Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Removal of Allegheny County Requirements Applicable to Motor Gasoline Volatility in the Allegheny County Portion of the Pittsburgh-Beaver Valley Area, 17762-17768 [2019-08156]
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Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
amozie on DSK9F9SC42PROD with PROPOSALS
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or his designated on-scene
representative.
(2) This safety zone is closed to all
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(3) The ‘‘on-scene representative’’ of
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(4) Vessel operators desiring to enter
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Vessel operators given permission to
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them by the Captain of the Port Buffalo,
or his on-scene representative.
Dated: April 22, 2019.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 2019–08402 Filed 4–25–19; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
■
2. Add § 165.T09–0211 to read as
follows:
[EPA–R03–OAR–2019–0144; FRL–9992–
63—Region 3]
§ 165.T09–0211 Safety Zone; Cuyahoga
50th Parade of Lights; Cuyahoga River,
Cleveland, OH.
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Removal of Allegheny
County Requirements Applicable to
Motor Gasoline Volatility in the
Allegheny County Portion of the
Pittsburgh-Beaver Valley Area
(a) Location. The moving safety zone
will encompass all waters within 25 feet
of the vessels participating in the
Cleveland 50th Parade of Lights in the
Cuyahoga River. The safety zone will
move with participating vessels as they
transit from the mouth of the Cuyahoga
River in the vicinity of position
41°29′59″ N, 081°43′31″ W, to Merwin’s
Wharf in the vicinity of 41°29′23″ N,
081°42′16″ W, and returning to the
mouth of the Cuyahoga River in the
vicinity of 41°29′59″ N, 081°43′31″ W
(NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced on June 22, 2019 from 9:15
p.m. until 11:15 p.m.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23, entry into,
transiting, or anchoring within this
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40 CFR Part 52
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania, on behalf of the
Allegheny County Health Department
(ACHD), on March 19, 2019. This
revision seeks removal from the
Pennsylvania SIP of Allegheny County
requirements limiting summertime
gasoline volatility to 7.8 pounds per
square inch (psi) Reid Vapor Pressure
(RVP), which were originally adopted to
SUMMARY:
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reduce ozone precursor pollution to
address nonattainment of the 1-hour
ozone national ambient air quality
standard (NAAQS) in the Allegheny
County portion of the PittsburghBeavery Valley ozone nonattainment
area (hereafter referred to as the
Pittsburgh-Beaver Valley Area). In
December 2018, EPA issued a final
approval of the Pennsylvania
Department of Environmental
Protection’s (PA DEP) request to remove
from the SIP the PA DEP requirements
limiting the summer RVP of gasoline in
the Pittsburgh-Beaver Valley Area. As
part of that action, EPA also approved
the accompanying demonstration
prepared by Pennsylvania that shows
that the emission impacts from removal
of the program will not interfere with
the area’s ability to attain or maintain
any NAAQS. EPA is proposing that this
prior approved noninterference
demonstration also serves to support
Pennsylvania’s request to remove the
separate program imposed by Allegheny
County requiring summer 7.8 psi RVP
gasoline and that removal of this
substantially similar, local low-RVP
program will not interfere with the
area’s ability to attain or maintain the
NAAQS. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before May 28, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2019–0144 to 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
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The written comment is considered the
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methods, please contact the person
identified in the ‘‘For Further
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making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, Planning and
Implementation Branch (3AD30), Air
and Radiation Division, U.S.
Environmental Protection Agency,
Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2176.
Mr. Rehn can also be reached via
electronic mail 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 of this action is arranged as
follows:
I. Background
A. Federal Gasoline Volatility Controls
Under the CAA
B. History of State and Local Gasoline
Volatility Controls Applicable to the
Pittsburgh-Beaver Valley Area
II. What Prompted ACHD to suspend gasoline
locally adopted volatility requirements
applicable to Allegheny County?
A. Pennsylvania Legislature Directs PA
DEP To Suspend State Gasoline
Volatility Controls Applicable to the
Pittsburgh-Beaver Valley Area
B. ACHD Amendment of Allegheny County
Gasoline Volatility Requirements Rule
To Suspend Local RVP Requirements
Applicable to Allegheny County
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?
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 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. That
rule, referred to as Federal Phase I RVP
standards, constituted the first phase of
a two-phase nationwide program that
was designed to reduce the volatility of
commercial gasoline during the high
ozone season. Depending on the state
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and month, Federal Phase I gasoline
RVP was not to exceed 10.5 psi, 9.5 psi,
or 9.0 psi between calendar years 1989
through 1991. On June 11, 1990 (55 FR
23658), EPA promulgated more
stringent Phase II Federal gasoline
volatility standards. These requirements
established maximum RVP standards of
9.0 psi or 7.8 psi, depending on the state
location and the area’s initial ozone
attainment designation with respect to
the 1-hour ozone NAAQS. Phase II was
applicable starting in 1992 and remains
in effect, except in areas that have more
stringent SIP-approved RVP control
programs in place. These Federal
volatility regulations are codified at 40
CFR 80.27, with the delineation
between areas designated as Federal 9.0
psi RVP volatility attainment areas
codified at 40 CFR 80.27(a)(2)(i), and
those areas designated as Federal 7.8 psi
RVP volatility nonattainment areas at 40
CFR 80.27(a)(2)(ii).
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.
Under Federal Phase II gasoline
volatility requirements, which were
promulgated 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
RVP above 9.0 psi in all areas
designated attainment for ozone. Under
the revised Phase II standards published
on June 11, 1990 (55 FR 23658), areas
are subject to either a 9.0 psi RVP
standard, or to a newly added 7.8 psi
ozone season limitation applicable to
some states.
Under these Federal Phase II RVP
requirements, the Commonwealth of
Pennsylvania was required to meet a
Federal 9.0 psi RVP standard during the
summer RVP control period—except for
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).
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However, Pennsylvania and
Allegheny County were later granted a
Federal ‘‘preemption waiver’’ under
authority of CAA section 211(c)(4)(C),
which allows a state to adopt their own
more stringent, state-specific fuel
program (or ‘‘boutique’’ fuel program) as
part of the Federally-approved SIP. It
was this Federal fuel preemption waiver
that enabled Pennsylvania (and
Allegheny County) to adopt a more
stringent gasoline volatility program in
the Pittsburgh-Beaver Valley area, as
described in more detail in this
rulemaking action.
