Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Rate of Progress Plan for Pennsylvania Portion of the Philadelphia-Wilmington-Trenton Ozone Nonattainment Area

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[Federal Register: August 24, 2001 (Volume 66, Number 165)]
[Proposed Rules]
[Page 44568-44571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au01-22]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 116/121/154/-4129; FRL-7043-6]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Rate of Progress Plan for Pennsylvania Portion of the
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the Commonwealth of Pennsylvania consisting of
the 1999, 2002, and 2005 rate of progress (ROP) plans for the
Pennsylvania portion of the Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area (the Philadelphia area). Rate of progress plans are
required by the Clean Air Act (the Act) to ensure progress in reducing
emissions of ozone precursors. The intended effect of this action is to
propose approval of the ROP plans submitted by the Pennsylvania
Department of Environmental Protection (PADEP) to reduce volatile
organic compounds (VOCs) and oxides of nitrogen (NO_X), which
contribute to the formation of ground level ozone. EPA is withdrawing
the previous proposed approval of the Pennsylvania post-1996 ROP plan,
published on August 25, 1999.

DATES: Written comments must be received on or before September 24,
2001.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief,
Air Quality Planning and Information Services 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;
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.

FOR FURTHER INFORMATION CONTACT: Jill Webster, (215) 814-2033 or by e-
mail at Webster.Jill@epa.gov. Please note that while questions may be
posed via telephone and e-mail, formal comments must be submitted, in
writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION: The Commonwealth submitted the required ROP
plans in two phases. The first plan, submitted on July 31, 1998,
consists of a 9 percent reduction in ozone precursors from November
1996 to November 1999. On April 30, 1998, the Commonwealth submitted
the second of the ROP plans, which consists of an additional 3 percent
per year reduction in ozone precursors demonstrated for milestone years
2002 and 2005. The April 30, 1998 submittal also included an attainment
demonstration for the Philadelphia area, which is the subject of a
separate rulemaking action. On February 25, 2000, the Commonwealth
amended the SIP pertaining to the motor vehicle emissions reductions
and budgets for the Philadelphia area. Henceforth, each ROP plan shall
be referred to by its respective milestone year, either 1999, 2002 and
2005; and the three plans collectively shall be referred to as the
post-1996 ROP plans. These post-1996 plans collectively demonstrate ROP
from November 1996 thorough November 2005.

I. Background

The Act requires serious and above ozone nonattainment areas to
develop post-1996 ROP plans to reduce area-wide VOC emissions after
1996 by 3 percent per year averaged over consecutive 3-year periods,
until the attainment year for that area. In this case, the Philadelphia
area has submitted a SIP establishing an attainment date of 2005, the
outside attainment date for areas classified as severe-15. This 3
percent per year reduction requirement is a continuation of the
requirement for a 15 percent reduction in VOC by 1996. For the post-
1996 ROP plans, the Act allows for the substitution of NO_X
emission reductions in lieu of VOC emission reductions so long as
reductions in both precursors are beneficial for reducing ozone levels.
EPA has issued guidance applicable to the appropriate ratio of
NO_X to VOC. Our assessment of the post-1996 ROP plans is to
determine whether or not the 3 percent per year reduction requirement
is met.

II. Calculation of the 3 Percent Per Year Reduction

An ROP plan consists of a plan to achieve a target level of
emissions. There are several important emissions inventories and
calculations associated with the plan. These include: The base year
emission inventory, future year projection inventories, and target
level calculations. Each of these is described below.

A. Base Year Emission Inventory

EPA approved the 1990 base year VOC emissions inventory for
Pennsylvania's portion of the Philadelphia nonattainment area on June
9, 1997 (62 FR 31343). EPA approved the 1990 NO_X base year
emission inventory for Pennsylvania's portion of the Philadelphia
nonattainment area on June 17, 1999 (64 FR 32424).

