[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Proposed Rules]
[Pages 46325-46331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22047]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA100-4093; FRL-6428-4]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Post-96 Rate of Progress Plan for the Philadelphia Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing limited approval of a State Implementation
Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This
revision consists of the three percent per year emission reduction
rate-of-progress (ROP) plan for the period 1996-1999 in the
Pennsylvania portion of the Philadelphia-Wilmington-Trenton severe
ozone nonattainment area (the Philadelphia area). This requirement is
commonly known as the Post-96 ROP plan. The intended effect of this
action is to propose limited approval of this ROP plan required by the
Clean Air Act to ensure progress on reducing emissions of ozone
precursors.
DATES: Written comments must be received on or before September 24,
1999.
ADDRESSES: Written comments may be mailed to David L. Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103, and the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814-2178. Or
by e-mail at fernandez.cristina@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has prepared a technical support
document (TSD) for this action. The TSD contains details of
Pennsylvania's July 31, 1998 submittal and EPA's evaluation of that
submittal. Copies of the TSD are available from the EPA Regional office
listed in the ADDRESSES section of this document.
I. Background
Section 182(b)(1) of the Clean Air Act (the Act) requires all
moderate, serious, severe, and extreme ozone nonattainment areas to
reduce volatile organic compound (VOC) emission 15% from 1990 levels by
1996. That requirement is known as the 15% plan. Section 182(c)(2)(B)
of the Act requires serious, severe, and extreme ozone nonattainment
areas to reduce emissions of VOC by 3% per year every year from 1996
until their attainment dates. This requirement, known as the Post-96
rate-of-progress (ROP) plan, was originally due by November 15, 1994.
However, in a March 2, 1995 memorandum, EPA Assistant Administrator
Mary Nichols outlined an alternative attainment demonstration policy
that combines the Post-96 ROP plan with the attainment demonstration
requirements found in section 182(c)(2)(A) of the Act. This approach
consists of two ``phases.'' Phase I requires the states to submit a
plan to meet ROP from 1996 to 1999 (the Post-96 ROP plan), and a set of
three enforceable commitments. For Phase II, states are required to
submit a ROP plan from 1999 to the area's attainment year (commonly
referred to as the Post 99 ROP plan), and a modeled attainment
demonstration.
The Philadelphia area is classified as a severe ozone nonattainment
area. This is a four-state ozone nonattainment area consisting of
portions of Delaware, Maryland, New Jersey, and Pennsylvania. For
purposes of the Post 96 ROP plan, the four states have maintained the
same agreement they reached regarding the 15% ROP plan for the
Philadelphia area, namely that each state would secure a 15% reduction,
and now a 9% (3% per year for 1997, 1998 and 1999) reduction from its
portion of the area's base year inventory. The Pennsylvania portion of
the Philadelphia area consists of Bucks, Chester, Delaware, Montgomery,
and Philadelphia Counties. In a May 31, 1995 letter from James Seif,
Secretary of Pennsylvania's Department of Environmental Protection to
EPA Region III, Pennsylvania committed to participating in the
alternative attainment demonstration approach outlined in the March 2,
1995 memorandum.
On July 31, 1998, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a revision to the Pennsylvania State
Implementation Plan (SIP) consisting of the Post-96 plan for the
Pennsylvania portion of the Philadelphia severe ozone nonattainment
area. EPA received this revision on August 4, 1998. PADEP's July 31,
1998 submittal contains both the 1996 to 1999 ROP reduction, and the
additional requirements described in the March 2, 1995 Mary Nichols
memorandum. This submittal also includes the 1990 oxides of nitrogen
(NOX) base year inventory for the Philadelphia nonattainment
area. In an October 2, 1998 letter, EPA determined that PADEP's
submittal is administratively and technically complete. That
completeness determination stopped the 18-month sanctions clock that
EPA started on May 7, 1997. The sanctions clock had been started for
Pennsylvania's failure to submit the enforceable commitments to adopt
(1) additional measures needed for attainment and (2) the remainder of
the rules to meet ROP requirements pending modeling results from the
Ozone Transport Assessment Group (OTAG), as required by the March 2,
1995 Mary Nichols memorandum. PADEP's complete July 31, 1998 SIP
submittal remedied that failure. Therefore, the sanctions clock was
halted.