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B. History of State and Local Gasoline
Volatility Controls Applicable to 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, which included:
Allegheny, Armstrong, Beaver, Butler,
Fayette, Washington, and Westmoreland
Counties. As one of a number of
measures aimed to bring the PittsburghBeaver Valley Area into ozone
attainment, Pennsylvania adopted
(among other measures) gasoline RVP
limits, through separate but
substantially similar PA DEP and ACHD
rules limiting summertime gasoline
volatility in the Pittsburgh-Beaver
Valley Area to 7.8 psi RVP. PA DEP
initially adopted a gasoline RVP limit
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 approved 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).
As the local air pollution control
agency for Allegheny County, the ACHD
subsequently adopted a substantially
similar summertime gasoline volatility
limit rule (Allegheny County Order No.
16782, Article XXI, sections 2102.40,
2105.90, and 2107.15; effective May 15,
1998, amended August 12, 1999). On
March 23, 2000, PA DEP formally
submitted a SIP revision to EPA (on
behalf of ACHD) to incorporate ACHD’s
gasoline RVP summertime requirements
identified above into the Pennsylvania
SIP. EPA approved that SIP revision,
establishing an independent ACHD
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gasoline RVP limit, on April 17, 2001
(66 FR 19724), effective June 18, 2001.
PA DEP amended its RVP limit rule
in April 2017 to suspend summertime
gasoline RVP limits, formerly applicable
to all seven counties in the PittsburghBeaver Valley Area.1 ACHD
subsequently revised its own RVP limit
rule (Article XXI, §§ 2105.90, and
2107.15 of the Rules and Regulations of
the Allegheny County Health
Department; amended February 21,
2019, effective March 3, 2019),
suspending applicability of ACHD’s
RVP requirements upon the effective
date of EPA’s removal of the revised
Article XXI sections from the Allegheny
County portion of the Pennsylvania SIP.
On March 19, 2019, PA DEP submitted
this SIP revision (on behalf of ACHD) to
EPA to request removal of the ACHD’s
RVP rule requirements from the
Pennsylvania SIP. This request to
remove the ACHD RVP program
requirements from the SIP is the subject
of EPA’s current rulemaking action.
II. What prompted ACHD to suspend
locally adopted gasoline volatility
requirements applicable to Allegheny
County?
A. Pennsylvania Legislature Directs PA
DEP To Suspend State Gasoline
Volatility Controls Applicable to the
Pittsburgh-Beaver Valley Area
In the 2013–14 session, the
Pennsylvania General Assembly passed,
and Governor Corbett signed into law,
Act 50 (Pub. L. 674, No. 50 of May 14,
2014), that amended the Pennsylvania
Air Pollution Control Act to direct PA
DEP to initiate a process to repeal PA
DEP’s Pittsburgh-Beaver Valley Area
gasoline RVP requirements. That
process culminated with PA DEP’s
submission on May 2, 2018 of a SIP
revision requesting that EPA remove
from the Pennsylvania portion of the
SIP the Pa. Code RVP provisions of
Chapter 126, Subchapter C gasoline RVP
limits and also approve PA DEP’s CAA
110(l)-required noninterference
demonstration showing that repeal of
PA DEP’s RVP requirements would not
interfere with the Pittsburgh-Beaver
Valley Area’s attainment of any
1 See Pa Code, Title 26, Chapter 126, Subchapter
C (relating to motor vehicle and fuels programs,
gasoline volatility requirements), effective January
22, 2019. (Pa Bulletin, Vol. 48, No. 14; April 7,
2018). This rule amended § 126.301 (relating to
compliant fuel requirement) to make Chapter 126,
Subchapter C no longer applicable to the
Pittsburgh-Beaver Valley Area upon the effective
date of approval by EPA of the removal of Chapter
126, Subchapter C as a Federally-enforceable
control measure in the Commonwealth’s SIP. EPA
approved Pennsylvania’s SIP request to remove the
PA DEP RVP requirements of Chapter 126 in a final
rule published December 20, 2018 (83 FR 65301).
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NAAQS. Pennsylvania’s analysis
showed that the emissions impact from
repeal of the 7.8 psi RVP summer limit
(to be replaced by the Federal 9.0 psi
summertime gasoline RVP requirement)
would be fully offset through
substitution of commensurate benefits
from another enacted emission
reduction measure reducing emissions
from area sources in the PittsburghBeaver Valley Area, as well as
reductions from permanent shutdown of
a glass manufacturing facility in
Allegheny County. For further
information on the Commonwealth’s
supporting demonstration showing
removal of the RVP program from the
Pittsburgh-Beaver Valley Area will not
interfere with the area’s ability to meet
Federal NAAQS, as well as EPA’s
analysis of that demonstration, please
refer to EPA’s December 20, 2018 (83 FR
65301) final rule approving
Pennsylvania’s removal of PA DEP’s
Chapter 126 low-RVP program from the
seven counties comprising the
Pittsburgh-Beaver Valley Area and the
docket for that action.
B. ACHD Amendment of Allegheny
County Gasoline Volatility
Requirements Rule To Suspend Local
RVP Requirements Applicable to
Allegheny County
ACHD subsequently revised its own
RVP limit rule (Article XXI, §§ 2105.90,
and 2107.15 of the Rules and
Regulations of the Allegheny County
Health Department; amended February
21, 2019, effective March 3, 2019),
suspending applicability of ACHD’s
gasoline RVP requirements upon the
effective date of EPA’s removal of the
revised Article XXI sections from the
Allegheny County portion of the
Pennsylvania SIP.
The revised ACHD gasoline volatility
regulation contains an added provision
suspending the requirements that ban
the sale or transfer of gasoline in
Allegheny County non-compliant with a
7.8 psi RVP limit (between May 1
through September 15). Per ACHD’s
revised rule (as amended February 21,
2019), the County’s 7.8 psi summer
limit and related requirements (at
Article XXI, §§ 2105.90 and 2107.15)
will no longer be applicable upon the
effective date of EPA’s final action
approving removal of the RVP program
from the Allegheny County portion of
the Pennsylvania SIP. Upon the
effective date of EPA final action to
approve the Commonwealth’s request to
remove the Allegheny County 7.8 psi
RVP program requirements from the
SIP, all state and local RVP limits for the
Pittsburgh-Beaver Valley would be
rescinded, reverting the entire
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Pittsburgh-Beaver Valley Area to the
applicable Federal Phase II RVP
requirements.2
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 consideration of the
impact of removal of this rule on air
quality focuses primarily on those
NAAQS to which emission from this
program contribute (either directly or as
NAAQS precursor emissions).
