[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Rules and Regulations]
[Pages 8566-8570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3680]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA37-1-6370a; FRL-5144-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; SO2: Conewango Township, Warren County
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State implementation plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. This revision provides
for, and demonstrates, the attainment of the national ambient air
quality standards (NAAQS) for sulfur oxides in the Conewango Township,
Warren County nonattainment area. The implementation plan was submitted
by Pennsylvania to satisfy the requirements of the Clean Air Act (CAA)
pertaining to nonattainment areas. This action is being taken under
section 110 of the Clean Air Act.
DATES: This action will become effective April 17, 1995 unless notice
is received [[Page 8567]] on or before March 17, 1995 that adverse or
critical comments will be submitted. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air, Radiation,
and Toxics Division, U.S. Environmental Protection Agency, Region III,
841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460; and, Pennsylvania
Department of Environmental Resources Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: David J. Campbell, Air & Radiation
Programs Branch (3AT11), U.S. Environmental Protection Agency, Region
III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107, phone:
215 597-9781.
SUPPLEMENTARY INFORMATION: On December 9, 1993, the Commonwealth of
Pennsylvania submitted a revision to its State implementation plan
(SIP) for sulfur oxides, measured as sulfur dioxide (SO2). The
revision pertains to the SO2 nonattainment area in Conewango
Township, Warren County, Pennsylvania.
Background
The Clean Air Act, as amended in 1977, required EPA to establish
the attainment status of areas with respect to the national ambient air
quality standards (NAAQS). On March 3, 1978 (43 FR 8962), as amended on
September 12, 1978 (43 FR 40502), EPA published the initial
designations for each State in Region III.
As part of EPA Region III's initial designations, Conewango
Township, Warren County, Pennsylvania was designated as nonattainment
for the primary NAAQS for sulfur oxides, measured as sulfur dioxide
(SO2). EPA acted on the recommendation of the Commonwealth of
Pennsylvania to designate this area as nonattainment for SO2. The
basis of the recommendation was air quality dispersion modeling that
predicted violations of the primary NAAQS for SO2 in Conewango
Township.
The Clean Air Act, as amended in 1990, provided that any area
designated with respect to the NAAQS, as in effect immediately before
November 15, 1990, shall retain that designation ``by operation of
law'' (section 107(d)(1)(C)). Furthermore, States with existing
nonattainment areas for the primary NAAQS for SO2 that lack fully
approved SIP's, including part D nonattainment area plans, must submit
implementation plans for those areas (section 191(b)). These plans must
meet the requirements of subpart 1 of part D and must be submitted to
EPA within 18 months of enactment of the 1990 amendments (i.e., by May
15, 1992.) Thus, a SIP and part D plan were due for the Conewango
Township, Warren County, Pennsylvania by May 15, 1992.
On June 15, 1992, Mr. Stanley L. Laskowski, Acting Regional
Administrator, EPA Region III notified Mr. Robert P. Casey, Governor,
Commonwealth of Pennsylvania that Pennsylvania had failed to submit the
required SIP revision for Conewango Township, Warren County. The letter
constituted an official finding of failure to submit pursuant to
section 179(a)(1) of the 1990 Amendments. According to section 179,
Pennsylvania had 18 months in which to correct the identified
deficiency or face one of the sanctions detailed under section 179(b).
Therefore, the Commonwealth had until December 15, 1993 to submit a SIP
revision or face the imposition of sanctions.
On December 9, 1993, the Commonwealth of Pennsylvania submitted a
revision to its SIP for the Conewango Township SO2 nonattainment
area. The revision provides for the attainment of the NAAQS for
SO2 by November 15, 1995, as required by section 192(a). This
submittal was determined to be a ``complete'' submittal as discussed
below. The submittal of a complete SIP revision satisfied the
deficiency identified under section 179(a)(1), thus halting the
sanctions process.
Summary of SIP Revision
On December 9, 1993, Mr. Arthur A. Davis, Secretary, Pennsylvania
Department of Environmental Resources submitted to Mr. Stanley L.