This rulemaking only addresses the portion of PADEP's July 31, 1998
submittal related to the 1996 to 1999 ROP plan, i.e. the Post-96 ROP
plan. On June 17, 1999 EPA approved the 1990 NOX base year
inventory SIP submittal in a separate rulemaking action (64 FR 32424).
Section 182(c)(2)(C) of the Act allows states to substitute
emission reductions of NOX occurring after 1990 for VOC
reductions in the Post-1996 rate of progress plans. VOC and
NOX reduction measures, whether mandatory under the Act or
adopted at the state's discretion, must ensure ``real, permanent, and
enforceable'' emissions reductions. Pennsylvania uses both VOC and
NOX emission control measures to meet the 9% reduction
required for the Post 96 ROP plan.
II. Base Year Inventory
EPA approved the 1990 base year VOC emissions inventory for
Pennsylvania's portion of the Philadelphia area on June 9, 1997 (62 FR
31343). As stated above, EPA approved the 1990 base year NOX
emissions inventory for Pennsylvania's portion of the Philadelphia area
on June 17, 1999 (64 FR 32424).
[[Page 46326]]
III. Post-1996 ROP Plans
A. Calculation of Needed Reductions
The process for the calculation of the required reductions is set
forth in EPA's guidance document entitled ``Guidance on the Post-96
Rate of Progress Plans and the Attainment Demonstration,'' January
1994. The ``target level'' of emissions represents the maximum amount
of emissions that a nonattainment area can have in the given target
year, which in this case is 1999. Section 182(c)(2)(C) of the Act
allows states to substitute NOX emission reductions that
occur after 1990 for VOC emissions in the Post-1996 Plan. EPA issued
guidance on the criteria states can use to substitute NOX
for VOC reductions on December 15, 1993, ``NOX Substitution
Guidance'' and follow-up guidance on August 5, 1994, ``Clarification of
Policy for Nitrogen Oxides (NOX) Substitution.'' The
condition for meeting the ROP requirement is that the sum of all
creditable VOC and NOX emission reductions must equal 3
percent per year averaged over the three year period 1996 to 1999, for
a total of 9 percent. If a state wishes to substitute NOX
for VOC emission reductions, then a target level of emissions
demonstrating a representative combined 9 percent emission reduction in
VOC and NOX emissions must be developed for the year 1999.
Furthermore, growth in both VOC and NOX emissions must be
offset by emission reductions. Therefore, separate emission target
levels for 1999 must be calculated for both VOC and NOX
emissions.
To calculate the target level of emissions, the required emission
reduction is subtracted from the previous milestone's target level. In
this case, the 1999 ROP VOC target level is based on the 1996 VOC
target level calculated for the 15% plan. EPA granted approval of
Pennsylvania's 15% ROP plan for the Philadelphia area on June 9, 1997
(62 FR 31343). A technical correction to that document was published on
January 6, 1998 (63 FR 415). In that plan, the PADEP calculated the 15%
ROP target level to be 494.31 tons per day (TPD).
1999 Rate of Progress (ROP) VOC and NOX Target Level
Calculation
Pennsylvania has elected to substitute NOX for VOC
emission reductions in its Post-96 ROP plan for the Philadelphia area.
In Pennsylvania's plan, growth in VOC emissions from 1996 to 1999 was
offset by VOC emission reductions achieved by 1999. Similarly, growth
in NOX emissions from 1990 to 1999 was offset by
NOX emission reductions achieved in that same time period.
Pennsylvania did not calculate separate VOC and NOX target
levels. However, EPA was able to calculate VOC and NOX
target levels using data in Pennsylvania's Post-96 ROP plan. These
calculations are shown below.
VOC:
1. 1990 ROP base year inventory = 1990 base year 732-116 = 616 TPD.
inventory minus biogenic emissions.
