 7.8 psi RVP Requirement in
the Pittsburgh-Beaver Valley Area
[In tpy and tpd]
------------------------------------------------------------------------
Point/area source category 2014 NEI VOC (tpy)
------------------------------------------------------------------------
Gasoline Terminals......................... 131.3.
Bulk Plants................................ 74.9.
Tank Truck Transit......................... 10.4.
Service Station Unloading.................. 0.1.
----------------------------
Total 2014 NEI Point Source RVP-Related 216.7.
Emissions.
3% of 2014 Point Emissions, Attributable to 7 tpy
7.8 RVP repeal. (0.02 tpd).
------------------------------------------------------------------------
Table 4 summarizes combined highway mobile, nonroad, and point and
area source emissions impacts from the removal of the Commonwealth's
7.8 psi low-RVP program for the 2018 and 2023 scenarios.
[[Page 27906]]
Table 4--Summary of Combined Emission Impacts From Removal of the 7.8 psi Program in the
Pittsburgh-Beaver Valley Area in 2018 and 2023
[In tpy and tpd]
----------------------------------------------------------------------------------------------------------------
VOC NOX PM2.5
-------------------------------------------------------------------------------
tpy tpd tpy tpd tpy
----------------------------------------------------------------------------------------------------------------
Highway......................... -41.4 -0.18 43.5 0.3 -2.0
Nonroad......................... 153 1 0 0 0
Point/Area...................... 7 -0.02 0 0 0
-------------------------------------------------------------------------------
Total Change in 2018 +119 +0.84 +43.5 +0.3 -2.0
Emissions..................
-------------------------------------------------------------------------------
Highway......................... -46.5 -0.24 13.1 0.09 -2.2
Nonroad......................... 155 1.01 0 0 0
Point/Area...................... 7 0.02 0 0 0
-------------------------------------------------------------------------------
Total Change in 2023 +116 +0.79 +13.1 +0.09 -2.2
Emissions..................
----------------------------------------------------------------------------------------------------------------
Based on our review of the information provided, EPA finds that
PADEP used reasonable methods and the appropriate tools (e.g.,
emissions estimation models, emissions factors, and methodologies) in
estimating the effect on emissions from removing the 7.8 psi RVP
summertime gasoline program. PADEP determined that in 2018 the
emissions increase resulting from removal of the 7.8 psi RVP
requirement (and replacement with the federal 9.0 RVP gasoline program)
would be 0.84 summertime tpd of VOC and 0.3 summertime tpd of
NOX in the Pittsburgh-Beaver Valley Area. PADEP's
demonstration shows that direct emissions of PM2.5 decrease
by 2.0 tpy from removal of the 7.8 psi RVP requirement (and replacement
with the federal 9.0 RVP gasoline program). By 2023, the emissions
impact of removal of the 7.8 psi RVP requirement would slightly
decrease from 2018, to 0.79 tpd of VOCs and 0.09 tpd of NOX,
with direct PM2.5 emissions decreasing slightly more than
2018 estimates.
B. Pennsylvania's Substitution of Alternative Emissions Reduction
Measures for the 7.8 psi Low-RVP Gasoline Program
PADEP has estimated lost and compensating emission reductions for
the year of removal of the Commonwealth's low-RVP gasoline program
(after considering the benefits from replacement with the federal 9.0
RVP gasoline program). PADEP has also estimated emissions impacts in
the year 2023 to examine the future impacts of removal of the 7.8 psi
state summertime RVP requirement. To compensate for the emissions
impact of repeal of this requirement in the Pittsburgh-Beaver Valley
Area, PADEP has analyzed the emission benefits associated with two
substitute measures previously implemented but not ``claimed'' in any
prior SIP attainment plan (under CAA section 172) for the Commonwealth.
These measures are: (1) Overcontrol of VOC emissions from
Pennsylvania's adhesives rule (25 Pa. Code Sec. 129.77) and (2)
unclaimed creditable emissions reductions associated with the permanent
closure in 2015 of a glass manufacturing facility in Allegheny County,
Guardian Industries Jefferson Hills facility.
1. Pennsylvania's Adhesives, Sealants, Primers, and Solvents Rule
Pennsylvania adopted emissions limits for adhesives and sealants
consistent with the Ozone Transport Commission (OTC) model rule
covering 37 categories of products, on December 24, 2010 (40 Pa. B.
7340). On June 25, 2015 (80 FR 36482), EPA approved the adhesives rule
(25 Pa. Code Section 129.77) into the Pennsylvania SIP. Although this
measure was implemented prior to the Commonwealth's repeal of the 7.8
psi low-RVP gasoline program, the emissions reductions from the
adhesives rule have not previously been ``credited'' in any attainment,
reasonable further progress, redesignation, or maintenance plan SIP for
any NAAQS. PADEP has quantified the reductions from the OTC adhesives
model rule using studies performed by the California Air Resources
Board (CARB), upon which the OTC model rule was derived. As an area
source measure, PADEP relied upon population based, per capita emission
reduction estimates for the 7-county Pittsburgh-Beaver Valley Area.
