[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Proposed Rules]
[Pages 11131-11138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6019]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 099-4052; FRL-5702-6]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 15 Percent Plan and 1990 VOC Emission Inventory for the
Philadelphia Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing conditional interim approval of the State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania, for the Philadelphia ozone nonattainment area, to meet
the 15 percent reasonable further progress (RFP, or 15% plan), also
known as rate-of-progress (ROP) requirements of the Clean Air Act. EPA
is withdrawing its proposed disapproval of the Philadelphia 15% plan
and 1990 emission inventory published in the Federal Register on July
10, 1996. EPA is proposing conditional interim approval because the 15%
plan submitted by Pennsylvania for the Philadelphia area requires
additional documentation to quantify the 15% emission reduction and
relies on the inspection and maintenance (I/M) program that received a
conditional interim approval. Finally, the 1990 VOC emissions inventory
used in the 15% plan as the baseline for reasonable further progress
contains inconsistencies, which must be reconciled by Pennsylvania. EPA
is, therefore, proposing conditional approval of the 1990 VOC emission
inventory.
DATES: Comments on this proposed action must be postmarked by April 10,
1997.
ADDRESSES: Written comments may be mailed to David L. Arnold, Chief,
Ozone/Carbon Monoxide, and Mobile Sources Section, Mailcode 3AT21, 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. Persons interested in examining these documents
should schedule an appointment with the contact person (listed below)
at least 24 hours before the visiting day. Copies of the documents
relevant to this action are also available at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, Ozone/Carbon
Monoxide and Mobile Sources Section (3AT21), USEPA--Region III, 841
Chestnut Building, Philadelphia, Pennsylvania 19107, or by telephone
at: (215)566-2180. Questions may also be addressed via e-mail, at the
following address: stahl.cynthia@epamail.epa.gov
[[Page 11132]]
Please note that while information may be requested via e-mail, only
written comments can be accepted for inclusion in the docket.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(1) of the Clean Air Act (the Act or CAA), as amended
in 1990, requires ozone nonattainment areas classified as moderate or
above to develop plans to reduce VOC emissions by 15% from the 1990
baseline inventory for the area. These 15% plans were due to be
submitted to EPA by November 15, 1993, with the reductions to occur
within 6 years of enactment of the 1990 Clean Air Act Amendments (i.e.
November 15, 1996). Furthermore, the Act sets limitations on the
creditability of certain control measures toward reasonable further
progress. Specifically, States cannot take credit for reductions
achieved by Federal Motor Vehicle Control Program (FMVCP) measures
(e.g. new car emissions standards) promulgated prior to 1990; or for
reductions stemming from regulations promulgated prior to 1990 to lower
the volatility (i.e., Reid Vapor Pressure) of gasoline. Furthermore,
the Act does not allow credit towards RFP for post-1990 corrections to
existing motor vehicle inspection and maintenance (I/M) programs or
corrections to reasonably available control technology (RACT) rules,
since these programs were required to be in place prior to 1990.
Additionally, section 172(c)(9) of the Act requires ``contingency
measures'' to be included in the plan revision. These measures are
required to be implemented immediately if reasonable further progress
is not achieved, or if the NAAQS standard is not attained under the
deadlines set forth in the Act.
In Pennsylvania, two ozone nonattainment areas are subject to the
CAA 15% rate-of-progress requirements. These are the Philadelphia
severe nonattainment area and the Pittsburgh moderate nonattainment
area. Pennsylvania submitted separate SIP revisions for Philadelphia
and Pittsburgh. EPA is taking action today only on Pennsylvania's 15%
plan submittal (including the 1990 VOC emissions inventory), which
addresses the Philadelphia ozone nonattainment area. EPA will act
separately on the contingency plan for the Philadelphia 15% plan and
the 1990 NOx emissions inventory, at a later date. The Philadelphia
severe ozone nonattainment area consists of the following counties in
Pennsylvania: Bucks, Chester, Delaware, Montgomery, Philadelphia.
On July 10, 1996, EPA proposed to disapprove the Philadelphia 15%
plan that was submitted on January 18, 1995 (61 FR 36320). EPA proposed
disapproval of the January 18, 1995 submittal because it assumed credit
towards ROP for numerous control strategies which were either not fully
adopted, are not creditable towards ROP under the Act, or had not been
adequately quantified. EPA could not approve the January 1995 15% plan
submittal for Philadelphia as it would have resulted in a ``shortfall''
towards Pennsylvania's RFP demonstration. Also in the July notice, EPA
proposed to disapprove the Philadelphia area 1990 emissions inventory
estimates used in the 15% plan as the baseline because it differed
substantially from Pennsylvania's separate 1990 base year emission
inventory SIP submitted in 1992 to EPA. Without justification for these
differences in the respective submittals pending before EPA, it cannot
approve the revised inventory estimates. The September 12, 1996
submittal by Pennsylvania is intended to address the deficiencies in
the original January 1995 Philadelphia 15% plan submittal. Therefore,
this rulemaking action withdraws EPA's July 10, 1996 proposed
disapproval and instead proposes conditional interim approval of the
Philadelphia 15% plan that was submitted in September 1996.