2. 1990 adjusted base year inventory = 1990 ROP base 616-39 = 576 TPD.
year inventory minus 1990 to 1999 Federal Motor
Vehicle Control Program (FMVCP) and Reid Vapor
Pressure (RVP) reductions.
3. Required reductions = 0.5% x 1990 adjusted base 0% x 576 = 0 TPD.
year inventory.
4. 1999 ROP target level = 1996 target minus required 494-0-6 = 488 TPD.
reduction minus fleet turnover correction.
5. Reductions needed for ROP and to offset growth 625-488 = 137 TPD.
(rounded to nearest ton) = 1999 uncontrolled emissions
minus 1999 target.
NOX:
1. 1990 ROP base year inventory (sum of all point, 440 TPD.
area, and mobile source emissions).
2. 1990 adjusted base year inventory = 1990 ROP base 440-20 = 420 TPD.
year inventory minus 1990 to 1999 FMVCP/RVP reductions.
3. Required reduction = 9% x 1990 adjusted base year 9% x 420 = 38 TPD.
inventory.
4. 1999 ROP target level = 1990 ROP base year inventory 440-38-20 = 382 TPD.
minus required reduction minus 1990 to 1999 FMVCP/RVP
reductions.
5. Reductions needed for ROP and to offset growth 455-382 = 73 TPD.
(rounded to nearest ton) = 1999 uncontrolled emissions
minus 1999 target.
B. Growth Projections (1990-1999)
States must include control measures in their Post-1996 ROP plans
to offset the emissions growth projected to occur after 1996.
Therefore, states must project their emission inventories to estimate
emissions growth between 1996 and 1999. EPA's document entitled
``Guidance on the Post-1996 Rate-of-Progress Plan and the Attainment
Demonstration'' provides guidance to states on how to calculate growth.
The projected inventories must reflect expected growth in activity, as
well as regulatory actions which will affect emission levels. EPA
guidance provides that emission projections for point sources can be
based on information obtained directly from facilities and/or permit
applications. Area and mobile source emission projections may be
developed from information from local planning agencies. In the absence
of source-specific data, credible growth factors must be developed from
accurate forecasts of economic variables and the activities associated
with the variables. Economic variables that may be used as indicators
of activity growth are: product output, value added, earnings, and
employment. Population can also serve as a surrogate indicator.
Economic data and models which provide acceptable growth factors for
emission projections include the U.S. Department of Commerce Bureau of
Economic Analysis (BEA) forecasts for states and metropolitan
statistical areas; the Economic Growth Analysis System (E-GAS), which
models economic growth and estimates corresponding increases in
emissions-producing activity; and the Emissions Preprocessor System for
urban airshed modeling, which produces spatially and temporally-
resolved emission inventories for input into urban airshed models.
Growth Factor Methodology
PADEP's Post-96 ROP plan uses growth factors from the BEA
projection factor software (BEAFAC) for point sources, most area
sources, and non-road mobile emissions sources. PADEP's Post-96 ROP
plan assumes linearity of the BEA data, and uses linear interpolation
of BEA factors from the years 1988, 1995, and 2000 to generate
estimates for 1990 and 1999. BEA data from 1973 and 1979 was excluded,
since the economic changes in Pennsylvania in those years creates a
nonlinearity in the interpolation. BEA data from 2010 and 2040 was
excluded because of PADEP's lack of confidence in its accuracy.
[[Page 46327]]
Point Source Emissions Growth Calculation
PADEP summed the emissions for each 2-digit Standard Industrial
Classification (SIC), which is industrial source category based, and
applied the growth factor to the entire emissions attributable to that
2-digit SIC grouping. For its point source inventory, Pennsylvania
matched BEA growth projections for 57 industrial categories to similar
two-digit SIC codes used in the inventory. All of the BEA growth
projections were increases except for small decreases in nine
categories. These are: metal mining, coal mining, oil and gas
extraction, tobacco products, apparel, leather and leather products,
primary metal industries, electronic and other electrical equipment,
and water transportation.
