83 FR 27901 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Removal of Department of Environmental Protection Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 116 (June 15, 2018)
Federal Register Volume 83, Issue 116 (June 15, 2018)
| Page Range | 27901-27909 | |
| FR Document | 2018-12703 |
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)] [Rules and Regulations] [Pages 27901-27909] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12703] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2018-0277; FRL-9979-44--Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Removal of Department of Environmental Protection Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania state implementation plan (SIP) submitted by the Pennsylvania Department of Environmental Protection (PADEP) on May 2, 2018. This revision seeks the removal, from the Pennsylvania SIP, of the requirement limiting summertime gasoline volatility to 7.8 pounds per square inch (psi) Reid Vapor Pressure (RVP) to address nonattainment under the 1-hour ozone national ambient air quality standard (NAAQS) in the Pittsburgh-Beaver Valley ozone nonattainment area (hereafter Pittsburgh-Beaver Valley Area). The submitted SIP revision also includes a section 110(l) demonstration as required by the Clean Air Act (CAA) addressing emission impacts associated with the removal of the program. EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on August 14, 2018 without further notice, unless EPA receives adverse written comment by July 16, 2018. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2018-0277 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we refer to EPA. This supplementary information section is arranged as follows: I. Background A. Federal Gasoline Volatility Controls Under the CAA [[Page 27902]] B. State Gasoline Volatility Controls for the Pittsburgh-Beaver Valley Area II. What changes have been made to Pennsylvania's gasoline volatility standards? III. What is the historic reason for adoption of gasoline volatility control and the status of air quality in the Pittsburgh-Beaver Valley Area? A. The Status of the Pittsburgh-Beaver Valley Area With Respect to the Ozone NAAQS B. The Status of the Pittsburgh-Beaver Valley Area With Respect to the Fine Particulate Matter NAAQS IV. What is EPA's analysis of the Commonwealth's submittal? A. Pennsylvania's Estimate of the Impacts of Removing the 7.8 psi RVP Requirement B. Pennsylvania's Substitution of Alternative Emissions Reduction Measures for the 7.8 psi Low-RVP Gasoline Program 1. Pennsylvania's Adhesives, Sealants, Primers, and Solvents Rule 2. Shutdown of Guardian Industries Jefferson Hills Facility C. Comparison of Emissions Impacts of Removal of the Commonwealth's 7.8 psi RVP Gasoline Program and the Uncredited Emission Reductions From Substitute Measures V. Impacts on the Boutique Fuels List VI. What action is EPA taking? VII. Statutory and Executive Order Reviews I. Background A. Federal Gasoline Volatility Controls Under the CAA Under section 211(c) of the CAA, EPA promulgated regulations on March 22, 1989 (54 FR 11868) that set maximum federal limits for the RVP of gasoline sold during the regulatory control periods that were established on a state-by-state basis in the final rule. The regulatory control periods applied during the summer months when peak ozone concentrations were expected. These regulations constituted Phase I of a two phase nationwide program, which was designed to reduce the volatility of commercial gasoline during the high ozone season. Depending on the state and month, gasoline RVP was not to exceed 10.5 psi, 9.5 psi, or 9.0 psi. Phase I was applicable to calendar years 1989 through 1991. On June 11, 1990 (55 FR 23658), EPA promulgated more stringent volatility controls as Phase II of the volatility control program. These requirements established maximum RVP standards of 9.0 psi or 7.8 psi (depending on the state, the month, and the area's initial ozone attainment designation with respect to the 1-hour ozone NAAQS). Phase II is applicable to 1992 and subsequent years. The 1990 amendments to the CAA established a new section, 211(h), to address fuel volatility. Section 211(h)(1) requires EPA to promulgate regulations making it unlawful to sell, offer for sale, dispense, supply, offer for supply, transport, or introduce into commerce gasoline with an RVP level in excess of 9.0 psi during the high ozone season. Section 211(h)(2) prohibits EPA from establishing a volatility standard more stringent than 9.0 psi in an