EPA has reviewed the September 12, 1996 Philadelphia area 15% plan
submittal and has identified several deficiencies, which prohibit full
approval of this SIP, pursuant to section 110 of the Act. A detailed
discussion of these deficiencies is included below, in the ANALYSIS
portion of this rulemaking action, and also in the technical support
document (TSD) prepared by EPA in support of this action. Due to these
deficiencies, the 15% plan cannot be assured of achieving the total
reductions required by the ROP requirements of the Act. EPA is required
to approve this 15% plan as a conditional interim approval because it
relies on emission reductions from the Pennsylvania vehicle inspection
and maintenance (I/M) program. EPA promulgated final conditional
interim approval of Pennsylvania's I/M program under the National
Highway Systems Designation Act of 1995 on January 28, 1997 (62 FR
4004). EPA can only fully approve a 15% plan if the emission control
measures relied on by the plan are also fully approved. Because the
Commonwealth's I/M program has received only conditional interim
approval, EPA is proposing conditional interim approval of the
Philadelphia 15% plan as well.
Further information regarding EPA's analysis of the Commonwealth's
submittal is contained in the TSD for this action. Copies of the TSD
are available upon request from the Regional office listed in the
ADDRESSES section of this notice. A summary of the EPA's findings
follows.
II. Analysis of the SIP Revision
A. Base Year Emission Inventory
The baseline from which states must determine the required
reductions for 15% planning is the 1990 VOC base year emission
inventory. The inventory is broken down into several emissions source
categories: stationary, area, on-road mobile sources, and off-road
mobile sources. Pennsylvania submitted a formal SIP revision containing
their official 1990 base year emission inventory on November 12, 1992.
EPA has not yet taken rulemaking action on that inventory submittal.
Pennsylvania has stated that its September 12, 1996 15% plan submittal
includes a revised version of the 1990 emission inventory, and is meant
to supersede the 1992 emission inventory submittal. Therefore, this
rulemaking will address the 1990 VOC emission inventory only as it
pertains to the Philadelphia ozone nonattainment area and no further
rulemaking action will be taken on the November 12, 1992 emission
inventory submittal as it pertains to the Pennsylvania portion of the
Philadelphia ozone nonattainment area. The September 1996 submittal of
the 1990 emissions inventory contains inconsistencies with the
inventory summaries of the 15% plan. Additional information and
documentation from Pennsylvania regarding the September 1996 submittal
of the Philadelphia 1990 emission inventory is necessary in order for
EPA to approve it. EPA has been working with Pennsylvania to compile
the necessary documentation to approve the 1990 base year emissions
inventory and anticipates the resolution of these issues prior to the
final rulemaking. Please refer to the TSD for a specific discussion of
the inventory. Therefore, EPA is proposing to conditionally approve the
1990 VOC emission inventory for the Philadelphia ozone nonattainment
area that was submitted on September 12, 1996.
B. Growth in Emissions Between 1990 and 1996
EPA has interpreted the Act to require that reasonable further
progress toward attainment of the ozone standard must
[[Page 11133]]
be obtained after offsetting any growth expected to occur over that
period. Therefore, to meet the 15% RFP requirement, a state must enact
measures achieving sufficient emissions reductions to offset projected
growth in emissions, in addition to a 15 percent reduction of VOC
emissions. Thus, an estimate of VOC emissions growth from 1990 to 1996
is necessary for demonstrating reasonable further progress. Growth is
calculated by multiplying the 1990 base year inventory by acceptable
forecasting indicators. Growth must be determined separately for each
stationary (point) source or by area source category, since sources
typically grow at different rates. Even within a stationary source,
individual emission unit emissions may grow at different rates during
the same time period. EPA's inventory preparation guidance recommends
the following indicators as applied to emission units in the case of
stationary sources or to a source category in the case of area sources,
in order of preference: Product output, value added, earnings, and
employment. As a last resort, population can also serve as a surrogate
indicator.
Pennsylvania's 15% plan contains growth projections for point,
area, on-road motor vehicle, and non-road vehicle source categories.
Pennsylvania used growth factors from the Bureau of Economic Analysis
(BEA) for the point and area sources. For a detailed description of the
growth methodologies used by the Commonwealth, please refer to the TSD
for this action. Although EPA has identified where the methods used to
project growth in the 1996 Philadelphia inventory differ from standard
guidance and methodologies, EPA is not conditioning the approval of the
15% plan on the resolution of these issues. The rationale for this is
summarized below and in more detail in the TSD. Consequently, EPA is
proposing to approve the Commonwealth's 1990-1996 emissions growth
projections for the Philadelphia 15% plan.