Area Source Growth Emissions Growth Calculation
With the exception of gasoline marketing, growth factors from the
BEA's projection factor software, BEAFAC, were used for area sources.
For the most part, employment and population factors were utilized.
Gasoline marketing growth is determined by growth in vehicle miles
traveled (VMT), and is calculated using MOBILE5.
Nonroad Engine Emissions Growth Calculation
Growth factors from the BEA were used for non-road mobile sources.
Section 6.5, Highway Vehicle Emissions Growth Calculation
Vehicle miles traveled (VMT) growth was projected by a travel-
demand computer model for the Philadelphia area. The MOBILE5 model was
run, and then meshed with the VMT data using Pennsylvania's Post
Processor for Air Quality (PPAQ) to determine 1999 projected highway
emissions. VMT data for 1990 and 1999 is summarized in the following
table.
Appendix V.--VMT Growth, 1990-1999
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Growth as % of 1990 VMT
County 1990 VMT (miles) 1999 VMT (miles) (percent)
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Bucks................................ 12,850,048 14,829,484 1.15
Chester.............................. 10,147,864 12,712,974 1.25
Delaware............................. 8,279,044 10,201,547 1.23
Montgomery........................... 16,839,969 19,653,334 1.17
Philadelphia......................... 16,485,464 17,352,364 1.05
Total............................ 64,602,389 74,749,703 1.16
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Summary of Projected Emissions Growth, 1990-1999 in PADEP's Post-96 ROP
Plan
The following tables summarize VOC and NOX emissions
growth, by source sector, from the PADEP's Post-96 ROP plan:
VOC Emissions Growth for the Philadelphia Area, 1990-1999
[1990 base year and 1999 projected uncontrolled emission inventories (tpd)]
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Point Area Highway Nonroad Total
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1990 Emissions........................................... 152.75 194.35 187.89 80.56 615.55
Growth................................................... 9.75 8.51 -11.03 2.07 9.30
Growth as % of 1990 Emissions............................ 6.4% 4.4% -5.9% 2.6% 1.5%
1999 Emissions........................................... 162.50 202.86 176.86 82.63 624.85
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NOX Emissions Growth for the Philadelphia Area, 1990-1999
[1990 base year and 1999 projected uncontrolled emission inventories (tpd)]
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Point Area Highway Nonroad Total
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1990 Emissions........................................... 161.90 47.12 158.32 72.20 439.54
Growth................................................... 15.59 -0.11 -1.94 2.17 15.71
Growth as % of 1990 Emissions............................ 9.6% -0.2% -1.2% 3.0% 3.6%
1999 Emissions........................................... 177.49 47.01 156.38 74.37 455.25
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EPA evaluation: The Commonwealth's growth projection methodologies
are acceptable, as listed in EPA's inventory preparation guidance and
guidance for growth factor estimation.
C. EPA's Evaluation of Control Measures
The purpose of the Post-1996 ROP plan is to demonstrate how the
State has reduced emissions 3% per year between the years 1996 and
1999, for a total 9% reduction. In general, reductions toward ROP
requirements are creditable provided the control measures occurred
after 1990 and are real, permanent, quantifiable and federally
enforceable. A short description of each of the control measures
selected by Pennsylvania follows.
Reformulated Gasoline (RFG)
This is a federally implemented control measure. Section 211(k) of
the CAA requires that, beginning January 1, 1995, only reformulated
gasoline be sold or dispensed in ozone nonattainment areas classified
as severe or worse. As a severe area, Philadelphia benefits from the
emission reductions from this program. PADEP claims a VOC emission
[[Page 46328]]
reduction of 22.41 TPD and a NOX reduction of 0.43 TPD from
this measure.
Fully creditable reductions: 22.41 TPD VOC and 0.43 TPD
NOX.