attainment area, except that the Agency may impose a lower (more stringent) standard in any former ozone nonattainment area redesignated to attainment. On December 12, 1991 (56 FR 64704), EPA modified the Phase II volatility regulations to make them consistent with section 211(h). The modified regulations prohibited the sale of gasoline, beginning in 1992, with a RVP above 9.0 psi in all areas designated attainment for ozone. For areas designated as nonattainment, the regulations retained the original Phase II standards published on June 11, 1990 (55 FR 23658), which included the 7.8 psi ozone season limitation for certain areas. Under these requirements, the Commonwealth of Pennsylvania was required to meet a 9.0 psi RVP standard during the summer RVP control period, with the exception of the Philadelphia Area, which was at that time was designated as severe ozone nonattainment, and as such was subject to more stringent gasoline requirements of the reformulated gasoline program established under CAA section 211(k). B. State Gasoline Volatility Controls for the Pittsburgh-Beaver Valley Area On November 15, 1990, the CAA amendments of 1990 were signed into law. On November 6, 1991, EPA designated and classified the Pittsburgh- Beaver Valley Area as moderate nonattainment for the 1979 1-hour ozone NAAQS. As part of Pennsylvania's efforts to bring the Pittsburgh-Beaver Valley Area into attainment of the ozone standard, the Commonwealth adopted and implemented a range of ozone precursor emissions control measures for the area, including adoption of a state rule to limit summertime gasoline volatility to 7.8 psi RVP. Pennsylvania's RVP control rule applies to the entire Pittsburgh-Beaver Valley Area-- Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties. PADEP promulgated this rule in the November 1, 1997 Pennsylvania Bulletin (27 Pa.B. 5601, effective November 1, 1997), which is codified in Subchapter C of Chapter 126 of the Pennsylvania Code of Regulations (25 Pa. Code Chapter 126, Subchapter C). On April 17, 1998, Pennsylvania submitted this state-adopted rule to EPA as a formal revision to its approved SIP. EPA published a final action approving Pennsylvania's RVP SIP revision in the June 8, 1998 Federal Register (63 FR 31116) and codified in the Code of Federal Regulations at 40 CFR 52.2020(c)(1). The local air pollution control agency for Allegheny County, ACHD, later adopted a similar summertime gasoline volatility limit (Allegheny County Order No. 16782, Article XXI, sections 2102.40, 2105.90, and 2107.15; effective May 15, 1998, amended August 12, 1999). On March 23, 2000, PADEP formally submitted a SIP revision to EPA (on behalf of ACHD) to incorporate ACHD's own gasoline RVP summertime requirements into the Pennsylvania SIP. EPA approved that SIP revision establishing an independent ACHD gasoline RVP limit on April 17, 2001 (66 FR 19724), effective June 18, 2001. II. What changes have been made to Pennsylvania's gasoline volatility standards? In the 2013-14 session of the Pennsylvania General Assembly, the legislature passed and Governor Corbett signed into law Act 50 (Pub. L. 674, No. 50 of May 14, 2014). Act 50 amended the Pennsylvania Air Pollution Control Act to direct PADEP to initiate a process to obtain approval from EPA of a SIP revision that demonstrates continued compliance with the NAAQS, through utilization of substitute, commensurate emissions reductions to balance repeal of the Pittsburgh- Beaver Valley Area RVP limit. Upon approval of that demonstration revision, Act 50 directs PADEP to repeal the summertime gasoline RVP limit provisions of 25 Pa. Code Chapter 126, Subchapter C. On May 2, 2018, PADEP submitted a SIP revision requesting that EPA remove from the Pennsylvania SIP Chapter 126, Subchapter C of the Pennsylvania Code (specifically removing 25 Pa. Code sections 126.301, 126.302, and 126.303), based upon a demonstration that the repeal of the RVP requirements rule (coupled with other ozone precursor emission reduction measures) would not interfere with the Pittsburgh-Beaver Valley Area's attainment of any NAAQS, per the requirements for noninterference set forth in section 110(l) of the CAA. Pennsylvania's SIP revision contains a Pennsylvania-specific analysis that the emissions impact from repeal of the 7.8 psi gasoline volatility requirement in Pittsburgh (to be replaced by the federal 9.0 psi summertime gasoline [[Page 27903]] requirement) would be offset by substitution of commensurate benefits from other emission reduction measures enacted by