PADEP extrapolated its per capita emission factor estimate prepared
when it adopted the adhesives rule (based on 2009 area population) by
population data for 2014, 2018, and 2023. For purposes of comparison to
the low-RVP rule, PADEP seasonally adjusted its original estimate for
the adhesives rule (based on a 3-month June-August summer season) to
reflect the longer low-RVP gasoline summertime season (i.e., 5-month
May-September control season). Table 5 summarizes the daily and annual
VOC emissions benefit provided by the adhesives rule.
Table 5--Summary of Pennsylvania's Adhesives Rule VOC Emission Reduction Estimates
for 2014, 2018, and 2023
----------------------------------------------------------------------------------------------------------------
2014 2018 2023
----------------------------------------------------------------------------------------------------------------
Projected Pittsburgh-Beaver Valley Area Population (persons).... 2, 358,096 2,346,571 2,338,002
PADEP Adhesives Rule VOC Annual Reduction Emission Factor (tons 4.96 x 10-4 4.96 x 10-4 4.96 x 10-4
per person per year)...........................................
PADEP Adhesives Rule VOC Daily Reduction Emission Factor (tons 1.36 x 10-6 1.36 x 10-6 1.36 x 10-6
per person per day)............................................
VOC Reduction from PADEP Adhesives Rule (in tpy)................ 1,169 1,163 1,159
VOC Reduction from PADEP Adhesives Rule (in tpd)................ 3.21 3.20 3.19
----------------------------------------------------------------------------------------------------------------
[[Page 27907]]
2. Shutdown of Guardian Industries Jefferson Hills Facility
To further aid in offsetting emission reductions lost from the
removal of the summertime 7.8 psi low-RVP gasoline requirement (after
replacement with the federal 9.0 RVP gasoline program), PADEP is
relying upon emission reductions from the permanent closure of a
Guardian Industries Corporation glass manufacturing facility located in
Jefferson Hills, Allegheny County (Facility ID 4200300342). This
facility ceased operations in August 2015, and Guardian Industries did
not request that potentially creditable emission reductions be
preserved in the inventory within the one year deadline for doing so
under 25 Pa. Code Chapter 127, Subchapter E (relating to emission
reduction credit generation under Pennsylvania's new source review
(NSR) program). Having missed the legal deadline for doing so, the
associated emission reductions from the facility shutdown can no longer
be used by any facility for complying with the NSR program.
Pennsylvania asserts the reductions have not been used and cannot be
used in the future by Pennsylvania to meet any other obligation,
including attainment demonstration, facility emission limitation,
reasonable further progress, or maintenance plan requirements for the
area. The facility has been permanently closed and the emission source
removed. The plan approvals and operating permits for the facility are
no longer valid. Any new source at this facility would be subject to
NSR permitting provisions (including securing emission offsets as
required by CAA and Pennsylvania SIP) and would not be able to use any
emission reductions from this closure for permitting purposes.
To quantify emission reductions from the Guardian Industries
Jefferson Hills facility shutdown, PADEP applied requirements from
Pennsylvania's creditable emissions decrease provisions for
applicability determination under the NSR program (25 Pa. Code Section
127.203a), used for calculation of lookback periods and baseline credit
determinations for emission reduction credit generation. Table 6
summarizes PADEP's estimate of creditable emission reductions from the
Guardian Industry Jefferson Hills facility for use in partially
offsetting the removal of the 7.8 psi RVP gasoline program.
Table 6--Summary of Emission Reductions From the Permanent Shutdown of
Guardian Industries Jefferson Hills Facility
------------------------------------------------------------------------
Permanent emission offsets for 24- Offsets
month annual average (August Pollutant Offsets (in (in
2013-July 2015) tpy) tpd)
----------------------------------------------------------------- ---------
NOX.............................. 625 1.8
VOC.............................. 13.8 0.04
PM2.5............................ 26.5 N/A
------------------------------------------------------------------------
C. Comparison of Emissions Impacts From Removal of the Commonwealth's
7.8 psi RVP Gasoline Program and the Uncredited Emission Reductions
From Substitute Measures
Pennsylvania is relying upon NOX, VOC, and
PM2.5 emission reductions from its adoption of the OTC model
adhesives rule and from the shutdown of Guardian Industries Jefferson
Hills glass manufacturing facility in Allegheny County to offset the
emissions impact of removing the Commonwealth's summertime gasoline
volatility control rule and to support that its argument that removal
of 7.8 psi RVP requirement from the SIP will not interfere with
attainment of any NAAQS. Pennsylvania has elected to adjust upward by
25 percent its estimates for the emission impact of the removal of the
7.8 psi RVP gasoline program (as shown in Table 4), to account for
uncertainty in its calculation of the estimates for the emissions
benefits from that program. Table 7 summarizes the Pittsburgh-Beaver
Valley Area emissions increases from repeal of the low-RVP gasoline
program compared to the emissions benefits resulting from the
alternative emission reduction measures.