EPA is accepting the Commonwealth's 15% plan projection for highway
vehicle emissions growth that is based on growth in total vehicle miles
of travel (VMT) for the region, which the Commonwealth expects to
increase by 7.7 million miles per day. In addition, the Commonwealth
expects that on-road emissions are projected to decrease by 11.9 tons/
day. Emissions from on-highway emissions control measures are
calculated separately in the plan (including reductions associated with
fleet turnover and the pre-1990 motor vehicle standards) and
Pennsylvania indicates that this growth is based solely upon increasing
VMT growth. Typically, growth in highway emissions is determined
independently of mobile source control strategies. Fifteen percent
plans usually indicate what, if any, other factors effect highway
emissions growth, other than the previously identified VMT influence.
EPA cannot definitively determine how motor vehicle emissions are
declining from this data but believes, based on the sample calculation
submitted by Pennsylvania, that Pennsylvania's mobile model inputs are
correct. Therefore, EPA is proposing to approve the Commonwealth's on-
road motor vehicle growth projection.
For the point source categories, Pennsylvania used the Bureau of
Economic Analysis (BEA) growth factors to project point source
emissions on a point source category basis to 1996. Typically, using
these growth factors is an acceptable method of estimating point source
growth. However, Pennsylvania operates an emissions bank in the
Commonwealth that allows facilities to bank emission reduction credits
(ERCs) for subsequent use or sale. In addition, Pennsylvania states
specifically in its 15% plan that it is taking VOC emission reduction
credit from certain shutdown sources toward the required 15% emission
reduction. Other sources that bank their ERCs are being allowed to sell
their VOC emission reductions as credits to other sources. These
shutdowns all occurred after January 1, 1990. Since the BEA growth
factors are devised to account for all economic activity, including the
shutdown of facilities (through loss of employment, income, etc.),
allowing both the use of the BEA point source growth factors for these
source categories where the shutdown occurred and allowing the sources
in these categories to sell their emission reduction credits could
result in the double counting of emission reductions, which is not
allowed. In the General Preamble for the Implementation of Title I of
the Clean Air Act Amendments (57 FR 13498, April 16, 1992), EPA
addresses the issue of accounting for emission reduction credits by
stating that banked emission reduction credits need to be accounted for
such that their use is consistent with the area's 15% ROP plan and
attainment plan. Where those shutdown credits were being applied to the
required 15% emission reduction, Pennsylvania's September 1996 15% plan
submittal identified those sources that had shut down. EPA is not
conditioning the approval of the Philadelphia 15% plan on the
resolution of this double counting issue. EPA will, however, require
that this issue be satisfactorily resolved prior to approval of any
subsequent air quality plans required for the Philadelphia
nonattainment area such as the post-96 plan and attainment
demonstration.
C. Calculation of Target Level Emissions
Pennsylvania calculated a ``target level'' of 1996 VOC emissions,
per EPA guidance. First, the Commonwealth calculated the non-creditable
reductions from the FMVCP program and subtracted those emissions from
the 15 percent plan's 1990 inventory estimate. This yields the 1990
``adjusted inventory''. The emission reduction required to meet the 15%
ROP requirement equals the sum of 15 percent of the adjusted inventory
and any reductions necessary to offset emissions growth projected to
occur between 1990 and 1996, plus reductions that resulted from
corrections to the I/M or VOC RACT rules that were required to be in-
place before 1990. Table 1 summarizes the calculations for the VOC
target level for the five counties that make up the Pennsylvania
portion of the Philadelphia nonattainment area.
Table 1.--Calculation of Required Reductions \1\ for the Philadelphia
Nonattainment Area's 15% Plan
[Tons/day]
------------------------------------------------------------------------
------------------------------------------------------------------------
1990 Base Year Inventory................................... 615.56
Adjustments for FMVCP/RVP (pre 1990 program)............... 33.02
1990 Adjusted Base Year Inventory.......................... 582.53
15% Reduction Requirement.................................. 87.38
RACT ``fix-ups''........................................... 0.84
FMVCP & RVP Reductions..................................... 33.02
1990 Adjusted Base Year Inventory.......................... 582.53
[[Page 11134]]
Required Reductions (w/o growth)........................... 121.24
1996 Target Level.......................................... 494.31
FMVCP & RVP Reductions..................................... -33.02
1990-1996 Emissions Growth................................. 35.41
Required Reductions (w/o growth)........................... 121.24
Total Required Reduction................................... 123.63
Total Reduction Claimed by Pennsylvania.................... 127.91
------------------------------------------------------------------------
\1\ Emission figures presented here are from the September 12, 1996
submittal. These figures may change once Pennsylvania makes the
corrections to the plan to reconcile inventory inconsistencies, etc.
D. Control Strategies in the 15% Plan
The specific measures adopted (either through state or federal
rules) for the Philadelphia area are addressed, in detail, in the
Commonwealth's 15% plan. The following is a brief description of each
control measure Pennsylvania has claimed credit for in the submitted
15% plan, as well as the results of EPA's review of the use of that
strategy towards the Clean Air Act ROP requirement.