Enhanced I/M
On 1/28/98, EPA granted conditional interim approval of
Pennsylvania's enhanced I/M program. PADEP made submittals to satisfy
all conditions of this rulemaking. On June 8, 1999, EPA lifted the
interim nature of its conditional interim approval (64 FR 30399). On
June 17, 1999 (64 FR 32411), EPA converted its conditional approval of
Pennsylvania's enhanced I/M program to full approval. The emission
reductions from the fully approved enhanced I/M are fully creditable.
Fully creditable reductions: 59.28 TPD VOC, and 32.29 TPD
NOX.
Federal Motor Vehicle Control Program (FMVCP) and Tier I Vehicle
Emission Standard (Tier I)
This is a federally implemented control measure. The MOBILE5 model
automatically applies FMVCP controls (unless that feature is disabled).
PADEP claims a VOC emission reduction of 6.92 TPD and a NOX
reduction of 14.84 TPD from this measure.
Fully creditable reductions: 6.92 TPD VOC, and 14.84 TPD
NOX.
Stage II Vapor Recovery
EPA approved Pennsylvania's Stage II vapor recovery regulation on
December 13, 1995 (60 FR 63938). 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. PADEP claimed a 17.71
TPD VOC emission reduction from the implementation of this regulation.
Fully creditable reductions: 17.71 TPD VOC.
OTC NOX MOU (Phase II)
The 1990 Clean Air Act amendments created the northeast Ozone
Transport Region (OTR) in recognition that ozone is a regional problem
that requires a regional planning approach. The OTR includes the States
of Maine, New Hampshire, Massachusetts, Vermont, Connecticut, Rhode
Island, New York, New Jersey, Pennsylvania, Maryland, Delaware,
Washington DC, and portions of northern Virginia. The Ozone Transport
Commission (OTC) is a planning body composed of representatives of each
of the OTR states. On September 27 1994, the OTC initiated a major
agreement to cut emissions of NOX from power plants and
other large stationary NOX sources. The agreement put forth
was a Memorandum of Understanding (MOU) that committed states in the
OTR to reduce NOX emissions in three phases. The first phase
of NOX reductions outlined in the MOU was NOX
RACT level of control. The second and third phases are more stringent
than RACT. Pennsylvania was a signatory to the OTC NOX MOU,
and has adopted and implemented Phase II controls.
Pennsylvania adopted its OTC NOX MOU rules, Title 25
Pennsylvania Code Chapters 121 and Chapter 123--Nitrogen Oxides
Allowance Requirements, on September 16, 1997. The requirements became
effective on November 1, 1997. PADEP submitted the rules to EPA as a
SIP revision on December 29, 1997. On January 26, 1999, EPA proposed
approval of PADEP's NOX MOU rule (64 FR 3906). The emission
reductions claimed by Pennsylvania for this control measure are not
fully approvable as creditable toward ROP requirements until EPA takes
final action to fully approve Pennsylvania's NOX MOU
regulation into the SIP. PADEP's claims a 27.37 TPD emission reduction
from this measure.
Reductions: 27.37 TPD NOX.
(not fully approvable as creditable until EPA fully approves PADEP's
NOX MOU rule)
RACT
PADEP claims a 10 TPD VOC emission reduction and a 6 TPD
NOX emission reduction from RACT controls. In severe ozone
nonattainment areas, the Act requires RACT controls on all VOC sources
for which EPA has issued a control techniques guideline (CTG). RACT
controls are also required on all non-CTG sources of VOC and on
NOX sources with the potential to emit (PTE) 25 tons per
year (TPY) or greater. In the Philadelphia area, by definition, VOC and
NOX sources with PTE 25 PTE or more are defined as ``major
sources.'' Compliance was required by May 31, 1995.