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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 1hour ozone NAAQS promulgated by
EPA in 1979. 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 7.8 psi RVP
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
2 See EPA’s Phase II Volatility Regulations
published June 11, 1990 (55 FR 23658), as amended
December 12, 1991 (56 FR 64704). EPA amended
Federal Phase II volatility regulations to make them
consistent with CAA section 211(h), prohibiting the
sale of gasoline (beginning in 1992) with RVP above
9.0 psi in all areas designated attainment for ozone.
For areas designated nonattainment, the regulations
retained the original Phase II standards established
by the June 1990 Phase II rule.
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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.
In May of 2012, EPA classified the
Pittsburgh-Beaver Valley Area as
moderate nonattainment under section
181 of the CAA.3 On April 4, 2013, EPA
determined that the Pittsburgh-Beaver
Valley Area had attained the 1997 8hour 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. On May 21,
2012 (77 FR 30088), EPA designated and
classified the Pittsburgh-Beaver Valley
Area as marginal nonattainment for the
2008 8-hour ozone NAAQS. On March
6, 2015 (80 FR 12264), EPA published
its ozone implementation rule for the
2008 ozone NAAQS, which established
the date of July 20, 2016 as the deadline
for marginal areas to attain the 2008 8hour ozone 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.4 The
3 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.
4 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
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Pittsburgh-Beaver Valley Area continues
to attain the 2008 ozone NAAQS for the
most recent 2016–2018 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 April 19, 2019 SIP
submittal for removal of the RVP
program in Allegheny County relies
upon a demonstration of
noninterference, per the requirements of
CAA section 110(l), that was originally
submitted by PA DEP as part of its May
2, 2018 SIP revision for removal of the
state RVP program in the larger
Pittsburgh-Beaver Valley Area—a
substantially similar state RVP
requirements rule that geographically
overlaps Allegheny County’s rule. EPA
approved Pennsylvania’s May 2, 2018
SIP noninterference demonstration as
part of our December 20, 2018 approval
of that SIP revision (83 FR 65301). This
SIP-approved 110(l) demonstration
includes EPA updated photochemical
grid modeling results for the 2008 ozone
NAAQS (See Appendix H of
Pennsylvania’s May 2, 2018 SIP
revision, which is also appended for
reference as Appendix H to the March
19, 2019 SIP requesting removal of
Allegheny County’s RVP program),
based on updated electric generating
unit data for 2017.5 This forecast data
predicts that the Pittsburgh-Beaver
Valley Area will continue to attain the
2008 ozone NAAQS and will remain in
attainment of the 2015 ozone NAAQS
by 2023.
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
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.
5 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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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-Beaver
County Area to attainment of the 1997
annual and 2006 24-hour PM2.5 NAAQS.
On January 15, 2013, EPA published
revised annual and 24-hour PM2.5
NAAQS (78 FR 3086). On April 7, 2015,
EPA designated Allegheny County as
moderate nonattainment of the 2012
annual PM2.5 NAAQS (80 FR 18535).6
Allegheny County continues to be
nonattainment for the 2012 annual
PM2.5 NAAQS.
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IV. What is EPA’s analysis of the
Commonwealth’s submittal?
State/local control of motor gasoline
is preempted by CAA section
211(c)(4)(A), except in cases where EPA
has granted a preemption waiver under
211(c)(4)(B) or (C) as part of a SIP
approval. As such a SIP-approved,
Federally preempted CAA 211(c)(4)
‘‘boutique fuel’’ program, Allegheny
County’s RVP control program is not a
mandatory measure required to address
nonattainment under Part D of
Subchapter 1 of the CAA. Nor are
boutique fuels subject to ‘‘antibacksliding’’ as it relates to a revoked
NAAQS (e.g., the 1979 1-hour or 1997
ozone NAAQS) in the case where EPA
adopts a more stringent NAAQS (e.g.,
the 2015 ozone NAAQS), since state/
locally-adopted boutique fuels are not
an ‘‘applicable requirement’’ that must
be retained as a SIP obligation (in
certain situations) where a NAAQS has
been revoked by EPA.7 Nor does section
CAA section 193, applicable to pre-1990
implemented or required rules, apply
because this boutique fuel rule was
6 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.
7 For instance, in the case of the 2008 Ozone
Implementation Rule (40 CFR part 51, subpart AA),
applicable requirements for purposes of antibacksliding are defined at 40 CFR 51.1100(o).
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neither required or enacted prior to that
date.
Therefore, 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).8 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 SIP revision
for CAA 110(l) noninterference
compliance on an individual basis. EPA
interprets CAA section 110(l) as
applying to all NAAQS that are in effect,
including those that have been
promulgated, but for which EPA has not
yet made designations.
In the absence of an attainment
demonstration that shows 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 potential emission
increases caused by a change to a SIPapproved program, so long as net actual
emissions to 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,
which in this case is 7.8 psi RVP
gasoline. To show that compensating
emission reductions are equivalent,
modeling or adequate justification must
be provided. The compensating,
equivalent or greater 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, PA
DEP submitted a section 110(l)
demonstration that relies upon emission
reductions from another emission
control measure (and a permanently
shutdown stationary source) to fully
8 CAA section 193, with respect to removal of
requirements in place prior to enactment of the
1990 CAA Amendments, is not relevant because
Pennsylvania’s RVP control requirements in the
Pittsburgh-Beaver Valley Area were not included in
the SIP prior to enactment of the 1990 CAA
amendments.
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offset any potential increase in
emissions that would otherwise result
from removal of the SIP approved 7.8
psi RVP summertime gasoline
requirement in the Pittsburgh-Beaver
Valley Area. Specifically, PA DEP
demonstrated that emission reductions
in the Pittsburgh-Beaver Valley Area
from the 7.8 psi RVP program are fully
offset by: (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 PittsburghBeaver Valley Area. The substitute
emissions reduction measures were
demonstrated to be quantifiable,
permanent, surplus, enforceable, and
contemporaneous (i.e. occurring at
approximately the same time as
cessation of the low-RVP fuel program).
Upon removal of the state 7.8 psi
summertime RVP program, the Federal
9.0 psi RVP limit becomes the
applicable fuel volatility control
program in the Area.
EPA approved the Commonwealth’s
CAA 110(l) noninterference
demonstration supporting removal of
the 7.8 psi RVP gasoline program in the
Pittsburgh-Beaver Valley Area on
December 20, 2018 (83 FR 65301). The
PA DEP’s 7.8 psi RVP control program
for the entire Pittsburgh-Beaver Valley
Area (under Pa Code Chapter 126) is
similar in legal substance to that of
Allegheny County’s 7.8 psi RVP
program (under Article XXI of the
County’s Rules and Regulations).