E. Creditable Emission Control Strategies
The control measures described below are creditable toward the ROP
requirements of the Act. Pennsylvania takes emission credit toward the
15% requirement through implementation of the following required
programs: (1) Federal reformulated gasoline, (2) reformulated
gasoline--nonroad, (3) I/M FMVCP/Tier I, and (4) Stage II vapor
recovery. Pennsylvania also takes emission credit toward the 15%
requirement through the implementation of the following programs: (1)
Federal architectural and industrial maintenance coating regulation
(national rule), (2) treatment, storage and disposal facility (TSDF)
controls (hazardous waste rule with air emission reductions), (3)
autobody refinishing national rule, (4) consumer and commercial
products national rule, and (5) facility shutdowns. For the mobile
source measures, which Pennsylvania estimates using a Post-Processor
for Air Quality (PPAQ) computer model, limited documentation was
provided. The PPAQ model uses MOBILE modeling information as input, and
determines total reductions for mobile source control strategies. The
Commonwealth has provided some sample calculations used in this
modeling, but no detailed documentation of the MOBILE runs. However,
EPA has no reason to believe that Pennsylvania's methodology is flawed.
Therefore, EPA is proposing to approve the claimed mobile emission
reductions.
Further details regarding EPA's review of the Commonwealth's
control measures are contained in the TSD for this action.
Architectural and Industrial Maintenance (AIM) Coating
This is a national rule that EPA proposed on June 25, 1995 (61 FR
32729), which expected compliance with the coating requirements by
April 1997. Subsequently, EPA was sued over this proposed national rule
and negotiated a compliance date of no earlier than January 1, 1998.
VOC emissions come from the evaporation of solvents used in the coating
process. In a memo dated March 22, 1995 (``Credit for the 15% Rate-of-
Progress Plans for Reductions from the Architectural and Industrial
Maintenance (AIM) Coating Rule''), EPA allowed states to claim a 20%
reduction of total AIM emissions from the national rule. In this memo,
EPA stated that although the emission reductions are not expected to
occur until April 1997, states will be allowed to use the expected
emission reduction credit from this measure in their 15% plans. EPA
believes that even though the compliance date has been pushed to
January 1, 1998, the emission reductions from the national AIM rule are
creditable in state 15% plans.
Use of emissions reductions from EPA's expected national rule is
acceptable towards the 15% plan target. Although Pennsylvania states
that they are claiming 15% emission reduction credit from this measure
in their 15% plan, the figures used to calculate the actual expected
emission reduction from this measure results in an emission reduction
of 20%, which is EPA's estimate of expected emission reductions from
the AIM national rule. Therefore, although the Pennsylvania submittal
is inaccurate, the resulting emission reduction credit of 20% from the
AIM coating rule is acceptable. A 20% reduction from their 1996
projected uncontrolled AIM emissions results in a 7.28 tons per day
(TPD) emission reduction credit (1996 uncontrolled emissions x 20%
emission reduction). Since the 1996 uncontrolled emissions are 36.41
TPD, a 20% emission reduction is 7.28 TPD. EPA has determined that 7.28
TPD is creditable from this control measure for the Philadelphia 15%
plan.
Treatment Storage and Disposal Facilities (TSDFs)
TSDFs are private facilities that manage dilute wastewater,
organic/inorganic sludges, and organic/inorganic solids. Waste disposal
can be done by various means including: incineration, treatment, or
underground injection or landfilling. EPA promulgated Phase I of the
TSDF national rule on June 21, 1990 (55 FR 25454). The Phase II TSDF
rule was published in the Federal Register on December 6, 1994 (59 FR
62896) and subsequently amended on February 9, 1996 (61 FR 4903) and
November 25, 1996 (61 FR 59932). Final compliance with the Phase II
requirements is required by no later than December 8, 1997.
Pennsylvania claims an expected VOC reduction of 9.45 TPD from this
national rule in one part of the 15% plan submittal; although in the
narrative description of the TSDF credit, Pennsylvania claims 10.0 TPD
credit. Additionally, from the summary tables (Tables 3.2 and 4.5) of
the 15% plan, it is not possible to determine the emissions from this
area source category since there is no category specifically labeled as
TSDFs. The closest category is one labeled ``Waste Disposal''. The 1996
projected emissions for this category, however, are listed as 22.50
tons per day. Using the figures provided by Pennsylvania in Appendix 3
of the 15% plan, the expected emission reduction from this measure is
calculated using the 12.57 TPD projected 1996 emissions and
[[Page 11135]]
multiplying this by the control efficiency (94%) and rule effectiveness
(80%), resulting in an emission credit of 9.45 TPD. In a May 1993 EPA
memorandum, EPA agreed that a 93% emission reduction could be expected
from the implementation of the Phase II TSDF rule. Therefore, the
creditable emission reduction for this measure is not 9.45 tons/day but
9.35 tons/day (12.57 tons/day 1996 emissions x 0.93 x 0.80).