On February 4, 1994, PADEP submitted a revision to its SIP for the
control of VOC and NOX emissions from major sources
(Pennsylvania Chapters 129.91 through 129.95). This submittal was
amended with a revision on May 3, 1994 correcting and clarifying the
presumptive NOX RACT requirements under Chapter 129.93. The
SIP revision consists of new regulations which require sources that
have the PTE 25TPY or more of VOC (not already subject to RACT under a
category specific SIP regulation developed pursuant to a CTG) or
NOX in the Philadelphia area to comply with RACT by May 31,
1995. While the new regulations contain specific provisions requiring
major non-CTG VOC and major NOX sources to implement RACT,
the regulations do not contain specific emission limitations in the
form of a specified overall percentage emission reduction requirement
or other numerical emission standards. Instead, the regulations contain
technology-based or operational ``presumptive RACT emission
limitations'' for certain major NOX sources. For other major
NOX sources, and all subject major non-CTG VOC sources, the
submittal contains a ``generic'' RACT provision. A generic RACT
regulation is one that does not impose specific up-front emission
limitations but instead allows for future case-by-case determinations.
This regulation allows PADEP to make case-by-case RACT determinations
that are then submitted to EPA as revisions to the Pennsylvania SIP.
PADEP takes credit for emission reductions from source-specific
controls on a number of VOC and NOX sources in the
Philadelphia area.
The following table lists the specifc sources that PADEP takes
credit for in the Post-96 ROP plan, and the emission reductions claimed
for each source. Note that the NOX sources listed are not
covered by the OTC NOX MOU.
Emission Reductions Claimed for VOC and NOX
------------------------------------------------------------------------
VOC Reductions
Source Claimed (TPD)
------------------------------------------------------------------------
Fasson--Division of Avery............................ 6.54
PECO Energy--Cromby.................................. 0.03
ICI/NP............................................... 0.27
Norwood Industries................................... 2.12
[[Page 46329]]
Philadelphia Baking.................................. 0.12
Nabisco.............................................. 0.33
Continental Baking................................... 0.41
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Total VOC Reduction Claimed...................... 9.82
------------------------------------------------------------------------
Source NOX Reductions
Claimed (TPD)
------------------------------------------------------------------------
PECO Energy--Cromby.................................. 3.62
Transcontinental Gas Pipeline........................ 0.01
Sun Refining & Marketing............................. 1.99
Philadelphia Baking.................................. 0.01
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Total NOX Reduction Claimed...................... 5.63
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On February 23, 1998, EPA granted conditional limited approval to
PADEP's generic VOC and NOX RACT regulations. The conditions
required to be met in order for EPA to convert its conditional limited
approval to limited approval were that Pennsylvania submit all case-by-
case RACTs to EPA as SIP revisions within one year of the effective
date of EPA's final conditional approval (i.e. by April 22, 1999), and
certify either (1) that there are no additional sources to which the
RACT requirement is applicable, or (2) demonstrate that the emissions
remaining from the sources subject to the RACT requirements are de
minimis. On April 22, 1999, Pennsylvania submitted a demonstration to
meet the conditions set forth in this notice. Once EPA approves all of
PADEP's case-by-case RACT determinations as SIP revisions, EPA will
convert its limited approval of Pennsylvania's generic RACT rule to a
full approval.
The reductions from RACT are not fully approvable as creditable in
the Post 96 ROP plan for the Philadelphia area until EPA approves as
SIP revisions those specific case-by-case RACT determinations for which
credit is claimed. While Pennsylvania has submitted all of the RACTs
listed above, only one of these has been SIP approved. Because the RACT
for ICI/NP is the only one approved into the SIP, it is the only source
with a fully approvable creditable emission reduction, 0.27 TPY VOC.
Emission reductions from the additional sources will become fully
approvable as creditable when EPA approves the source-specific SIP
revisions. Therefore, the remaining emission reductions that PADEP has
claimed (9.82 minus the 0.27 from ICI/NP = 9.55 TPD VOC, and 5.63 TPD
NOX) are not fully approvable as creditable until EPA fully
approves each source-specific SIP revision.
PADEP needs 3.42 TPD of the 6.54 TPD VOC emission reduction it
claims from one source, Fasson (located in Bucks County) to meet the
1999 ROP target. The credits from the VOC and NOX RACT
sources in PADEP's plan would provide a buffer to ensure that the ROP
target is met.