B. Calculation of Needed Reductions and Target Levels

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 emission represents the maximum amount of
emissions that a nonattainment area can have in the given target year.
Section 182(c)(2)(C) of the Act allows states to substitute
NO_X emission reductions that occur after 1990 for VOC
emission in the post-1996 ROP plans. EPA issued guidance for states to
use in substituting NO_X for VOC reductions on December 15,
1993, ``NO_X Substitution Guidance'' and follow-up guidance
on August 5, 1994, ``Clarification of Policy for Nitrogen
(NO_X) Substitution.'' This guidance provides that the
condition for meeting the ROP requirement is that the sum of all
creditable VOC and NO_X emissions must equal 3 percent per
year averaged over the three year periods up to the attainment year. If
a state wishes to substitute NO_X reductions for VOC emission
reductions, then a target level of emissions demonstrating a
representative combined 9 percent

[[Page 44569]]

emission reduction in VOC and NO_X must be developed for each
milestone year. In addition, in demonstrating ROP, projected growth in
both VOC and NO_X emissions must be offset by emission
reductions. Therefore, separate emission target levels must be
developed for both VOC and NO_X emissions for each of the
1999, 2002, and 2005 milestone years. To calculate the target level of
emissions, the required emission reduction is subtracted from the
previous milestone's target level. For example, the 1999 ROP VOC target
level is based upon the 1996 VOC target level calculated for the 15
percent plan.
EPA granted conditional approval of Pennsylvania's 15 percent plan
for the Philadelphia area on June 9, 1997 (62 FR 31343). On May 16,
2001 (66 FR 27051), EPA published a notice of proposed rulemaking (NPR)
to convert its prior conditional approval of Pennsylvania's 15 percent
plan SIP for the Philadelphia area to full approval. No public comments
were submitted on the NPR, and EPA expects to issue soon a final rule
converting its conditional approval of the 15 percent plan to full
approval. In its 15 percent plan, the PADEP calculated the 15 percent
ROP target level to be 494 tons per day (TPD).
Pennsylvania has elected to substitute NO_X for VOC
emissions reductions in the milestone years of 1999, 2002, and 2005 for
the Philadelphia area. In Pennsylvania's plans, growth in VOC emissions
is offset by VOC emissions reductions achieved by 2005. Similarly,
growth in NO_X emissions is offset by NO_X
emissions reductions achieved in that same time period. Pennsylvania
did not calculate separate VOC and NO_X target levels.
However, EPA has been able to calculate VOC and NO_X target
levels using data in Pennsylvania's ROP plans. The calculations for the
1999 milestone year are shown in Table 1 below.

Table 1.--Target Level and Emission Reduction Needs for the Philadelphia
Area Through 1999
[tons/day]
------------------------------------------------------------------------

------------------------------------------------------------------------
VOC
1. 1990 ROP base year inventory = 1990 732-116 = 616
base year inventory--biogenic emissions.
2. 1990 adjusted base year inventory = 616-39 = 577
1990 ROP base year inventory--1990 to
1999 FMVCP/RVP reductions.
3. Required Reductions = 0.0% x 1990 0% x 576 = 0
adjusted base year inventory.
4. 1999 target level = 1996 target-- 494-0-6 = 488
required reduction--fleet turnover
correction.
5. Reduction needed to offset VOC growth = 625-488 = 137
1999 uncontrolled emissions--1999 target.

NO_X
1. 1990 ROP base year inventory (sum of 440
all point, area, and mobile source
emission).
2. 1990 adjusted base year inventory = 440-20 = 420
1990 ROP base year inventory--1990 to
1999 FMVCP/RVP reductions.
3. Required reduction = 9% x 1990 9% x 420 = 38
adjusted base year inventory.
4. 1999 ROP target level = 1990 ROP base 440-38-20 = 382
year inventory--required reduction--1990
to 1999 FMVCP/RVP reductions.
5. Reductions needed for ROP and to offset 455-382 = 73
NO_X growth = 1999 uncontrolled emissions--
1999 target.
------------------------------------------------------------------------

Using the target levels calculated for 1999, EPA was able to
calculate NO_X and VOC reductions needed for following
milestone years 2002 and 2005. The calculations for each milestone are
summarized in Table 2 below.