Pennsylvania, but not previously credited in any SIP towards attainment or maintenance of any NAAQS. This analysis is performed through analysis of emission inventory sectors and sources affected by both repeal of gasoline RVP limits and of the substitute measures enacted by Pennsylvania. The May 2, 2018 SIP revision references the Commonwealth's regulatory amendment to Chapter 126, Subchapter C, as published in the April 7, 2018 Pennsylvania Bulletin (48 Pa. B. 1932, effective upon publication). This amendment serves to repeal the PADEP requirement for 7.8 psi RVP summer gasoline. The Commonwealth's rule amends 25 Pa. Code Section 126.301 (relating to gasoline volatility requirements) to remove the RVP requirement for the Pittsburgh-Beaver Valley Area RVP upon the effective date of EPA's approval of Pennsylvania's May 2, 2018 SIP revision. As a result, both state and federal repeal of the requirements for summertime RVP in the area will coincide with the effective date of EPA's final action to approve the Commonwealth's related SIP submittals. III. What is the historic reason for adoption of gasoline volatility control and the status of air quality in the Pittsburgh-Beaver Valley Area? The gasoline volatility limit was originally adopted by Pennsylvania as part of a suite of measures to address ground level ozone pollution in the Pittsburgh-Beaver Valley Area, which has historically been designated nonattainment for the ozone NAAQS. Since passage of the CAA in 1990, portions of the Pittsburgh-Beaver Valley Area have also been designated nonattainment for the daily and annual averaging period fine particulate matter (PM2.5 ) NAAQS. Since the low-RVP gasoline program affects primarily volatile organic compounds (VOCs) and nitrogen oxides (NOX ) emissions, and to some degree directly emitted PM2.5 emissions, our review of the removal of this rule focuses on the NAAQS for which these emissions contribute, either directly or as precursor emissions. A. The Status of the Pittsburgh-Beaver Valley Area With Respect to the Ozone NAAQS On November 6, 1991 (56 FR 56694), EPA designated and classified the Pittsburgh counties of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties as nonattainment for the 1-hour ozone NAAQS promulgated by EPA in 1979. RVP control was one of a suite of measures adopted by Pennsylvania to attain and maintain the 1- hour ozone NAAQS. On April 9, 2001, Pennsylvania submitted a request to redesignate the Pittsburgh-Beaver Valley Area to attainment of the 1979 1-hour ozone NAAQS, along with a maintenance plan to demonstrate that the area would continue to attain for a 10-year period--a plan which relied, in part, on emissions reductions attributable to the summertime gasoline volatility control program. Subsequently, EPA determined that the Pittsburgh-Beaver Valley Area had attained the 1979 1-hour ozone NAAQS by its extended attainment date and approved the Commonwealth's 1-hour redesignation request and maintenance plan SIP revision on November 19, 2001 (66 FR 53094). On July 18, 1997 (62 FR 38856), EPA issued a revised NAAQS for ozone, strengthening the primary and secondary standards to 0.080 parts per million (ppm) and changing the averaging time from 1-hour to 8- hours. EPA initially designated the Pittsburgh-Beaver Valley Area as nonattainment for the 1997 NAAQS, under the general part D, subpart 1 provisions of the CAA on July 15, 2004. However, in response to litigation, EPA later classified several areas, including Pittsburgh- Beaver Valley, as moderate under the CAA part D, subpart 2 provisions in May of 2012.\1\ --------------------------------------------------------------------------- \1\ In 2012, EPA finalized revisions to the 2004 Phase 1 Implementation Rule for the 1997 8-hour ozone NAAQS that specified requirements to meet the 1997 ozone NAAQS. (77 FR 28424, May 14, 2012). The revisions were EPA's response to a December 22, 2006 decision in South Coast Air Quality Management District v. EPA, 472 F.3d 882 (D.C. Cir. 2006), directing EPA to classify areas under Part D of the CAA. As a result, EPA reclassified the former subpart 1 nonattainment areas, like the Pittsburgh Beaver Valley Area, under subpart 2. The 1997 8-Hour Ozone NAAQS was eventually revoked on April 6, 2015, coincident with promulgation of the later 2008 ozone NAAQS. --------------------------------------------------------------------------- On April 4, 2013, EPA determined that the Pittsburgh-Beaver Valley Area had attained the 1997 8-hour ozone NAAQS by its applicable attainment date (based