Pennsylvania must document how it determined the 1990 emissions from
this category and calculated the emission reduction credit due to the
implementation of this national rule. Provided the emission inventory
and projected figures are correct, EPA has determined that the
creditable emissions from this control measure, given the inventory
information provided by Pennsylvania, is 9.35 TPD. Therefore, only 9.35
TPD of emission reductions from the TSDF rule are creditable toward the
ROP requirements of the Act.
Consumer/Commercial Products National Rule
Section 183(e) of the Clean Air Act required EPA to conduct a study
of VOC emissions from consumer and commercial products. EPA was then
required to list (and eventually) to regulate those product categories
that account for 80% of those consumer products emissions in ozone
nonattainment areas. Group I of EPA's regulatory schedule lists 24
categories of consumer products to be regulated by national rule--
including personal, household, and automotive products. Although EPA
intended to issue a final rule covering these products by December
1996, the final rule is now expected to be published in Spring 1997 and
require compliance by July 1997. The Commonwealth claims a 20%
reduction from the consumer products portion of their 1996 uncontrolled
inventory, or a 6.58 tons/day reduction (32.89 tons per day, 1996
projected emissions x 20% emission reduction). EPA has determined
that 6.58 TPD is creditable toward the 15% plan requirement.
Autobody Refinishing
Autobody shop emissions come from the painting of damaged vehicles
or the reconditioning of old vehicles typically done in an industrial
or small business shop. The coatings used emit VOCs in significant
amounts and EPA has developed a national rule to address the VOC
content in those coatings. In a November 29, 1994 memorandum, ``Credit
for the 15 Percent Rate-of-Progress Plans for Reductions from the
Architectural and Industrial Maintenance (AIM) Coating Rule and the
Autobody Refinishing Rule'', EPA set forth policy on the creditable
reductions to be assumed from the national rule for autobody
refinishing. That memorandum allowed for a 37% reduction from current
emissions with an assumption of 100% rule effectiveness (presuming the
coating application instructions were being followed). Pennsylvania is
claiming a 37% emission reduction, resulting in an overall expected
emission reduction of 6.3 tons per day (17.02 tons per day, 1996
projected emissions x 37% emission reduction). EPA has determined
that 6.3 TPD is creditable toward the 15% plan requirement.
Shutdown Credits
Pennsylvania is claiming 3.4 tons per day from large stationary
sources that have shut down emission units since 1990. Shutdown
emission reduction credits are creditable toward a state's 15% plan
requirements provided they are surplus, quantifiable, enforceable and
permanent. Pennsylvania's regulations (25 Pa. Code Chapter 127.207)
require that ERCs generated in the Commonwealth also meet these
criteria. Pennsylvania has submitted documentation with the
Philadelphia 15% plan showing the 1990 emissions of each of the 23
facilities that are providing either part or all of its shutdown
emissions toward the 15% emission reduction requirement. EPA generally
agrees with the creditability of the shutdown emissions except for
those calculated for Philadelphia Textile Finishers, S.K.F., 3M, and
Progress Lighting Co. For Philadelphia Textile Finishers, S.K.F., and
Progress Lighting Co., the claimed shutdown credits appear to exceed
those emissions reported for these sources in the 1990 base year
emissions inventory. EPA cannot allow emission reductions from sources
to be credited toward the 15% plan where those emission reduction
credits exceed the amount of those sources' 1990 emissions. While the
most recent 2 year representative period is used to generate the
emissions baseline, for credibility toward the 15% emission reduction,
the emissions may not exceed those emitted in 1990; otherwise the
emissions cannot be determined to be surplus. The documentation
provided for Philadelphia County (prepared by the City of Philadelphia
Air Management Services) was in a different format from the other 4
counties in the Philadelphia nonattainment area supplied by DEP and,
unlike those DEP documents, does not provide emissions attributed to
each of the emission units within a facility. For those facilities
within Philadelphia County where only part of the facility's shutdown
emissions are being claimed as credit toward the 15% requirement, EPA
cannot verify the emissions since the inventory is not provided on an
emission unit basis. Pennsylvania must clearly document where the
emission reductions from the partial shutdowns are occuring through a
more detailed submittal of the 1990 inventory for Philadelphia County.