Laskowski, Acting Regional Administrator, EPA Region III a SIP revision
for the Conewango Township nonattainment area. The SIP revision
consists primarily of a Consent Order and Agreement (hereinafter, the
Agreement) entered into by and between the Commonwealth of
Pennsylvania, Department of Environmental Resources and Pennsylvania
Electric Company (hereinafter, Penelec) on April 1, 1993. The Agreement
affects Penelec's Warren Generating Station, the principle source of
SO2 emissions in the nonattainment area. The Agreement establishes
interim and final emission limits for the Warren Generating Station.
The final allowable emission limit will protect the NAAQS for SO2
in Conewango Township. The emission limit is supported by a modeling
analyses and attainment demonstration, the contents of which are
evaluated below.
Evaluation of State Submittal
The Clean Air Act requires States to submit implementation plans
that indicate how each State intends to attain and maintain the NAAQS.
The 1977 Amendments established specific requirements for
implementation plans in nonattainment areas in part D, sections 171-
178. With respect to SO2, the 1990 Amendments did not change these
requirements in any significant way and guidance in existence prior to
their enactment generally remains valid. On April 16, 1992 (57 FR
13498), EPA issued ``General Preamble for the Implementation of Title I
of the Clean Air Act Amendments of 1990'' describing EPA's preliminary
views on how it intends to interpret various provisions of title I,
primarily those concerning revisions required for nonattainment areas.
In order to approve the SIP revision, all of the part D
requirements must be evaluated and they must ensure that: (1) The
revised allowable emission limitation demonstrates attainment and
maintenance of the NAAQS for SO2 in the nonattainment area; (2)
the emission limitation is clearly enforceable; and (3) that all
applicable procedural and substantive requirements of 40 CFR part 51
are met. The following is an evaluation of the part D requirements as
described in the ``General Preamble''; a more detailed evaluation is
provided in a Technical Support Document available upon request from
the Regional EPA office listed in the ADDRESSES section of this
document:
1. Reasonably Available Control Technology (RACT)
Pennsylvania's SIP revision provides for reasonably available
control technology (RACT). The SIP revision indicates that SO2
emissions are controlled at the Warren Generating Station through fuel
specification. The final allowable SO2 emission limitation for the
Warren Generating Station as established in the Agreement is 1.0 pounds
SO2 per million Btu (1.0 lb/mmBtu) heat input or a total hourly
emission of 1280 pounds of SO2, [[Page 8568]] whichever is less.
This limit is to be met beginning November 15, 1995. The SIP limit is
to be met beginning November 15, 1995. The SIP revision provides a
demonstration that this limit will attain the NAAQS in the
nonattainment area. Therefore, Pennsylvania has ensured that reasonably
available control technology, fuel specification, is required and that
the control technology provides for achievement of the NAAQS by the
statutory attainment date, which is November 15, 1995.
2. Reasonable Further Progress (RFP)
Pennsylvania's SIP revision provides for reasonable further
progress (RFP). The SIP revision provides for RFP through interim
emission limitations established in the Agreement. The Agreement
specifies that the Warren Generating Station shall achieve a daily
average emission rate not to exceed 3.0 pounds of SO2 per million
Btu (3.0 lb/mmBtu) heat input beginning January 1, 1993. An allowable
emission rate of 2.5 lb/mmBtu is imposed on the Station beginning
November 15, 1994. These emission limits clearly adhere to an ambitious
compliance plan which will provide for attainment by the applicable
date.
3. Contingency Measures
Pennsylvania's SIP revision provides for adequate contingency
measures. The SIP revision requires the collection of continuous
emission monitoring (CEM) data at the Warren Generating Station in
accordance with the previously federally-approved procedures
established in 25 Pa. Code Sec. 123.25 ``Monitoring Requirements for
Sulfur Compound Emissions from Combustion Units'' and subchapter C
``Requirements for Continuous In-Stack Monitoring for Stationary
Sources'' (48 FR 2320). The collection of CEM data and the ambient air
quality monitoring network currently operating in and around the
nonattainment area provides a comprehensive program to identify
violations of the NAAQS. The existing Agreement may be modified, as
agreed to by both parties, to require further reductions as deemed
necessary to achieve attainment of the NAAQS.