Fully creditable reductions: 0.27 TPD VOC
Additional reductions: 9.55 TPD VOC and 5.63 TPD NOX
(Not fully approvable as creditable until EPA fully approves the
case-by-case SIP revisions)
Autobody Refinishing Coatings
According to EPA's guidance and proposed national autobody
refinishing rule, PADEP claimed a 37% reduction from this source
category. PADEP used projected 1999 uncontrolled VOC emissions of 18.34
TPD to calculate a 6 TPD emission reduction.
This is a federally implemented control measure. EPA's final rule,
``National Volatile Organic Compound Emission Standards for Automobile
Refinish Coatings,'' was published on September 11, 1998 (63 FR 48806).
This rule will result in a 36% VOC reduction for areas such as
Philadelphia that are currently unregulated for this source category.
EPA reviewed the area source emissions data and projections
included in the plan, and determined that the 1999 projected
uncontrolled VOC emissions for autobody refinish coatings is 17.176
TPD.
Fully creditable reductions: 36% x 17.176 = 6.18 TPD VOC
Consumer Products
PADEP claims a 20% reduction from this control measure, and states
that the 1999 uncontrolled VOC emissions from this source category are
33 TPD. This is a federally implemented control measure. The final rule
``National Volatile Organic Compound Emission Standards for Consumer
Products,'' (63 FR 48819), published on September 11, 1998, results in
a 20% reduction. EPA reviewed the area source emissions data and
projections that PADEP included in appendix IV, Area Source Emissions
Data and concluded that PA used the overall consumer & commercial
products emission factor, 6.3 pounds per capita annually, to calculate
the 1999 projected emissions for this source category. EPA's consumer
products rule only covers a subset of that source category, and the
proper emission factor is 3.9 pounds per capita annually, as specified
in the June 22, 1995 memorandum from John S. Seitz, Director of EPA's
Office of Air Quality Planning and Standards, entitled ``Regulatory
Schedule for Consumer and Commercial Products under section 183(e) of
the Clean Air Act.'' Therefore, PADEP overestimated the creditable
emission reduction by a factor of 1.62 (6.3 3.9 = 1.62).
The 1999 projected uncontrolled emission from the entire consumer
products source category in the Philadelphia area is 33.205 TPD.
Therefore, the 1999 uncontrolled emissions from the sources covered by
the consumer products rule is 20.497 TPD (33.205 1.62).
Fully creditable reductions: 20% x 20.497 = 4.10 TPD VOC
Architectural and Industrial Coatings
PADEP claims a 15% reduction from this measure, and states that the
uncontrolled emissions from this category are approximately 40 TPD, and
the resulting emission reduction is 7 TPD. This is a federally
implemented control measure. EPA's final rule, ``National Volatile
Organic Compound
[[Page 46330]]
Emission Standards for Architectural Coatings,'' (63 FR 48848),
published on September 11, 1998, results in a 20% reduction. EPA
reviewed the area source emissions data and projections that PADEP
included in appendix IV, Area Source Emissions Data, to determine the
1999 projected uncontrolled VOC emissions for architectural coatings.
Uncontrolled emissions from architectural surface coatings, high
performance industrial coatings, and other special purpose coatings
total 36.325.
Fully creditable reductions: 20% x 36.325 = 7.27 TPD VOC
Treatment, Storage, and Disposal Facilities (TSDFs)
In the plan, PADEP states that the federally-implemented Phase II
TSDF standards require 93% control of emissions from this source
category. PADEP states that, using an 80% rule effectiveness factor,
emission reductions from this control measure equal about 10 TPD. This
is a federally implemented control measure. EPA reviewed the area
source emissions data and projections that PADEP included in appendix
IV, Area Source Emissions Data, to determine the 1999 projected
uncontrolled VOC emissions for TSDFs to be 12.689 TPD.
EPA promulgated Phase I of the TSDF national rule on June 21, 1990
(55 FR 25454). In a May 6, 1993 policy memo, ``Credit Toward the 15
Percent Rate-of-Progress Reductions from Federal Measures,'' from G.T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch and Susan Wyatt,
Chief, Chemicals and Petroleum Branch, to Air Branch Chiefs, Regions I-
X, EPA specified that the maximum reduction limit that states could
claim for Phase II of the national TSDF regulation is 93% of total TSDF
emissions. 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. Using an 80% rule effectiveness factor, creditable
emission reductions from this control measure equal 9.44 TPD.