Because of the similarity of the two
programs, the March 19, 2019 SIP
revision requesting removal of ACHD’s
7.8 psi RVP program from the SIP relies
upon the Commonwealth’s prior
approved noninterference
demonstration to show that removal of
the ACHD program will not interfere
with attainment (or other CAA
applicable requirements) of any NAAQS
in the Pittsburgh-Beaver Valley Area.
The March 19, 2018 SIP revision
contains a copy of the PA DEP’s earlier
demonstration, for reference, without
changing the substance of that prior
demonstration. Because of the similarity
between the ACHD county low-RVP rule
and the areawide PA DEP low-RVP rule,
EPA agrees with this approach to
demonstrating that removal of ACHD’s
7.8 psi RVP program for Allegheny
County will not require additional
evaluation for CAA 110(l)
noninterference beyond the showing
made by PA DEP for the 7.8. psi RVP
program suspension in the PittsburghBeaver Valley Area.
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portion of the Commonwealth’s SIP—
including Part E, Subpart 9, section
Section 1541(b) of the Energy Policy
2105.90 (related to gasoline volatility)
Act of 2005 required EPA, in
and Part G, section 2107.15 (related to
consultation with the U.S. Department
test methods for gasoline RVP).
of Energy, to determine the number of
EPA is proposing to remove
fuels programs approved into all SIPs as
Allegheny County’s 7.8 psi RVP
of September 1, 2004 and to publish a
requirements from the approved SIP, as
list of such fuels. On December 28, 2006
codified at 40 CFR 52.2020(c)(2). This
(71 FR 78192), EPA published the list of
proposed removal from the approved
boutique fuels, as it existed at that time.
Pennsylvania SIP is supported by a CAA
EPA maintains the current list of
noninterference demonstration prepared
boutique fuels on its website at: https:// by PA DEP in support of the May 2018
www.epa.gov/gasoline-standards/stateSIP revision that requested removal of
fuels. The final list of boutique fuels was the Commonwealth’s 7.8 psi RVP
based on a fuel type approach. CAA
program in the larger Pittsburgh-Beaver
section 211(c)(4)(C)(v)(III) requires that
Valley Area—the removal of which EPA
EPA remove a fuel from the published
approved in the final rule published
list if it is either identical to a Federal
December 20, 2018 (83 FR 65301). In the
fuel or is removed from the SIP in
March 19, 2019 SIP revision submitted
which it is approved. Under the adopted by PA DEP on behalf of ACHD, ACHD
fuel type approach, EPA interpreted this references this demonstration, which
requirement to mean that a fuel would
analyzes the suspension of 7.8 psi
have to be removed from all SIPs in
gasoline for the entire Pittsburgh-Beaver
which it was approved prior to being
Valley Area, including Allegheny
removed from the list (71 FR 78195).
County. With this action, EPA is also
The 7.8 psi RVP fuel program (as
proposing to approve the
required by Allegheny County Article
Commonwealth’s use of the previously
XXI), as approved into Pennsylvania’s
approved CAA 110(l) demonstration
SIP, is a fuel type that is included in
from its May 2, 2018 submission to
EPA’s boutique fuel list, as shown in a
demonstrate that removal of the
state-by-state listing of boutique fuels
Allegheny County low-RVP gasoline
(71 FR 78198–99). The list of states and
program does not interfere with the
areas where federal 7.8 psi and 9.0 psi
Commonwealth’s ability to attain or
low-RVP gasoline are currently required maintain any NAAQS in the Pittsburghcan also be referenced on EPA’s
Beaver Valley Area. Our approval of the
Gasoline Reid Vapor Pressure web page
May 2, 2018 SIP submittal is in
(https://www.epa.gov/gasolineaccordance with requirements for SIP
standards/gasoline-reid-vaporactions under CAA section 110.
pressure). On that list, Allegheny
EPA is soliciting public comments on
County, Pennsylvania is currently listed the issues discussed in this document.
as a partial area boutique fuel program
Since EPA already approved the
for Pittsburgh, Pennsylvania.
Commonwealth’s technical
Subsequent to the final effective date of
demonstration considering the
EPA’s approval of Pennsylvania’s March emissions impact of the removal of 7.8
19, 2019 SIP revision to remove
psi RVP programs from the PittsburghAllegheny County’s Rules and
Beaver Valley Area (as part of its
Regulations, Article XXI RVP
December 2018 approval of
requirement from the SIP, EPA will
Pennsylvania’s request to remove the
update the State Fuels and Gasoline
PA DEP RVP requirements in the same
Reid Vapor Pressure web pages with the area), EPA is not soliciting public
effective date of the SIP removal. After
comment on the technical merits of that
the effective date of the final action on
approved demonstration. Any
the March 19, 2019 SIP revision, EPA
comments received will be considered
will remove the 7.8 psi RVP fuel type
by the Agency before EPA takes final
for Pennsylvania from the list of
action.
boutique fuels.
VII. Statutory and Executive Order
VI. What Action is EPA taking?
Reviews
Under the CAA, the Administrator is
EPA has reviewed Pennsylvania’s
required to approve a SIP submission
March 19, 2019 SIP revision requesting
that complies with the provisions of the
removal of the Allegheny County lowRVP rule and related requirements from CAA and applicable Federal regulations.
the Pennsylvania SIP. EPA is proposing 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
to approve Pennsylvania’s March 19,
EPA’s role is to approve state choices,
2019 SIP revision request to remove
provided that they meet the criteria of
gasoline RVP-related provisions of
the CAA. Accordingly, this action
Article XXI of the ACHD’s Rules and
merely approves state law as meeting
Regulations from the Allegheny County
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V. Impacts on the Boutique Fuels List
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17767
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 proposed rule to
approve Pennsylvania’s request to
remove ACHD’s gasoline volatility
regulatory requirements from the
Pennsylvania SIP does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
state, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
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Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, and Volatile organic
compounds.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Authority: 42 U.S.C. 7401 et seq.
[4500030115]
Dated: April 12, 2019.
Cosmo Servidio.
Regional Administrator, Region III.
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for Four
Species
[FR Doc. 2019–08156 Filed 4–25–19; 8:45 am]
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of a status review.
AGENCY:
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Parts 302, 303, 307, and 309
RIN 0970–AC75
Child Support Program Technical
Corrections Notice of Proposed
Rulemaking; Correction
Office of Child Support
Enforcement (OCSE), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS).