4. Stack Height Issues and Remand
Pennsylvania has chose to address stack height issues upon the
resolution of the remand. The Warren Generating Station merges the
exhaust from its four (4) boilers into one stack as part of its
original design and operation in 1948. This constitutes dispersion
credit for sources originally designed and constructed with merged or
multiflue stacks (40 CFR 51.100(hh)(2)(ii)(A)). These sources had
originally been exempted under the stack height rules but that
provision was remanded to EPA for reconsideration. Pennsylvania does
not address this issue in the SIP revision. Therefore, it will have to
revise its rules, including any affected emission limitations, to
conform with resolution of the remand.
5. Existing Modeling Protocols
Pennsylvania's SIP revision is supported by a modeling
demonstration using regulatory air dispersion models as defined by
EPA's ``Guideline on Air Quality Models (Revised),'' July 1986.
However, the Agreement allows for the completion of a model evaluation
and equivalency study by Penelec. Penelec will perform a study
comparing and evaluating the predictive results of the MPTER/RTDM
(Multiple Point Gaussian Dispersion Algorithm with Terrain Adjustment
(MPTER) and Rough Terrain Diffusion Model (RTDM), respectively) and
LAPPES (Large Area Power Plant Effluent Study) models. The protocol for
this study has been approved by Pennsylvania and EPA. The study is
currently underway. Upon satisfactory completion of the study,
Pennsylvania has indicated that it will revise its SIP, as appropriate,
in accordance with the results of the study. Until such time as any
future revised SIP is approved by EPA, the limits established by the
Agreement and this SIP revision will remain in effect.
6. Test Methods and Averaging Times
Pennsylvania's SIP provides for the use of continuous emissions
monitoring (CEM) as the means of compliance. The revision stipulates an
hourly emission limit and requires the use of a Pennsylvania-approved
method for calculating hourly emissions. Pennsylvania's federally
approved CEM regulations (25 Pa. Code Sec. 123.25 and subchapter C)
define the general requirements for CEM operation and references the
CEM guidelines in ``Standards of Performance for New Stationary
Sources,'' 40 CFR part 60 and ``Minimum Source Monitoring
Requirements,'' 40 CFR part 51 appendix P. An hourly emission limit for
the source is shorter than the time period for the NAAQS for which the
area is nonattainment (i.e., the 24-hour primary standard). The
required limit is also adequate to determine compliance with the 3-hour
secondary standard.
7. Emission Inventory
Pennsylvania's SIP revision provides an adequate actual emissions
inventory from all relevant sources of SO2 in the nonattainment
area. Pennsylvania has provided a current, actual emissions data and
stack parameter information for the Warren Generating Station and
various emission sources at the nearby United Refining facility.
8. Attainment Demonstration
Pennsylvania's SIP revision provides an adequate attainment
demonstration, including appropriate air quality dispersion modeling.
40 CFR 51.112 requires nonattainment plans to include a demonstration
of the adequacy of the plan's control strategy. The Commonwealth's
demonstration employs the applicable air quality models, data bases,
and other requirements specified in appendix W of 40 CFR part 51
(``Guideline on Air Quality Models (Revised)'' (1986), supplement A
(1987), and supplement B (1993) (hereinafter, the Guideline)). This
demonstration includes the following information: model selection and
descriptions; model application and assumptions made during application
of selected models; receptor grids; meteorological data; ambient air
monitoring data and background concentration; model source input; and
modeling results.
Model Descriptions--The air quality dispersion modeling analysis
performed for this demonstration employed the MPTER and RTDM Guideline
models. The Guideline provides a description of the models along with
guidance on their application. MPTER is limited to predicting
concentrations at elevations below stack height. In this analysis, the
MPTER code was altered to accommodate the algorithm used in Industrial
Source Complex Model (ISC2). The ISC2 algorithm was added to address
the requirements of the interim terrain concept; the assessment of
receptors between stack height and plume height. RTDM is employed to
calculate concentrations at receptors whose elevations are greater than
or equal to plume height.
Model Application--MPTER and RTDM were both applied to the modeling
domain in accordance with the recommendations of the Guideline. The
default mode of RTDM was employed. Likewise, the regulatory mode of
MPTER was used with the applicable restrictions for complex terrain.
Receptor Grids--Three sets of receptor grids, with a total of 725
receptors were used for this demonstration. One grid was located in
Conewango Township, the nonattainment area. The other two grids were
located to the south and east of the Township. These grids were
developed to adequately assess the impacts of the [[Page 8569]] Warren
Generating Station as well as the nearby United Refinery facility, the
other major source of SO2 in the region.