on air monitoring data for the 2007-2009 period) and warranted a clean data determination. This latter determination suspended certain CAA planning requirements for the Area, including requirements for an attainment demonstration, associated reasonable further progress plan, contingency measures, reasonably available control measure (RACM) analysis, and other CAA part D planning requirements for moderate ozone nonattainment areas, for as long as the area continued to monitor attainment of the NAAQS. On March 27, 2008 (73 FR 16436), EPA strengthened the 8-hour NAAQS from 0.080 to 0.075 ppm in 2008. On March 6, 2015 (77 FR 30088), EPA designated and classified the Pittsburgh-Beaver Valley Area as marginal nonattainment for the 2008 8-hour ozone NAAQS. Also on March 6, 2015 (80 FR 12264), EPA published its ozone implementation rule for the 2008 ozone NAAQS in which established the date of July 20, 2016 as a deadline for attainment of the 2008 NAAQS. On December 6, 2016 (81 FR 87819), EPA determined that the Pittsburgh-Beaver Valley Area had attained the 2008 ozone NAAQS by that July 20, 2016 deadline.\2\ The Pittsburgh-Beaver Valley Area continues to attain the 2008 ozone NAAQS for the most recent 2015-2017 three-year monitoring period. --------------------------------------------------------------------------- \2\ On February 16, 2018, the D.C. Circuit Court issued an opinion on the EPA's regulations implementing the 2008 ozone NAAQS, known as the 2008 Ozone SIP Requirements Rule. South Coast Air Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018). The D.C. Circuit Court found certain provisions from the 2008 Ozone SIP Requirements rule unreasonable including EPA's provision for a ``redesignation substitute.'' The D.C. Circuit Court vacated these provisions and found redesignations must comply with all required elements in CAA section 107(d)(3) and thus found the ``redesignation substitute'' which did not require all items in CAA section 107(d)(3)(E) violated the CAA and was thus unreasonable. The D.C. Circuit. Court also vacated other provisions relating to anti- backsliding in the 2008 Ozone SIP Requirements Rule as the Court found them unreasonable. Id. The D.C. Circuit Court found other parts of the 2008 Ozone SIP Requirements Rule unrelated to anti- backsliding and this action reasonable and denied the petition for appeal on those. Id. --------------------------------------------------------------------------- On October 1, 2015 (80 FR 65291), EPA promulgated a revised ozone NAAQS of 0.070 ppm. On November 6, 2017 (82 FR 54232), EPA issued final 2015 ozone NAAQS designations for most U.S. counties, designating all seven Pittsburgh-Beaver Valley Area counties as ``attainment/ unclassifiable.'' Pennsylvania's May 2, 2018 SIP revision includes EPA's updated photochemical grid modeling results for the 2008 ozone NAAQS (See Appendix H), based on updated electric generating unit data for 2017.\3\ This forecast data predicts that the Pittsburgh-Beaver Valley Area will continue to attain the 2008 ozone NAAQS and maintain attainment of the 2015 ozone NAAQS by 2023. --------------------------------------------------------------------------- \3\ EPA Projected 2023 Ozone Design Values for the Pittsburgh- Beaver Valley Area. Source: Notice of Availability--Preliminary Interstate Ozone Transport Modeling Data for the 2015 Ozone NAAQS. Data Spreadsheet is available at: https://www.epa.gov/sites/production/files/2016-12/2015_o3_naaqs_preliminary_transport_assessment_design_values_contributions.xlsx. --------------------------------------------------------------------------- [[Page 27904]] B. The Status of the Pittsburgh-Beaver Valley Area With Respect to the Fine Particulate Matter NAAQS On October 17, 2006, EPA published a revised 24-hour PM2.5 NAAQS (71 FR 61144). On November 3, 2009, EPA designated the Pittsburgh-Beaver Valley Area as nonattainment for the 2006 PM2.5 NAAQS (74 FR 58688) under CAA part D, subpart 1. On June 2, 2014, EPA reclassified the Pittsburgh-Beaver Valley Area as moderate nonattainment under CAA part D, subpart 4 (79 FR 31566), including all of Beaver, Butler, Washington, and Westmoreland Counties and portions of Allegheny, Armstrong, Greene, and Lawrence Counties. On May 2, 2014, EPA determined that the Pittsburgh-Beaver Valley area was in attainment of the 2006 annual and 24-hour PM2.5 NAAQS based on 2010-2012 ambient monitoring data (79 FR 25014). On October 2, 2015 (80 FR 59624), EPA approved a request from Pennsylvania to redesignate the Pittsburgh Area to attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS. On January 15, 2015, EPA published a revised annual PM2.5 NAAQS (79 FR 3086). On April 7, 2015, EPA designated Allegheny County as moderate nonattainment of the 2012 annual PM2.5 NAAQS (80 FR 18535).