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
This document corrects the
regulatory identification number (RIN)
that appeared in the heading of a notice
of proposed rulemaking published in
the Federal Register of December 18,
2018. Through that document, OCSE
proposed to eliminate regulations
rendered outdated or unnecessary and
make technical amendments to the
Flexibility, Efficiency, and
Modernization in Child Support
Enforcement final rule, published on
December 20, 2016, including proposing
to amend the compliance date for
review and adjustment of child support
orders.
DATES: April 26, 2019.
SUPPLEMENTARY INFORMATION: In the
notice of proposed rulemaking FR Doc
2018–27224, beginning on page 64803
in the issue of December 18, 2018, the
regulatory identification number (RIN)
appeared incorrectly in the heading of
the document in the second column as
RIN 0970–AC50. The RIN is corrected to
read ‘‘RIN 0970–AC75’’.
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SUMMARY:
Dated: April 18, 2019.
Ann C. Agnew,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2019–08299 Filed 4–25–19; 8:45 am]
BILLING CODE 4184–25–P
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We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on four petitions to add
species to the List of Endangered and
Threatened Wildlife under the
Endangered Species Act of 1973, as
amended (Act). Based on our review, we
find that petitions to list the Arizona
eryngo (Eryngium sparganophyllum)
and giraffe (Giraffa camelopardalis)
present substantial scientific or
commercial information indicating that
the petitioned actions may be
warranted. Therefore, with the
publication of this document, we
announce that we plan to initiate
reviews of the statuses of those species
to determine if the petitioned actions
are warranted. To ensure that the status
reviews are comprehensive, we are
requesting scientific and commercial
data and other information regarding
those species. Based on the status
reviews, we will issue 12-month
findings on the petitions, which will
address whether or not the petitioned
actions are warranted, in accordance
with the Act. We also find that petitions
to list the Refugio manzanita
(Arctostaphylos refugioensis) and San
Gabriel chestnut snail (Glyptostoma
gabrielense) do not present substantial
scientific or commercial information
indicating that the petitioned actions
may be warranted. Therefore, we are not
initiating status reviews of these species
in response to the petitions. We refer to
these findings as ‘‘not substantial’’
petition findings.
DATES: These findings were made on
April 26, 2019. As we commence work
on the status reviews, we seek any new
information concerning the statuses of,
or threats to, the species or their
habitats. Any information received
during our work on the status reviews
will be considered.
ADDRESSES:
Supporting documents: Summaries of
the bases for the petition findings
contained in this document are
available on https://www.regulations.gov
SUMMARY:
Administration for Children and
Families
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under the appropriate docket number
(see table under SUPPLEMENTARY
INFORMATION). In addition, this
supporting information is available for
public inspection, by appointment,
during normal business hours by
contacting the appropriate person, as
specified in FOR FURTHER INFORMATION
CONTACT.
Status Reviews: If you have new
scientific or commercial data or other
information concerning the statuses of,
or threats to, the species for which a
status review is being initiated, please
provide those data or information by
one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter the appropriate docket number
(see the Table 1 under SUPPLEMENTARY
INFORMATION). Then, click on the
‘‘Search’’ button. After finding the
correct document, you may submit
information by clicking on ‘‘Comment
Now!’’ If your information will fit in the
provided comment box, please use this
feature of https://www.regulations.gov, as
it is most compatible with our
information review procedures. If you
attach your information as a separate
document, our preferred file format is
Microsoft Word. If you attach multiple
comments (such as form letters), our
preferred format is a spreadsheet in
Microsoft Excel.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: [Insert appropriate
docket number; see the Table 1 under
SUPPLEMENTARY INFORMATION], U.S. Fish
and Wildlife Service, MS: BPHC, 5275
Leesburg Pike; Falls Church, VA 22041–
3803.
We request that you send information
only by the methods described above.
We will post all information we receive
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us.
Not-substantial petition findings:
Summaries of the bases for the notsubstantial petition findings contained
in this document are available on https://
www.regulations.gov under the
appropriate docket number (see Table 2
under SUPPLEMENTARY INFORMATION).
This supporting information is also
available for public inspection, by
appointment, during normal business
hours, by contacting the appropriate
person, as specified under FOR FURTHER
INFORMATION CONTACT. If you have new
information concerning the status of, or
threats to, these species, or their
habitats, please submit that information
to the appropriate person.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\26APP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Proposed Rules]
[Pages 17762-17768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08156]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0144; FRL-9992-63--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Removal of Allegheny County Requirements Applicable to
Motor Gasoline Volatility in the Allegheny County Portion of the
Pittsburgh-Beaver Valley Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania, on behalf of the Allegheny County Health
Department (ACHD), on March 19, 2019. This revision seeks removal from
the Pennsylvania SIP of Allegheny County requirements limiting
summertime gasoline volatility to 7.8 pounds per square inch (psi) Reid
Vapor Pressure (RVP), which were originally adopted to
[[Page 17763]]
reduce ozone precursor pollution to address nonattainment of the 1-hour
ozone national ambient air quality standard (NAAQS) in the Allegheny
County portion of the Pittsburgh-Beavery Valley ozone nonattainment
area (hereafter referred to as the Pittsburgh-Beaver Valley Area). In
December 2018, EPA issued a final approval of the Pennsylvania
Department of Environmental Protection's (PA DEP) request to remove
from the SIP the PA DEP requirements limiting the summer RVP of
gasoline in the Pittsburgh-Beaver Valley Area. As part of that action,
EPA also approved the accompanying demonstration prepared by
Pennsylvania that shows that the emission impacts from removal of the
program will not interfere with the area's ability to attain or
maintain any NAAQS. EPA is proposing that this prior approved
noninterference demonstration also serves to support Pennsylvania's
request to remove the separate program imposed by Allegheny County
requiring summer 7.8 psi RVP gasoline and that removal of this
substantially similar, local low-RVP program will not interfere with
the area's ability to attain or maintain the NAAQS. This action is
being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before May 28, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0144 to 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, Planning and
Implementation Branch (3AD30), Air and Radiation Division, U.S.
Environmental Protection Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2176. Mr. Rehn can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. This supplementary
information section of this action is arranged as follows:
I. Background
A. Federal Gasoline Volatility Controls Under the CAA
B. History of State and Local Gasoline Volatility Controls
Applicable to the Pittsburgh-Beaver Valley Area
II. What Prompted ACHD to suspend gasoline locally adopted
volatility requirements applicable to Allegheny County?
A. Pennsylvania Legislature Directs PA DEP To Suspend State
Gasoline Volatility Controls Applicable to the Pittsburgh-Beaver
Valley Area
B. ACHD Amendment of Allegheny County Gasoline Volatility
Requirements Rule To Suspend Local RVP Requirements Applicable to
Allegheny County
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?