It appears from the information provided that out of the 23 facilities
providing shutdown credits, only 5 are total facility shutdowns. These
five are all located in Philadelphia County and are: Quality Container
Corp., U.S. Mint, Schneider Brothers Co., Monarch Manufacturing Works
Inc., and Craftbilt Co. For 3M, the banked emissions listed in the
Philadelphia 15% plan contradicts information submitted to EPA via the
reasonably available control technology (RACT) requirements under
section 182(b) of the Act. In the 3M RACT proposal, the Company has
requested that 641.7 tons of VOC per year be banked. Even if 260
working days were used to determine the ton per day emissions for this
facility, there are still only banked emissions available at 2.47 tons
per day rather than the 4.24 tons per day listed in the 15% plan for
this facility. Compared with the facility specific data provided within
the Philadelphia 15% plan, the 3M VOC emissions appear to be slightly
over estimated in the summary list in Table 6.3 of the 15% plan (4.06
TPD versus 4.24 TPD). At PA DEP's request, EPA has already federally
approved 1990 VOC (and NOx) emissions for selected emission units at
the United States Steel--Fairless (USX) facility (April 9, 1996, 61 FR
15709). Therefore, PA DEP must ensure that the emission reduction
credits claimed for USX in the Philadelphia 15% plan are consistent
with the federally approved SIP pertaining to USX. This requires that
emissions information on an emission unit basis must be provided for
the USX--Fairless facility clearly indicating which units are providing
the emission credit in the 15% plan. Pennsylvania must reconcile all
inconsistencies between and within the 1990 emission inventory and the
15% plan in order for EPA to approve the 1990 emission inventory.
Pennsylvania must ensure that any shutdown emissions applied toward the
required 15% emission reduction may not subsequently be used by the
Company or the Commonwealth for other purposes. Today's rulemaking
action does not supersede any 1990
[[Page 11136]]
emission inventory figures previously approved by EPA in source-
specific rulemakings.
Federal Reformulated Gasoline
Section 211(k) of the Act requires that, beginning January 1, 1995,
only reformulated gasoline be sold or dispensed in ozone nonattainment
areas classified as severe or extreme. This gasoline is reformulated to
reduce combustion by-products and to produce fewer evaporative
emissions. As a severe area, Philadelphia benefits from the emission
reductions from this program. Pennsylvania claims a VOC emission
reduction of 26.48 tons per day from this measure. EPA has determined
that this is a creditable emission reduction toward the 15%
requirement.
Reformulated Gasoline--Nonroad
The use of reformulated gasoline will also result in reduced
emissions for both exhaust and evaporative emissions from off-road
engines such as outboard motors for boats and lawn mower engines.
Pennsylvania claims a VOC emission reduction of 0.59 tons per day from
this measure. EPA has determined that this is a creditable emission
reduction toward the 15% requirement.
Stage II Vapor Recovery
EPA approved Pennsylvania's Stage II vapor recovery regulation on
December 13, 1994 (60 FR 63938). This final approval followed a limited
approval/limited disapproval rulemaking action that was published in
the Federal Register on June 13, 1994 (59 FR 30302). The federally
approved Stage II regulation requires the use of vapor recovery nozzles
at gas stations through a phased compliance schedule but the last group
of stations (pumping less than 100,000 gallons of gasoline per month)
were required to comply with this requirement by no later than February
8, 1994 in all moderate and above ozone nonattainment areas.
Pennsylvania claims a 17.02 tons per day VOC emission credit from the
implementation of this regulation in the 5-county Philadelphia area.
EPA has determined that this credit to be reasonable and acceptable.
Tier I Federal Motor Vehicle Control Program
EPA promulgated a national rule establishing ``new car'' standards
for 1994 and newer model year light-duty vehicles and light-duty trucks
on June 5, 1991 (56 FR 25724). Since the standards were adopted after
the Act was amended in 1990, the resulting emission reductions are
creditable toward the 15 percent reduction goal. The EPA agrees with
the Commonwealth's projected emission reductions. Due to the three-year
phase-in period for this program, and the associated benefits stemming
from fleet turnover, the reductions prior to 1996 are somewhat limited.
Pennsylvania claimed a reduction of 1.0 tons/day from this post-1990
Federal Motor Vehicle Control Program. Although Pennsylvania has not
provided EPA with all the documentation necessary to verify this
emission reduction credit, EPA has no reason to believe that
Pennsylvania's methodology is inaccurate. Therefore, EPA is proposing
to accept the emission reduction credit claimed for this measure.
Inspection and Maintenance Program
Section 182(b)(1) of the CAA requires that states containing ozone
nonattainment areas classified as moderate or above prepare State
Implementation Plans (SIPs) that provide for a 15 percent VOC emissions
reduction by November 15, 1996. Most of the 15% SIPs originally
submitted to the EPA contained enhanced I/M programs because this
program achieves more VOC emission reductions than most, if not all
other, control strategies. However, because most states experienced
substantial difficulties with these enhanced I/M programs, only a few
states are currently actually testing cars using their original
enhanced I/M protocols.
On September 18, 1995, EPA finalized revisions to its enhanced I/M
rule allowing states significant flexibility in designing I/M programs
appropriate for their needs (60 FR 48029). Subsequently, Congress
enacted the National Highway Systems Designation Act of 1995 (NHSDA),
which provides states with more flexibility in determining the design
of enhanced I/M programs. The substantial amount of time needed by
states to re-design enhanced I/M programs in accordance with the
guidance contained within the NHSDA, secure state legislative approval
where necessary, and set up the infrastructure to perform the testing
program precludes states that revise their I/M programs from obtaining
emission reductions from such revised programs by November 15, 1996.