\4\ Allegheny County continues to be nonattainment for the 2012 annual PM2.5 NAAQS. --------------------------------------------------------------------------- \4\ This action corrects an initial final designations action for the 2012 PM2.5 NAAQS, which was signed by EPA on December 18, 2014 and published January 15, 2015 (80 FR 2206). This correction included more recently available data for use in designating certain areas of the country. --------------------------------------------------------------------------- IV. What is EPA's analysis of the Commonwealth's submittal? A. Pennsylvania's Estimate of the Impacts of Removing the 7.8 psi RVP Requirement EPA's primary consideration for determining the approvability of Pennsylvania's request to rescind the requirements for a gasoline volatility control program is whether this requested action complies with section 110 of the CAA, specifically section 110(l).\5\ Section 110(l) of the CAA requires that a revision to the SIP not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA. EPA evaluates each section 110(l) noninterference demonstration on a case-by-case basis considering the circumstances of each SIP revision. EPA interprets CAA section 110(l) as applying to all NAAQS that are in effect, including those that have been promulgated, but for which EPA has not yet made designations. --------------------------------------------------------------------------- \5\ CAA section 193, with respect to removal of requirements in place prior to enactment of the 1990 CAA Amendments, is not relevant because Pennsylvania's RVP control requirements in the Pittsburgh- Beaver Valley Area were not included in the SIP prior to enactment of the 1990 CAA amendments. --------------------------------------------------------------------------- In the absence of an attainment demonstration to demonstrate no interference with any applicable NAAQS or requirement of the CAA under section 110(l), EPA believes it is appropriate to allow states to substitute equivalent emissions reductions to compensate for any change to a SIP-approved program, if net actual emissions in the air do not increase. ``Equivalent'' emission reductions mean reductions which are equal to or greater than those reductions achieved by the control measure approved in the SIP. To show that compensating emission reductions are equivalent, modeling or adequate justification must be provided. The compensating, equivalent reductions must represent real, new emissions reductions achieved in a contemporaneous time frame to the change of the existing SIP control measure, in order to preserve the status quo level of emissions in the air. In addition to being contemporaneous, the equivalent emissions reductions must also be permanent, enforceable, quantifiable, and surplus to be approved into the SIP. In its May 2, 2018 SIP revision, PADEP includes a section 110(l) demonstration that uses equivalent emission reductions to offset ``losses'' from emission reductions resulting from the removal of the SIP approved 7.8 psi RVP summertime gasoline requirement in the Pittsburgh-Beaver Valley Area of Pennsylvania. Specifically, PADEP demonstrates the emission reductions associated with the 7.8 psi RVP fuel requirement will be substituted with equivalent or greater emissions reductions from: (1) Reductions from an adopted, implemented Pennsylvania regulation relating to the use and application of adhesives, sealants, primers, and solvents at 25 Pa. Code Section 129.77 and (2) the permanent shutdown of a facility in the Pittsburgh- Beaver Valley Area. These substitute emissions are quantifiable, permanent, surplus, enforceable, and contemporaneous (i.e. occurring at approximately the same period of this demonstration and/or the anticipated cessation of the low RVP fuel program). With removal of the state 7.8 psi summertime RVP requirement, the federal 9.0 psi RVP limit remains as the applicable requirement. To determine the emissions impact of removing the 7.8 psi RVP program requirements in the Pittsburgh-Beaver Valley Area, PADEP considered first the pollutants that impact any NAAQS that are controlled through lowering of gasoline RVP: VOCs, NOX , and direct PM2.5 . PADEP's analysis focuses on VOC and NOX emissions because low RVP requirements were adopted