Table 7--Summary of Pittsburgh-Beaver Valley Impacts From Removal of the 7.8 psi Gasoline Volatility Program
Compared to Emissions Benefits From Alternative Measures
[In 2018 and 2023]
----------------------------------------------------------------------------------------------------------------
VOC NOX PM2.5
----------------------------------------------------------------------
tpy tpd tpy tpd tpy tpd
------------------------------------------------------------------------------------------------------------- -----
2018:
Change in Emissions from RVP Rule Repeal 119 0.84 43.5 0.3 -2.0
6......................................
Emission Adjustment to RVP Change 30 0.21 11 0.08 -2.0
Estimate (25% increase)................
-------------------------------------------------------------------
Total Emissions Requiring Offset.... 149 1.05 54.5 0.38 ...........
Adhesives Rule Reductions for Offset.... 1,163 3.2 0 0 0
Facility Shutdown Reductions for Offset. 13.8 0.04 625 1.8 26.5
-------------------------------------------------------------------
Total Available Offset Emissions.... 1,177 3.24 625 1.8 28.5
Surplus Reductions After Offset (Total 1,029 2.19 570.5 1.0 28.5
Emissions Requiring Offset--Total
Available Offsets).....................
2023:
Change in Emissions from RVP Rule Repeal 116 0.79 13.1 0.09 -2.0
7......................................
Emission Adjustment to RVP Change 29 0.20 3.3 0.02 ...........
Estimate (25% increase)................
-------------------------------------------------------------------
Total Emissions Requiring Offset.... 144 0.99 16.4 0.11 -2.0
Adhesives Rule Reductions for Offset.... 1,159 3.19 0 0 0
[[Page 27908]]
Facility Shutdown Reductions for Offset. 13.8 0.04 625 1.8 26.5
-------------------------------------------------------------------
Total Available Offset Emissions.... 1,173 3.23 625 1.8 28.5
Surplus Reductions After Offset (Total 1,029 2.24 608.6 1.69 28.5
Emissions Requiring Offset--Total
Available Offsets).....................
----------------------------------------------------------------------------------------------------------------
As indicated in Table 7, Pennsylvania has a surplus of VOC,
NOX, and PM2.5 emission reductions from the
alternative emission reduction measures after offsetting the emissions
reductions lost from repeal of the Commonwealth's low-RVP gasoline
program, in both 2018 (the year of repeal of the low-RVP gasoline
program) and in the 2023 future case. Although not needed to offset the
low-RVP gasoline rule, PADEP is electing to retire all emissions
reductions from the facility shutdown and will not use them for any
future NSR program purposes. These surplus emission reductions, not
previously claimed for any SIP-approved plan, will help to ensure that
removal of the low-RVP gasoline program will not interfere with any
NAAQS for the Pittsburgh-Beaver Valley Area.
---------------------------------------------------------------------------
\6\ This increase (or decrease) in emissions is the net emission
change when comparing the Commonwealth's 7.8 psi requirement for the
Pittsburgh-Beaver Valley Area to the federal 9.0 psi RVP program
requirement that will remain upon removal of the Commonwealth's
program.
\7\ This increase (or decrease) in emissions is the net emission
change when comparing the Commonwealth's 7.8 psi requirement for the
Pittsburgh-Beaver Valley Area to the federal 9.0 psi RVP program
requirement that will remain upon removal of the Commonwealth's
program.
---------------------------------------------------------------------------
EPA believes that the removal of the 7.8 psi low RVP fuel program
requirements in the Pittsburgh-Beaver Valley Area does not interfere
with Pennsylvania's ability to demonstrate compliance with any of the
ozone or PM2.5 NAAQS, which could potentially have been
impacted by the NAAQS pollutant precursors that are the subject of the
SIP revision. EPA's analyses of the Commonwealth's SIP revision for CAA
110(l) impact is supported by its use of alternate emission reduction
measures that ensure permanent, enforceable, contemporaneous, surplus
emissions reductions are achieved within the Pittsburgh-Beaver Valley
Area which far exceed the slight increase in NOX and VOC
pollutants from the removal of low RVP fuel especially as Pennsylvania
is still subject to the federal RVP fuel requirement of 9.0 psi. Based
on Pennsylvania's CAA 110(l) analysis showing surplus emission
reductions (see Table 7), EPA has no reason to believe that the removal
of the low RVP fuel requirements in the Pittsburgh-Beaver Valley area
will negatively impact the area's ability to attain or maintain any
NAAQS including specifically ozone and PM2.5 or interfere
with reasonable further progress. In addition, EPA believes that
removing the 7.8 psi low RVP program requirements in the Pittsburgh-
Beaver Valley Area will not interfere with any other CAA requirement as
the Area will remain subject to the federal low RVP fuel requirements.