Fully creditable reductions: 93% x 80% x 12.698 = 9.44 TPD VOC.
D. EPA Evaluation of Rate of Progress Plan
EPA's review of this Pennsylvania submittal indicates that the
Commonwealth has adopted, submitted and implemented adequate measures
to achieve the Act's required 9 percent reduction in ozone precursor
emissions between 1996 and 1999 and offset VOC growth with VOC
reductions in that same period. As shown in the table below, the
emission reductions from the measures in PADEP's Post-96 plan will meet
the 9% requirement. When all measures are fully SIP approved, they will
result in fully creditable emission reductions of 9% for NOX
and 0% for VOC.
Emission Reductions in the Philadelphia Post-96 ROP Plan (TPD)
----------------------------------------------------------------------------------------------------------------
VOC NOX
-------------------------------------------------------------------------------
Control Measures Not yet creditable Not yet
Fully creditable * Fully creditable creditable*
----------------------------------------------------------------------------------------------------------------
RFG............................. 22.41 .................. 0.43 ..................
Enhanced I/M.................... 59.28 .................. 32.29
FMVCP/Tier 1.................... 6.92 .................. 14.84
Stage II........................ 17.71
NOX MOU......................... .................. .................. .................. 27.37
RACT & Source-Specific VOC 0.27 9.55 .................. 5.63
Controls.......................
AIM............................. 7.27
Autobody Refinishing............ 6.18
Consumer Products............... 4.10
TSDF Controls................... 9.44
Subtotals....................... 133.58 9.55 47.56 33.00
-------------------------------------------------------------------------------
Total Reductions............ 143.13
80.56
-------------------------------------------------------------------------------
Required Reductions......... 137
73
----------------------------------------------------------------------------------------------------------------
* These emission reductions will not be fully approvable as creditable until EPA fully approves the related
control measures into the Pennsylvania SIP.
EPA cannot propose full approval of the plan until all underlying
measures from which emission reductions are credited are fully approved
into Pennsylvania's SIP. Therefore, EPA cannot fully approve the Post
96 ROP plan until the OTC NOX MOU rule and the source
specific SIP revision for Fasson in Bucks County are fully approved.
EPA is proposing limited approval of the Post-1996 ROP plan for the
Pennsylvania portion of the Philadelphia area on the basis that it
strengthens the SIP. The limited approval would remain until EPA fully
approves the NOX MOU rule, and the source-specific SIP
revision for Fasson needed to meet the target.
EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the Addresses section of
this document.
Proposed Action
EPA is proposing limited approval of the Post-96 ROP plan for the
Pennsylvania portion of the Philadelphia severe ozone nonattainment
area, submitted by the Commonwealth of Pennsylvania on July 31, 1998.
Administrative Requirements
A. Executive Orders 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides
[[Page 46331]]
the funds necessary to pay the direct compliance costs incurred by
those governments. If EPA complies by consulting, E.O. 12875 requires
EPA to provide to the Office of Management and Budget a description of
the extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is
``economically significant,'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to Executive Order 13045 because
it is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not address an environmental health
or safety risk that would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, E.O. 13084 requires EPA to provide to the Office of
Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This proposed rule will not have a significant impact on
a substantial number of small entities because SIP approvals under
sections 110 and 301, 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, I certify 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 Clean Air Act,
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).
F. Unfunded Mandates
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
annual 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
this proposed approval action, proposing limited approval of
Pennsylvania's July 31, 1998 Post-96 ROP plan for its portion of the
Philadelphia severe ozone nonattainment area, does not include a
Federal mandate that may result in estimated annual 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Nitrogen dioxide, Ozone.
Dated: August 12, 1999.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 99-22047 Filed 8-24-99; 8:45 am]
BILLING CODE 6560-50-P