Meteorological Data--The modeling analysis used one year of on-site
and local meteorological data. Two towers, an 150-meter tower and a 10-
meter tower, collected wind directions and wind speeds, stability
information, and temperature. The 150-meter tower is located on-site at
the Penelec facility. The 10-meter tower is located in nearby, elevated
terrain and was used primarily for determination of the stability class
and as a substitute data site. Data was recovered at a greater than 90
percent rate and appropriate data substitution procedures were
employed.
Background Concentration--The study uses monitored air quality data
for determining that portion of the background concentrations
attributable to sources other than those nearby that are to be
explicitly modeled. Seven SO2 monitoring sites in and around the
nonattainment area were available for evaluation. The Guideline
procedures for determining background concentrations for multiple-
source areas were used to select the most representative monitor.
Source Inputs--The Warren Generating Station was modeled using an
emission rate of 1.0 pounds per million BTU, the revised allowable
limit established in the Consent Order and Agreement. Each of the other
input parameters such as stack height, stack temperature, etc. were
included in the demonstration. United Refining Company's facility was
modeled using its current allowable operating conditions. Similar input
parameters were provided for the United Refining facility.
Modeling Results--The results of the modeling analysis indicate
that no exceedances of the NAAQS for SO2 are expected in the
Conewango Township nonattainment area when the Warren Generating
Station is operating at an emission rate of 1.0 lb/mmBTU. The predicted
high-second-high concentrations for the 3-hour (1,300 g/
m3), 24-hour [365 g/m3), and annual arithmetic mean
(80 g/m3) ambient air quality standards are 1,038
g/m3, 184 g/m3, and 23.2 g/m3
respectively. This demonstrates that the proposed SIP revision will be
protective of the NAAQS in the Conewango Township nonattainment area
for SO2 for each NAAQS averaging period.
EPA's review of this material indicates that Pennsylvania's SIP
revision provides for the attainment of the NAAQS for SO2 in
Conewango Township, Warren County and satisfies the requirements of
part D of the Clean Air Act. The revision is supported by a modeling
analysis which clearly demonstrates the adequacy of emission limits in
providing for the attainment and maintenance of NAAQS for SO2 in
and around the nonattainment area. The Consent Order and Agreement
between Penelec and Pennsylvania at the center of the SIP revision
establishes enforceable SO2 emission limits on the Warren
Generating Station. The submittal clearly fulfills the procedural and
substantive requirements of 40 CFR part 51. Therefore, EPA is approving
the Pennsylvania SIP revision for the Conewango Township, Warren County
SO2 nonattainment area, which was submitted on December 9, 1993.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 17, 1995 unless, by March 17, 1995, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on April 17, 1995.
Final Action
EPA is approving the Pennsylvania SIP revision for the Conewango
Township, Warren County SO2 nonattainment area.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIP's on such grounds. Union Electric Co. v.
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
This action has been classified as a Table 2 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The OMB has exempted this
regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 17, 1995. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action to approve a revision to Pennsylvania's SIP
for SO2 in Conewango Township, Warren County 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, Incorporation by
reference, Reporting and recordkeeping requirements, Sulfur Oxides.
Dated: November 18, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows: [[Page 8570]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraphs (c)(93) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(93) Revisions to the Pennsylvania implementation plan for sulfur
dioxide (SO2) in Conewango Township, Warren County submitted on
December 9, 1993 by Pennsylvania Department of Environmental Resources:
(i) Incorporation by reference.
(A) Letter of December 9, 1993 from Mr. Arthur A. Davis, Secretary,
Pennsylvania Department of Environmental Resources transmitting a SIP
revision for the Conewango Township, Warren County SO2
nonattainment area.
(B) A Consent Order and Agreement entered into by and between the
Commonwealth of Pennsylvania, Department of Environmental Resources and
Pennsylvania Electric Company on April 1, 1993 and an attainment
demonstration. The Agreement was effective on April 1, 1993.
(ii) Additional material.
(A) Remainder of Pennsylvania's December 9, 1993 submittal.
[FR Doc. 95-3680 Filed 2-14-95; 8:45 am]
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