by the Commonwealth to address the ozone NAAQS and because VOCs and NOX emissions are the primary precursors for ground-level ozone formation. Also, NOX , VOC, and direct PM2.5 emissions also contribute to formation of PM2.5 . PADEP limited its analysis to affected portions of the total emissions inventory for the Pittsburgh-Beaver Valley Area such as the highway vehicle emissions sector, nonroad vehicle emissions sector, and gasoline storage and distribution emissions sources within the stationary point source sector. EPA finds the Commonwealth's analysis of the affected universe of emissions sources reasonable, as the 7.8 psi RVP gasoline requirement impacts only emission sources that store, distribute, or combust gasoline. PADEP studied the impacts of low RVP program removal on the emissions inventory at several points in time representing a period just prior to removal of the low RVP program (i.e., 2014), the year of RVP program cessation (i.e., 2018), and a point five years after RVP program removal (i.e., 2023). Table 1 summarizes PADEP's estimates of the expected change in highway vehicle emissions from replacement of the Commonwealth's 7.8 psi summertime low RVP program with the federal 9.0 psi RVP limit. To generate these estimates, PADEP used the latest version of EPA's Motor Vehicle Emissions Simulator (MOVES), version MOVES2014a, to characterize motor vehicle emissions. EPA notes that increasing gasoline RVP in and of itself no longer results in an increase in emissions of VOCs in the highway vehicle sector, as increases in VOCs from evaporative loss and permeation through porous materials are offset by improved exhaust emissions reductions from improvements in new motor vehicles (e.g., improved engine control, air/fuel management, timing management, etc.). Thus, as newer vehicles replace older ones in the fleet, the VOC benefits from low RVP gasoline for the highway vehicle sector of the [[Page 27905]] area's total emission inventory are reduced. Table 1--Highway Emissions Comparison Between PADEP's 7.8 psi Low-RVP Program and the Federal RVP Program for the Pittsburgh-Beaver Valley Area [In tons per day (tpd) and tons per year (tpy)] ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 2014 2018 2023 -------------------------------------------------------------------------------------------------------------------------------------------- Scenario VOC NOX PM2.5 VOC NOX PM2.5 VOC NOX PM2.5 -------------------------------------------------------------------------------------------------------------------------------------------- tpd tpy tpd tpy tpy tpd tpy tpd tpy tpy tpd tpy tpd tpy tpy ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Pennsylvania 7.8 psi RVP Program................... 38.7 14,134 77.1 28,142 902 25.1 9,082 49.4 17,403 614 18.2 6,650 30.4 10,834 430 Federal 9.0 psi RVP Program........................ ....... ....... ....... ....... ......... 25.0 9,040 49.7 17,446 612 18.0 6,604 30.5 10,847 428 Reduction or Increase in Emissions (-) or (+)...... ....... ....... ....... ....... ......... -0.18 -41.4 +0.3 +43.5 -2.0 -0.24 -46.5 +0.09 13.1 -2.2 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ PADEP modelled nonroad emissions using the MOVES NONROAD model, version 2014a, coupled with the 2014 NEI version 1 emission inventory, to compile a base year scenario. PADEP assumed this portion of the inventory would see an increase of three percent of total VOC emissions from removal of the Commonwealth's 7.8 psi RVP gasoline program. Table 2 summarizes the changes in nonroad vehicle and equipment emissions in the Pittsburgh-Beaver Valley area from repeal of the state low-RVP gasoline program. Table 2--Nonroad Mobile Emissions Comparison Between PADEP's 7.8 psi Low-RVP Program Versus the Federal RVP Program for the Pittsburgh-Beaver Valley Area [In tpy and tpd] ---------------------------------------------------------------------------------------------------------------- 2014 2018 2023 ------------------------------------------------------------------------------- VOC VOC VOC ------------------------------------------------------------------------------- tpy tpd tpy tpd tpy ---------------------------------------------------------------------------------------------------------------- Pennsylvania 7.8 psi RVP Program 7,221 37.15 5,684 35.10 5,370 Federal 9.0 psi RVP Program..... .............. 38.15 5,837 36.11 5,525 Reduction or Increase in .............. 