Given the heavy reliance by many states upon enhanced I/M programs
to help achieve the 15% VOC emissions reduction required under CAA
Sec. 182(b)(1), and the recent NHSDA and regulatory changes regarding
enhanced I/M programs, EPA believes that it is no longer possible for
many states to achieve the portion of the 15% reductions that are
attributed to I/M by November 15, 1996. Under these circumstances,
disapproval of the 15% SIPs would serve no purpose. Consequently, under
certain circumstances, EPA will propose to allow states that pursue re-
design of enhanced I/M programs to receive emission reduction credit
from these programs within their 15% plans, even though the emissions
reductions from the I/M program will occur after November 15, 1996. EPA
published the final conditional interim approval of the Pennsylvania I/
M program on January 28, 1997 (62 FR 4004).
Specifically, EPA will propose approval of 15% SIPs if the
emissions reductions from the revised, enhanced I/M programs, as well
as from the other 15% SIP measures, will achieve the 15% level as soon
after November 15, 1996 as practicable. To make this ``as soon as
practicable'' determination, EPA must determine that the SIP contains
all VOC control strategies that are practicable for the nonattainment
area in question and that meaningfully accelerate the date by which the
15% level is achieved. EPA does not believe that measures meaningfully
accelerate the 15% date if they provide only an insignificant amount of
reductions.
In the case of Philadelphia, the Pennsylvania program has submitted
a 15% SIP that would achieve the amount of reductions needed from I/M
by November 1998. The Pennsylvania I/M program is an annual program
with implementation required to begin no later than November 15, 1997.
Pennsylvania has submitted a 15% SIP for Philadelphia that includes
control measures that are creditable toward the 15% plan. Emission
reductions in the Philadelphia nonattainment area resulting from the
implementation of the RFG, Stage II, and from implementation of FMVCP--
Tier I have already occurred. EPA believes that this SIP contains all
measures, including enhanced I/M, that achieves the required reductions
as soon as practicable for this nonattainment area.
EPA has examined other potentially available SIP measures to
determine if they are practicable for the Philadelphia severe ozone
nonattainment area and if they would meaningfully accelerate the date
by which the area reaches the 15% level of reductions. EPA proposes to
determine that the SIP contains the appropriate measures. For the
Philadelphia area, as a severe ozone nonattainment area that is
required to implement a large number of control measures, there is no
combination of additional control measures that can be implemented
prior to the end of 1997
[[Page 11137]]
that would achieve the emission reductions equivalent to I/M. The
Commonwealth has recently concluded the Southeast Pennsylvania
Stakeholders Group process that will result in recommendations to the
Governor of Pennsylvania as to the control measures that should be
implemented in the Philadelphia nonattainment area in order to reach
attainment of the ozone national ambient air quality standard. The
stakeholders final report and recommendation to the Governor was
released on January 16, 1997. For the Philadelphia 15% plan, the
Commonwealth has chosen to implement the I/M program in the
Philadelphia nonattainment area, which is expected to produce a 49.74
ton per day emission reduction beginning in late 1997. The details of
this analysis are contained in the accompanying TSD.
Summary of Creditable Emission Reductions for the Philadelphia Ozone
Nonattainment Area
[Tons/day]
------------------------------------------------------------------------
------------------------------------------------------------------------
Required Reduction for the Philadelphia area................... 123.64
Creditable Reductions:
Shutdown credits 1......................................... 3.40
AIM Coatings Rules......................................... 7.28
Consumer/Commercial Products............................... 6.58
TSDF Controls.............................................. 9.35
Autobody refinishing....................................... 6.30
Stage II vapor recovery.................................... 17.02
Federal Reformulated gasoline.............................. 26.48
Reformulated gasoline--nonroad............................. 0.59
FMVCP (Tier I)............................................. 1.08
Inspection and Maintenance (I/M)........................... 49.74
--------
Total.................................................... 127.82
------------------------------------------------------------------------
\1\ The emission reductions from this program have not been
substantiated by Pennsylvania.
III. Proposed Action
The EPA has evaluated this submittal for consistency with the Clean
Air Act, applicable EPA regulations, and EPA policy. On its face, this
RFP plan for Philadelphia achieves the required 15% VOC emission
reduction to meet the requirements of section 182(b)(1) of the Act.
While all the emissions inventory figures have not been substantiated
and the amount of creditable reductions for certain control measures
has not been adequately documented to qualify for Clean Air Act
approval, EPA has determined that the submittal for Philadelphia
contains enough of the required structure to warrant proposing
conditional interim approval.
In light of the above deficiencies, EPA is proposing to
conditionally approve this SIP revision, which includes the 15% plan
and the 1990 emission inventory, under section 110(k)(4) of the Act.