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 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. That rule, referred to as Federal Phase I
RVP standards, constituted the first phase of a two-phase nationwide
program that was designed to reduce the volatility of commercial
gasoline during the high ozone season. Depending on the state and
month, Federal Phase I gasoline RVP was not to exceed 10.5 psi, 9.5
psi, or 9.0 psi between calendar years 1989 through 1991. On June 11,
1990 (55 FR 23658), EPA promulgated more stringent Phase II Federal
gasoline volatility standards. These requirements established maximum
RVP standards of 9.0 psi or 7.8 psi, depending on the state location
and the area's initial ozone attainment designation with respect to the
1-hour ozone NAAQS. Phase II was applicable starting in 1992 and
remains in effect, except in areas that have more stringent SIP-
approved RVP control programs in place. These Federal volatility
regulations are codified at 40 CFR 80.27, with the delineation between
areas designated as Federal 9.0 psi RVP volatility attainment areas
codified at 40 CFR 80.27(a)(2)(i), and those areas designated as
Federal 7.8 psi RVP volatility nonattainment areas at 40 CFR
80.27(a)(2)(ii).
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.
Under Federal Phase II gasoline volatility requirements, which were
promulgated 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 RVP above 9.0 psi in all areas designated attainment for
ozone. Under the revised Phase II standards published on June 11, 1990
(55 FR 23658), areas are subject to either a 9.0 psi RVP standard, or
to a newly added 7.8 psi ozone season limitation applicable to some
states.
Under these Federal Phase II RVP requirements, the Commonwealth of
Pennsylvania was required to meet a Federal 9.0 psi RVP standard during
the summer RVP control period--except for 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).
[[Page 17764]]
However, Pennsylvania and Allegheny County were later granted a
Federal ``preemption waiver'' under authority of CAA section
211(c)(4)(C), which allows a state to adopt their own more stringent,
state-specific fuel program (or ``boutique'' fuel program) as part of
the Federally-approved SIP. It was this Federal fuel preemption waiver
that enabled Pennsylvania (and Allegheny County) to adopt a more
stringent gasoline volatility program in the Pittsburgh-Beaver Valley
area, as described in more detail in this rulemaking action.
B. History of State and Local Gasoline Volatility Controls Applicable
to 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, which included: Allegheny, Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland Counties. As one of a number of measures
aimed to bring the Pittsburgh-Beaver Valley Area into ozone attainment,
Pennsylvania adopted (among other measures) gasoline RVP limits,
through separate but substantially similar PA DEP and ACHD rules
limiting summertime gasoline volatility in the Pittsburgh-Beaver Valley
Area to 7.8 psi RVP. PA DEP initially adopted a gasoline RVP limit 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
approved 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).
As the local air pollution control agency for Allegheny County, the
ACHD subsequently adopted a substantially similar summertime gasoline
volatility limit rule (Allegheny County Order No. 16782, Article XXI,
sections 2102.40, 2105.90, and 2107.15; effective May 15, 1998, amended
August 12, 1999). On March 23, 2000, PA DEP formally submitted a SIP
revision to EPA (on behalf of ACHD) to incorporate ACHD's gasoline RVP
summertime requirements identified above 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.
PA DEP amended its RVP limit rule in April 2017 to suspend
summertime gasoline RVP limits, formerly applicable to all seven
counties in the Pittsburgh-Beaver Valley Area.\1\ ACHD subsequently
revised its own RVP limit rule (Article XXI, Sec. Sec. 2105.90, and
2107.15 of the Rules and Regulations of the Allegheny County Health
Department; amended February 21, 2019, effective March 3, 2019),
suspending applicability of ACHD's RVP requirements upon the effective
date of EPA's removal of the revised Article XXI sections from the
Allegheny County portion of the Pennsylvania SIP. On March 19, 2019, PA
DEP submitted this SIP revision (on behalf of ACHD) to EPA to request
removal of the ACHD's RVP rule requirements from the Pennsylvania SIP.
This request to remove the ACHD RVP program requirements from the SIP
is the subject of EPA's current rulemaking action.
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\1\ See Pa Code, Title 26, Chapter 126, Subchapter C (relating
to motor vehicle and fuels programs, gasoline volatility
requirements), effective January 22, 2019. (Pa Bulletin, Vol. 48,
No. 14; April 7, 2018). This rule amended Sec. 126.301 (relating to
compliant fuel requirement) to make Chapter 126, Subchapter C no
longer applicable to the Pittsburgh-Beaver Valley Area upon the
effective date of approval by EPA of the removal of Chapter 126,
Subchapter C as a Federally-enforceable control measure in the
Commonwealth's SIP. EPA approved Pennsylvania's SIP request to
remove the PA DEP RVP requirements of Chapter 126 in a final rule
published December 20, 2018 (83 FR 65301).
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II. What prompted ACHD to suspend locally adopted gasoline volatility
requirements applicable to Allegheny County?
A. Pennsylvania Legislature Directs PA DEP To Suspend State Gasoline
Volatility Controls Applicable to the Pittsburgh-Beaver Valley Area
In the 2013-14 session, the Pennsylvania General Assembly passed,
and Governor Corbett signed into law, Act 50 (Pub. L. 674, No. 50 of
May 14, 2014), that amended the Pennsylvania Air Pollution Control Act
to direct PA DEP to initiate a process to repeal PA DEP's Pittsburgh-
Beaver Valley Area gasoline RVP requirements. That process culminated
with PA DEP's submission on May 2, 2018 of a SIP revision requesting
that EPA remove from the Pennsylvania portion of the SIP the Pa. Code
RVP provisions of Chapter 126, Subchapter C gasoline RVP limits and
also approve PA DEP's CAA 110(l)-required noninterference demonstration
showing that repeal of PA DEP's RVP requirements would not interfere
with the Pittsburgh-Beaver Valley Area's attainment of any NAAQS.
Pennsylvania's analysis showed that the emissions impact from repeal of
the 7.8 psi RVP summer limit (to be replaced by the Federal 9.0 psi
summertime gasoline RVP requirement) would be fully offset through
substitution of commensurate benefits from another enacted emission
reduction measure reducing emissions from area sources in the
Pittsburgh-Beaver Valley Area, as well as reductions from permanent
shutdown of a glass manufacturing facility in Allegheny County. For
further information on the Commonwealth's supporting demonstration
showing removal of the RVP program from the Pittsburgh-Beaver Valley
Area will not interfere with the area's ability to meet Federal NAAQS,
as well as EPA's analysis of that demonstration, please refer to EPA's
December 20, 2018 (83 FR 65301) final rule approving Pennsylvania's
removal of PA DEP's Chapter 126 low-RVP program from the seven counties
comprising the Pittsburgh-Beaver Valley Area and the docket for that
action.