1.00 153 1.01 155 Emissions (-) or (+)........... ---------------------------------------------------------------------------------------------------------------- Changes in gasoline RVP produce emissions from not only vehicles and equipment that store and combust the fuel, but also from evaporation and permeation from movement, storage, and transportation of the fuel as part of the gasoline distribution system. These sources include gasoline refineries and terminals, pipelines, gasoline tanker trucks, storage tanks, service station tanks, and portable gas cans. These are a combination of large, point sources of emissions and smaller area sources. PADEP estimates emissions from these sources by different means, ranging from use of emission factors (from EPA's AP-42 compendium of emission factors) coupled with activity information (or surrogates for activity like population) or gasoline sales numbers. Some larger sources (e.g., refineries and bulk gasoline terminals) are sufficiently large to be estimated or measured more directly as discreet sources in the Area's periodic point source emission inventory. Table 3 contains a summary of PADEP's estimated emissions from these point and area sources resulting from a change from the Pennsylvania low-RVP gasoline rule to the federal rule. PADEP assumed this portion of the inventory would see an increase of three percent of total VOC emissions from removal of the Commonwealth's 7.8 psi RVP gasoline program. Table 3--Gasoline Distribution System Point and Area Sources Increase in VOC Emissions From Removal of Pennsylvania's 7.8 psi RVP Requirement in the Pittsburgh-Beaver Valley Area [In tpy and tpd] ------------------------------------------------------------------------ Point/area source category 2014 NEI VOC (tpy) ------------------------------------------------------------------------ Gasoline Terminals......................... 131.3. Bulk Plants................................ 74.9. Tank Truck Transit......................... 10.4. Service Station Unloading.................. 0.1. ---------------------------- Total 2014 NEI Point Source RVP-Related 216.7. Emissions. 3% of 2014 Point Emissions, Attributable to 7 tpy 7.8 RVP repeal. (0.02 tpd). ------------------------------------------------------------------------ Table 4 summarizes combined highway mobile, nonroad, and point and area source emissions impacts from the removal of the Commonwealth's 7.8 psi low-RVP program for the 2018 and 2023 scenarios. [[Page 27906]] Table 4--Summary of Combined Emission Impacts From Removal of the 7.8 psi Program in the Pittsburgh-Beaver Valley Area in 2018 and 2023 [In tpy and tpd] ---------------------------------------------------------------------------------------------------------------- VOC NOX PM2.5 ------------------------------------------------------------------------------- tpy tpd tpy tpd tpy ---------------------------------------------------------------------------------------------------------------- Highway......................... -41.4 -0.18 43.5 0.3 -2.0 Nonroad......................... 153 1 0 0 0 Point/Area...................... 7 -0.02 0 0 0 ------------------------------------------------------------------------------- Total Change in 2018 +119 +0.84 +43.5 +0.3 -2.0 Emissions.................. ------------------------------------------------------------------------------- Highway......................... -46.5 -0.24 13.1 0.09 -2.2 Nonroad......................... 155 1.01 0 0 0 Point/Area...................... 7 0.02 0 0 0 ------------------------------------------------------------------------------- Total Change in 2023 +116 +0.79 +13.1 +0.09 -2.2 Emissions.................. ---------------------------------------------------------------------------------------------------------------- Based on our review of the information provided, EPA finds that PADEP used reasonable methods and the appropriate tools (e.g., emissions estimation models, emissions factors, and methodologies) in estimating the effect on emissions from removing the 7.8 psi RVP summertime gasoline program. PADEP determined that in 2018 the emissions increase resulting from removal of the 7.8 psi RVP requirement (and replacement with the federal 9.0 RVP gasoline program) would be 0.84 summertime tpd of VOC and 0.3 summertime tpd of NOX in the Pittsburgh-Beaver Valley Area. PADEP's demonstration shows that direct emissions of PM2.5 decrease by 2.0 tpy from removal of the 7.8 psi RVP requirement (and replacement with the federal 9.0 RVP gasoline program). By 2023, the emissions impact of removal of the 7.8 psi RVP requirement would slightly decrease from 2018, to 