V. Impacts on the Boutique Fuels List
Section 1541(b) of the Energy Policy Act of 2005 required EPA, in
consultation with the U.S. Department of Energy, to determine the
number of fuels programs approved into all SIPs as of September 1, 2004
and to publish a list of such fuels. On December 28, 2008 (71 FR
78192), EPA published the list of boutique fuels. EPA maintains the
current list of boutique fuels on its website at: https://www.epa.gov/gasoline-standards/state-fuels. The final list of boutique fuels was
based on a fuel type approach. CAA section 211(c)(4)(C)(v)(III)
requires that EPA remove a fuel from the published list if it is either
identical to a federal fuel or is removed from the SIP in which it is
approved. Under the adopted fuel type approach, EPA interpreted this
requirement to mean that a fuel would have to be removed from all SIPs
in which it was approved in order for it to be removed from the list.
(71 FR 78195).
The 7.8 psi RVP fuel program (as required by Pa. Code Chapter 126,
Subchapter C), as approved into Pennsylvania's SIP, is a fuel type that
is included in EPA's boutique fuel list (71 FR 78198-99; https://www.epa.gov/gasoline-standards/state-fuels). The specific counties in
the Pittsburgh-Beaver Valley Area where summer low RVP gasoline is
required are identified on EPA's Gasoline Reid Vapor Pressure web page
(https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure).
Subsequent to the final effective date of EPA's approval of
Pennsylvania's May 2, 2018 SIP revision to remove Pennsylvania's
Chapter 126, Subchapter C RVP requirement from the SIP, EPA will update
the State Fuels and Gasoline Reid Vapor Pressure web pages with the
effective date of the SIP removal. However, the entry for Pennsylvania
will be not be completely deleted from the list of boutique fuels, as
Allegheny County remains subject to a separate, SIP-approved 7.8 psi
RVP gasoline requirement of ACHD's Rules and Regulations, Article XXI,
pending future action by ACHD to repeal that rule and submit a formal
SIP revision requesting its repeal from the Pennsylvania SIP. This
deletion of Armstrong, Beaver, Butler, Fayette, Washington, and
Westmoreland Counties from the list will not result in an opening on
the boutique fuels list because the 7.8 psi RVP fuel type remains for
one Pennsylvania County, and in other state SIPs.
VI. What action is EPA taking?
EPA is approving Pennsylvania's May 2, 2018 SIP revision to remove
the low RVP fuel requirements at 25 Pa. Code Chapter 126, Subchapter C
from the Pennsylvania SIP. With this action, EPA is also approving the
Commonwealth's supporting CAA 110(l) demonstration in its May 2, 2018
submission that removal of the low RVP gasoline program does not
interfere with the Commonwealth's ability to attain or maintain any
NAAQS in the Pittsburgh-Beaver Valley Area. Our approval of the May 2,
2018 SIP submittal is in accordance with CAA requirements in section
110, including section 110(l) specifically.
EPA's approval of the May 2, 2018 Pennsylvania SIP revision does
not remove the separate SIP requirement applicable requiring use of 7.8
psi RVP gasoline during summertime months in Allegheny County, under
requirements set forth in Article XXI, Rules and
[[Page 27909]]
Regulations of the ACHD, which were approved by EPA as part of the
Commonwealth's SIP on April 17, 2001 (66 FR 19724). PADEP will submit a
SIP revision, at a later date, on behalf of ACHD to remove or otherwise
amend the separate Allegheny County low RVP gasoline program rule.
Neither ACHD's rule nor the related approved Pennsylvania SIP for
Article XXI are the subject of this action or the Pennsylvania May 2,
2018 low RVP gasoline SIP revision.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on August 14, 2018 without further notice
unless EPA receives adverse comment by July 16, 2018. If EPA receives
adverse comment, EPA will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect. EPA
will address all public comments in a subsequent final rule based on
the proposed rule. EPA will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time.
VII. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 14, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action to remove from the Pennsylvania SIP
requirements for low RVP fuel for the Pittsburgh Area may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 6, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by
removing the title and entries for ``Subchapter C--Gasoline Volatility
Requirements'' under Title 25, Chapter 126 Standard for Motor Fuels.
[FR Doc. 2018-12703 Filed 6-14-18; 8:45 am]
BILLING CODE 6560-50-P