B. ACHD Amendment of Allegheny County Gasoline Volatility Requirements
Rule To Suspend Local RVP Requirements Applicable to Allegheny County
ACHD subsequently revised its own RVP limit rule (Article XXI,
Sec. Sec. 2105.90, and 2107.15 of the Rules and Regulations of the
Allegheny County Health Department; amended February 21, 2019,
effective March 3, 2019), suspending applicability of ACHD's gasoline
RVP requirements upon the effective date of EPA's removal of the
revised Article XXI sections from the Allegheny County portion of the
Pennsylvania SIP.
The revised ACHD gasoline volatility regulation contains an added
provision suspending the requirements that ban the sale or transfer of
gasoline in Allegheny County non-compliant with a 7.8 psi RVP limit
(between May 1 through September 15). Per ACHD's revised rule (as
amended February 21, 2019), the County's 7.8 psi summer limit and
related requirements (at Article XXI, Sec. Sec. 2105.90 and 2107.15)
will no longer be applicable upon the effective date of EPA's final
action approving removal of the RVP program from the Allegheny County
portion of the Pennsylvania SIP. Upon the effective date of EPA final
action to approve the Commonwealth's request to remove the Allegheny
County 7.8 psi RVP program requirements from the SIP, all state and
local RVP limits for the Pittsburgh-Beaver Valley would be rescinded,
reverting the entire
[[Page 17765]]
Pittsburgh-Beaver Valley Area to the applicable Federal Phase II RVP
requirements.\2\
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\2\ See EPA's Phase II Volatility Regulations published June 11,
1990 (55 FR 23658), as amended December 12, 1991 (56 FR 64704). EPA
amended Federal Phase II volatility regulations to make them
consistent with CAA section 211(h), prohibiting the sale of gasoline
(beginning in 1992) with RVP above 9.0 psi in all areas designated
attainment for ozone. For areas designated nonattainment, the
regulations retained the original Phase II standards established by
the June 1990 Phase II rule.
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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
consideration of the impact of removal of this rule on air quality
focuses primarily on those NAAQS to which emission from this program
contribute (either directly or as NAAQS 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. 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 7.8 psi RVP 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. In May of 2012, EPA classified the Pittsburgh-Beaver Valley Area
as moderate nonattainment under section 181 of the CAA.\3\ 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.
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\3\ 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.
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On March 27, 2008 (73 FR 16436), EPA strengthened the 8-hour NAAQS
from 0.080 to 0.075 ppm. On May 21, 2012 (77 FR 30088), EPA designated
and classified the Pittsburgh-Beaver Valley Area as marginal
nonattainment for the 2008 8-hour ozone NAAQS. On March 6, 2015 (80 FR
12264), EPA published its ozone implementation rule for the 2008 ozone
NAAQS, which established the date of July 20, 2016 as the deadline for
marginal areas to attain the 2008 8-hour ozone 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.\4\ The Pittsburgh-Beaver Valley Area continues to attain the
2008 ozone NAAQS for the most recent 2016-2018 three-year monitoring
period.
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\4\ 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.
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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 April 19, 2019 SIP submittal for removal of the RVP
program in Allegheny County relies upon a demonstration of
noninterference, per the requirements of CAA section 110(l), that was
originally submitted by PA DEP as part of its May 2, 2018 SIP revision
for removal of the state RVP program in the larger Pittsburgh-Beaver
Valley Area--a substantially similar state RVP requirements rule that
geographically overlaps Allegheny County's rule. EPA approved
Pennsylvania's May 2, 2018 SIP noninterference demonstration as part of
our December 20, 2018 approval of that SIP revision (83 FR 65301). This
SIP-approved 110(l) demonstration includes EPA updated photochemical
grid modeling results for the 2008 ozone NAAQS (See Appendix H of
Pennsylvania's May 2, 2018 SIP revision, which is also appended for
reference as Appendix H to the March 19, 2019 SIP requesting removal of
Allegheny County's RVP program), based on updated electric generating
unit data for 2017.\5\ This forecast data predicts that the Pittsburgh-
Beaver Valley Area will continue to attain the 2008 ozone NAAQS and
will remain in attainment of the 2015 ozone NAAQS by 2023.
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\5\ 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.
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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
[[Page 17766]]
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-Beaver County Area to attainment of the 1997
annual and 2006 24-hour PM2.5 NAAQS.
On January 15, 2013, EPA published revised annual and 24-hour
PM2.5 NAAQS (78 FR 3086). On April 7, 2015, EPA designated
Allegheny County as moderate nonattainment of the 2012 annual
PM2.5 NAAQS (80 FR 18535).\6\ Allegheny County continues to
be nonattainment for the 2012 annual PM2.5 NAAQS.
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\6\ 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.
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IV. What is EPA's analysis of the Commonwealth's submittal?
State/local control of motor gasoline is preempted by CAA section
211(c)(4)(A), except in cases where EPA has granted a preemption waiver
under 211(c)(4)(B) or (C) as part of a SIP approval. As such a SIP-
approved, Federally preempted CAA 211(c)(4) ``boutique fuel'' program,
Allegheny County's RVP control program is not a mandatory measure
required to address nonattainment under Part D of Subchapter 1 of the
CAA. Nor are boutique fuels subject to ``anti-backsliding'' as it
relates to a revoked NAAQS (e.g., the 1979 1-hour or 1997 ozone NAAQS)
in the case where EPA adopts a more stringent NAAQS (e.g., the 2015
ozone NAAQS), since state/locally-adopted boutique fuels are not an
``applicable requirement'' that must be retained as a SIP obligation
(in certain situations) where a NAAQS has been revoked by EPA.\7\ Nor
does section CAA section 193, applicable to pre-1990 implemented or
required rules, apply because this boutique fuel rule was neither
required or enacted prior to that date.
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\7\ For instance, in the case of the 2008 Ozone Implementation
Rule (40 CFR part 51, subpart AA), applicable requirements for
purposes of anti-backsliding are defined at 40 CFR 51.1100(o).
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Therefore, 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).\8\
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 SIP revision for
CAA 110(l) noninterference compliance on an individual basis. 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.