The submittal does not fully satisfy the requirements of section
182(b)(1) of the Act regarding the 15% reasonable further progress plan
or section 182(a)(1) of the Act regarding emission inventories. Since
the September 1996 Philadelphia 15% plan submittal supersedes the
previous 15% plan submittal, EPA is withdrawing its July 10, 1996
proposed disapproval of the Philadelphia 15% plan and is, instead,
proposing conditional interim approval of the plan that was submitted
on September 12, 1996.
Today's notice of proposed rulemaking begins a 30-day clock for the
Commonwealth to make a commitment to EPA to correct the major elements
of the SIP that EPA considers deficient, by date certain, within 1 year
of conditional approval. These elements are described as follows. In
order to make this 15% plan approvable, Pennsylvania must fulfill the
following conditions by no later than 12 months after EPA's final
conditional interim approval:
(1) Reconcile the 1990 VOC point source emissions inventory with
all the appendices, tables and narratives throughout the 15% document,
wherever emissions are cited;
(2) After establishing consistent figures as described in (1)
above, provide sample calculations for point source 1990, 1990
adjusted, and 1996 projected emissions showing how each of these
figures were obtained (The level of documentation must be equivalent to
that required for approval of a 1990 emissions inventory as described
in the emission inventory documents at the beginning of the technical
support document.);
(3) Provide additional documentation for the emissions for those
sources categories where credit is claimed (shutdowns, TSDFs);
(4) Provide a written commitment to remodel and submit the enhanced
I/M program as implemented in the Philadelphia nonattainment area in
accordance with EPA guidance (December 23, 1996 memo entitled
``Modeling 15% VOC Reductions from I/M in 1999--Supplemental Guidance);
and
(5) Fulfill the conditions listed in the enhanced I/M SIP
rulemaking notice (proposed October 3, 1996, 61 FR 51638; final January
28, 1997, 62 FR 4004).
After making all the necessary corrections to establish accuracy
and consistency in the emission inventory, baseline and projected
figures, and the creditability of chosen control measures, Pennsylvania
must demonstrate that 15% emission reduction is obtained in the
Philadelphia nonattainment area as required by section 182(b)(1) of the
Act and in accordance with EPA's policies and guidance issued pursuant
to section 182 (b)(1). Resolution of the issues pertaining to banked
emissions and projected growth is not a condition of this 15% plan
approval (although documentation for the amount of shutdown credit is).
Satisfactory resolution of these issues will be required for any
approval of subsequent air quality plans. If the Commonwealth does not
make the required written commitment to EPA within 30 days, EPA is
today proposing in the alternative that this SIP revision be
disapproved.
EPA and Pennsylvania have worked closely since the September 1996
submittal in order to resolve all the issues necessary to fully approve
the Philadelphia 15% plan. Pennsylvania is aware of the deficiencies
cited above and is currently working to amend the Philadelphia 15% plan
to address the above-named deficiencies. While these deficiencies
currently remain, EPA believes that all issues will be resolved no
later than 12 months after EPA's final conditional interim approval of
the Philadelphia 15% plan. EPA will consider all information submitted
as a supplement or amendment to the September 1996 submittal prior to
any final rulemaking action. In addition, since Congress passed the
National Highway Systems Designation Act of 1995, which amended federal
I/M program requirements and granted states authority to revise their
I/M programs, and Pennsylvania has utilized that authority to revise
its I/M program, revision of the 15% plan to reflect the I/M program
changes is expected. When the Commonwealth submits an amended 15% plan,
EPA will review the whole Philadelphia 15% plan and the Philadelphia
1990 base year emissions inventory, including its amendments, for
compliance with the requirements of the Act. At that time, EPA will re-
propose rulemaking action based on the merits of the original submittal
and its amendments.
Nothing in today's action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP 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.
This proposed conditional interim approval action for the
Pennsylvania
[[Page 11138]]
15% plan and the 1990 VOC emission inventory for Philadelphia has been
classified as a Table 3 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 a July 10, 1995
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation. The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
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.
Conditional approvals of SIP submittals under section 110 and
subchapter I, part D of the CAA 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, EPA 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 SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action would not have a significant impact on a
substantial number of small entities because it does not remove
existing requirements nor does it substitute a new federal requirement.
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
The Regional Administrator's decision to approve or disapprove the
SIP revision pertaining to the Philadelphia 15% plan and 1990 VOC
emission inventory will be based on whether it meets the requirements
of section 110(a)(2) (A)-(K) and part D of the Clean Air Act, as
amended, and EPA regulations in 40 CFR part 51.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental regulations, Reporting and recordkeeping, Ozone,
Volatile organic compounds.
Dated: February 28, 1997.
Stanley Laskowski,
Acting Regional Administrator.
[FR Doc. 97-6019 Filed 3-10-97; 8:45 am]
BILLING CODE 6560-50-P