Table 2.--Reductions in VOC and NO_X Needed for Milestone Years 1999,
2002 and 2005
[tons/day]
------------------------------------------------------------------------
Milestone and Assumed Reduction VOC NO_X
------------------------------------------------------------------------
1999 (9% ROP = 0% VOC + 9 % NO_X).............. 137 73
2002 (9% ROP = 5% VOC + 4% NO_X)............... 179 99
2005 (9% ROP = 4% VOC + 5% NO_X)............... 216 129
------------------------------------------------------------------------

C. Growth Projections

States must include control measures in their ROP plans to offset
the emissions growth projected to occur through the final milestone
year. In this case, the Commonwealth must project growth in emissions
that occur from 1996 through 2005. To meet the average 3 percent per
year requirement, the Commonwealth must enact measures achieving
sufficient emissions reductions to offset the projected growth in
emissions, in addition to achieving a 3 percent per year reduction of
NO_X/VOC emissions from 1996 through 2005. Growth must be
determined separately for each source or source category, since sources
typically grow at different rates. The post-1996 ROP plans submitted by
PADEP for the Philadelphia area contain growth projections for
stationary, area, on-road, and non-road sources using acceptable growth
factor methodologies. A more detailed description of the Commonwealth's
submittals and EPA's evaluation are included in a Technical Support
Document (TSD) prepared in support of this rulemaking action. A copy of
the TSD is available, upon request, from the EPA Regional Office listed
in the ADDRESSES section of this document. EPA has determined that the
Commonwealth's growth projection methodologies are acceptable for
growth factor estimation.

III. The Control Strategies Included in the 1999, 2002, and 2005
ROP Plans

The purpose of the ROP plans is to demonstrate how the state has
reduced emissions by 3 percent per year as averaged over each 3 year
period between November 1996 and November 2005. In general, reductions
toward ROP requirements are creditable, provided the control measure
was implemented after 1990 and the resulting reductions are real,
permanent, and Federally enforceable. Each control measure is described
in detail in the TSD for this action. Table 3, below, summarizes the
measures PADEP relies upon to demonstrate ROP for the applicable
milestone years.

[[Page 44570]]

Table 3.--Emission Reductions in the Philadelphia Post 1996 ROP Plans
tons/day
----------------------------------------------------------------------------------------------------------------
VOC NO_X
Control measure -----------------------------------------------------------------------------
1999 2002 2005 1999 2002 2005
----------------------------------------------------------------------------------------------------------------
RFG............................... 22.56 35.24 36.59 0.47 7.17 7.45
I/M............................... 58.69 61.44 65.38 32.22 32.73 33.89
FMVCP and Tier 1.................. 6.95 13.12 20.35 14.11 22.59 27.36
Stage II Vapor Recovery........... 17.71 19.82 21.25 ........... ........... ...........
OTC NO_X MOU....................... ........... ........... ........... 27.37 30.82 34.20
RACT.............................. 9.82 10.11 10.42 3.63 3.72 3.81
Autobody Refinishing Coatings..... 5.95 6.07 6.12 ........... ........... ...........
Consumer Products................. 4.12 4.16 4.20 ........... ........... ...........
AIM coatings...................... 7.33 7.38 7.43 ........... ........... ...........
TSDFs............................. 9.52 9.61 9.70 ........... ........... ...........
Rule Effectiveness for Point ........... 16.17 16.45 ........... ........... ...........
Sources..........................
Shutdowns......................... ........... 2.59 2.79 ........... 0.94 1.21
Compression-Ignition Engines...... ........... ........... ........... ........... ........... 44.00
Spark-Ignition Engines............ ........... ........... 15.79 ........... ........... ...........
NLEV.............................. ........... 1.01 2.85 ........... 1.69 4.71
Heavy-Duty Diesel Engine Standard. ........... ........... ........... ........... ........... 0.38
-----------------------------------------------------------------------------
Totals........................ 142.65 186.72 219.32 77.8 99.66 157.01
----------------------------------------------------------------------------------------------------------------

Based upon the measures listed in the above table and EPA's
analysis of each measure, EPA has determined the post 1996 ROP plans
submitted by PADEP achieve the required reductions. Thus, the
Commonwealth's 1999, 2002, and 2005 ROP plans meet the aggregate 27
percent emission reduction requirement of the Act, by achieving 9
percent emissions reductions over each successive 3 year period.