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\8\ CAA section 193, with respect to removal of requirements in
place prior to enactment of the 1990 CAA Amendments, is not relevant
because Pennsylvania's RVP control requirements in the Pittsburgh-
Beaver Valley Area were not included in the SIP prior to enactment
of the 1990 CAA amendments.
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In the absence of an attainment demonstration that shows 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
potential emission increases caused by a change to a SIP-approved
program, so long as net actual emissions to 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, which in this case is 7.8 psi RVP gasoline. To
show that compensating emission reductions are equivalent, modeling or
adequate justification must be provided. The compensating, equivalent
or greater 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, PA DEP submitted a section 110(l)
demonstration that relies upon emission reductions from another
emission control measure (and a permanently shutdown stationary source)
to fully offset any potential increase in emissions that would
otherwise result from removal of the SIP approved 7.8 psi RVP
summertime gasoline requirement in the Pittsburgh-Beaver Valley Area.
Specifically, PA DEP demonstrated that emission reductions in the
Pittsburgh-Beaver Valley Area from the 7.8 psi RVP program are fully
offset by: (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.
The substitute emissions reduction measures were demonstrated to be
quantifiable, permanent, surplus, enforceable, and contemporaneous
(i.e. occurring at approximately the same time as cessation of the low-
RVP fuel program). Upon removal of the state 7.8 psi summertime RVP
program, the Federal 9.0 psi RVP limit becomes the applicable fuel
volatility control program in the Area.
EPA approved the Commonwealth's CAA 110(l) noninterference
demonstration supporting removal of the 7.8 psi RVP gasoline program in
the Pittsburgh-Beaver Valley Area on December 20, 2018 (83 FR 65301).
The PA DEP's 7.8 psi RVP control program for the entire Pittsburgh-
Beaver Valley Area (under Pa Code Chapter 126) is similar in legal
substance to that of Allegheny County's 7.8 psi RVP program (under
Article XXI of the County's Rules and Regulations). Because of the
similarity of the two programs, the March 19, 2019 SIP revision
requesting removal of ACHD's 7.8 psi RVP program from the SIP relies
upon the Commonwealth's prior approved noninterference demonstration to
show that removal of the ACHD program will not interfere with
attainment (or other CAA applicable requirements) of any NAAQS in the
Pittsburgh-Beaver Valley Area. The March 19, 2018 SIP revision contains
a copy of the PA DEP's earlier demonstration, for reference, without
changing the substance of that prior demonstration. Because of the
similarity between the ACHD county low-RVP rule and the areawide PA DEP
low-RVP rule, EPA agrees with this approach to demonstrating that
removal of ACHD's 7.8 psi RVP program for Allegheny County will not
require additional evaluation for CAA 110(l) noninterference beyond the
showing made by PA DEP for the 7.8. psi RVP program suspension in the
Pittsburgh-Beaver Valley Area.
[[Page 17767]]
V. Impacts on the Boutique Fuels List
Section 1541(b) of the Energy Policy Act of 2005 required EPA, in
consultation with the U.S. Department of Energy, to determine the
number of fuels programs approved into all SIPs as of September 1, 2004
and to publish a list of such fuels. On December 28, 2006 (71 FR
78192), EPA published the list of boutique fuels, as it existed at that
time. 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 prior to being removed
from the list (71 FR 78195).
The 7.8 psi RVP fuel program (as required by Allegheny County
Article XXI), as approved into Pennsylvania's SIP, is a fuel type that
is included in EPA's boutique fuel list, as shown in a state-by-state
listing of boutique fuels (71 FR 78198-99). The list of states and
areas where federal 7.8 psi and 9.0 psi low-RVP gasoline are currently
required can also be referenced on EPA's Gasoline Reid Vapor Pressure
web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). On that list, Allegheny County, Pennsylvania is currently
listed as a partial area boutique fuel program for Pittsburgh,
Pennsylvania. Subsequent to the final effective date of EPA's approval
of Pennsylvania's March 19, 2019 SIP revision to remove Allegheny
County's Rules and Regulations, Article XXI 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. After the
effective date of the final action on the March 19, 2019 SIP revision,
EPA will remove the 7.8 psi RVP fuel type for Pennsylvania from the
list of boutique fuels.
VI. What Action is EPA taking?
EPA has reviewed Pennsylvania's March 19, 2019 SIP revision
requesting removal of the Allegheny County low-RVP rule and related
requirements from the Pennsylvania SIP. EPA is proposing to approve
Pennsylvania's March 19, 2019 SIP revision request to remove gasoline
RVP-related provisions of Article XXI of the ACHD's Rules and
Regulations from the Allegheny County portion of the Commonwealth's
SIP--including Part E, Subpart 9, section 2105.90 (related to gasoline
volatility) and Part G, section 2107.15 (related to test methods for
gasoline RVP).
EPA is proposing to remove Allegheny County's 7.8 psi RVP
requirements from the approved SIP, as codified at 40 CFR
52.2020(c)(2). This proposed removal from the approved Pennsylvania SIP
is supported by a CAA noninterference demonstration prepared by PA DEP
in support of the May 2018 SIP revision that requested removal of the
Commonwealth's 7.8 psi RVP program in the larger Pittsburgh-Beaver
Valley Area--the removal of which EPA approved in the final rule
published December 20, 2018 (83 FR 65301). In the March 19, 2019 SIP
revision submitted by PA DEP on behalf of ACHD, ACHD references this
demonstration, which analyzes the suspension of 7.8 psi gasoline for
the entire Pittsburgh-Beaver Valley Area, including Allegheny County.
With this action, EPA is also proposing to approve the Commonwealth's
use of the previously approved CAA 110(l) demonstration from its May 2,
2018 submission to demonstrate that removal of the Allegheny County
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 requirements for SIP actions under CAA section 110.
EPA is soliciting public comments on the issues discussed in this
document. Since EPA already approved the Commonwealth's technical
demonstration considering the emissions impact of the removal of 7.8
psi RVP programs from the Pittsburgh-Beaver Valley Area (as part of its
December 2018 approval of Pennsylvania's request to remove the PA DEP
RVP requirements in the same area), EPA is not soliciting public
comment on the technical merits of that approved demonstration. Any
comments received will be considered by the Agency before EPA takes
final action.
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 proposed rule to approve Pennsylvania's request
to remove ACHD's gasoline volatility regulatory requirements from the
Pennsylvania SIP does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference,
[[Page 17768]]
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 12, 2019.
Cosmo Servidio.
Regional Administrator, Region III.
[FR Doc. 2019-08156 Filed 4-25-19; 8:45 am]
BILLING CODE 6560-50-P