IV. The Transportation Conformity Budgets for the ROP Milestone
Years

Under EPA's transportation conformity rule, August 15, 1997 (62 FR
43779), the post-1996 ROP plans are considered control strategy SIPs. A
control strategy SIP establishes budgets to which Federally funded and
approved transportation projects and plans must conform. The ROP plans
establish VOC and NO_X budgets for the Philadelphia area that
are applicable for 1999, 2002, and 2005. These budgets are applicable
in later years in the absence of other applicable budgets. On February
25, 2000, the Commonwealth amended the motor vehicle emissions budgets
for the applicable milestone years. Table 4, below, summarizes the
revised motor vehicle emissions budgets of the ROP plans for the
Philadelphia area. EPA determined the budgets identified below,
adequate for use in conformity determinations on May 31, 2000 (65 FR
36438 published June 8, 2000). That determination became effective on
June 23, 2000.

Table 4.--Motor Vehicle Emissions Budgets for the Philadelphia Area
[tons/day]
------------------------------------------------------------------------
Milestone year VOC NO_X
------------------------------------------------------------------------
1999.............................................. 88.6 109.6
2002.............................................. 69.52 93.13
2005.............................................. 61.76 86.42
------------------------------------------------------------------------

V. EPA's Evaluation of the Commonwealth SIP Revisions

EPA's review of this material indicates that the Commonwealth has
adopted, submitted and implemented adequate measures to achieve the
post-1996 ROP reductions. EPA is proposing to approve the Pennsylvania
post-1996 ROP plans submitted on April 30, 1998, July 31, 1998, and
February 25, 2000 as SIP revisions. EPA is soliciting public comments
on the issues concerning the post-1996 ROP plan. Any comments received
before the close of the public comment period 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. This includes
those who submitted comments on the NPR published on August 25, 1999
(64 FR 46325), if they believe their comments are still germane in
light of this newly proposed action.

VI. Proposed Action

EPA is proposing to approve the 1999, 2002, and 2005 ROP plans
submitted by the Commonwealth of Pennsylvania on April 30, 1998, July
31, 1998, and February 25, 2000. By proposing approval of the ROP plans
submitted by the Commonwealth, EPA is also proposing to approve the
motor vehicle emissions budgets contained in the February 25, 2000 SIP
submittal for ROP and transportation conformity purposes. EPA is
withdrawing the previous proposed approval of the Pennsylvania Post-
1996 ROP plan, published on August 25, 1999 (64 FR 46325).

VII. Administrative Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal

[[Page 44571]]

Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (59 FR 22951, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely proposes to approve a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This proposed rule also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant. In reviewing SIP submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the Clean Air
Act. In this context, in the absence of a prior existing requirement
for the State to use voluntary consensus standards (VCS), EPA has no
authority to disapprove a SIP submission for failure to use VCS. It
would thus be inconsistent with applicable law for EPA, when it reviews
a SIP submission, to use VCS in place of a SIP submission that
otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this proposed rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order.
This proposed rule, regarding Pennsylvania's 1999, 2002, and 2005
ROP plans, does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,
Nitrogen dioxide, Ozone.

Authority: 42 U.S.C. 7401 et seq.

Dated: August 16, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-21434 Filed 8-23-01; 8:45 am]
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Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Rate of Progress Plan for Pennsylvania Portion of the Philadelphia-Wilmington-Trenton Ozone Nonattainment Area

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