0.79 tpd of VOCs and 0.09 tpd of NOX , with direct PM2.5 emissions decreasing slightly more than 2018 estimates. B. Pennsylvania's Substitution of Alternative Emissions Reduction Measures for the 7.8 psi Low-RVP Gasoline Program PADEP has estimated lost and compensating emission reductions for the year of removal of the Commonwealth's low-RVP gasoline program (after considering the benefits from replacement with the federal 9.0 RVP gasoline program). PADEP has also estimated emissions impacts in the year 2023 to examine the future impacts of removal of the 7.8 psi state summertime RVP requirement. To compensate for the emissions impact of repeal of this requirement in the Pittsburgh-Beaver Valley Area, PADEP has analyzed the emission benefits associated with two substitute measures previously implemented but not ``claimed'' in any prior SIP attainment plan (under CAA section 172) for the Commonwealth. These measures are: (1) Overcontrol of VOC emissions from Pennsylvania's adhesives rule (25 Pa. Code Sec. 129.77) and (2) unclaimed creditable emissions reductions associated with the permanent closure in 2015 of a glass manufacturing facility in Allegheny County, Guardian Industries Jefferson Hills facility. 1. Pennsylvania's Adhesives, Sealants, Primers, and Solvents Rule Pennsylvania adopted emissions limits for adhesives and sealants consistent with the Ozone Transport Commission (OTC) model rule covering 37 categories of products, on December 24, 2010 (40 Pa. B. 7340). On June 25, 2015 (80 FR 36482), EPA approved the adhesives rule (25 Pa. Code Section 129.77) into the Pennsylvania SIP. Although this measure was implemented prior to the Commonwealth's repeal of the 7.8 psi low-RVP gasoline program, the emissions reductions from the adhesives rule have not previously been ``credited'' in any attainment, reasonable further progress, redesignation, or maintenance plan SIP for any NAAQS. PADEP has quantified the reductions from the OTC adhesives model rule using studies performed by the California Air Resources Board (CARB), upon which the OTC model rule was derived. As an area source measure, PADEP relied upon population based, per capita emission reduction estimates for the 7-county Pittsburgh-Beaver Valley Area. PADEP extrapolated its per capita emission factor estimate prepared when it adopted the adhesives rule (based on 2009 area population) by population data for 2014, 2018, and 2023. For purposes of comparison to the low-RVP rule, PADEP seasonally adjusted its original estimate for the adhesives rule (based on a 3-month June-August summer season) to reflect the longer low-RVP gasoline summertime season (i.e., 5-month May-September control season). Table 5 summarizes the daily and annual VOC emissions benefit provided by the adhesives rule. Table 5--Summary of Pennsylvania's Adhesives Rule VOC Emission Reduction Estimates for 2014, 2018, and 2023 ---------------------------------------------------------------------------------------------------------------- 2014 2018 2023 ---------------------------------------------------------------------------------------------------------------- Projected Pittsburgh-Beaver Valley Area Population (persons).... 2, 358,096 2,346,571 2,338,002 PADEP Adhesives Rule VOC Annual Reduction Emission Factor (tons 4.96 x 10-4 4.96 x 10-4 4.96 x 10-4 per person per year)........................................... PADEP Adhesives Rule VOC Daily Reduction Emission Factor (tons 1.36 x 10-6 1.36 x 10-6 1.36 x 10-6 per person per day)............................................ VOC Reduction from PADEP Adhesives Rule (in tpy)................ 1,169 1,163 1,159 VOC Reduction from PADEP Adhesives Rule (in tpd)................ 3.21 3.20 3.19 ---------------------------------------------------------------------------------------------------------------- [[Page 27907]] 2. Shutdown of Guardian Industries Jefferson Hills Facility To further aid in offsetting emission reductions lost from the removal of the summertime 7.8 psi low-RVP gasoline requirement (after replacement with the federal 9.0 RVP gasoline program), PADEP is relying upon emission reductions from the permanent closure of a Guardian Industries Corporation glass manufacturing facility located in Jefferson Hills, Allegheny County (Facility ID 4200300342). This facility ceased operations in August 2015, and Guardian Industries did not request that potentially creditable emission reductions be preserved in the inventory within the one year deadline for doing so under 25 Pa. Code Chapter 127, Subchapter E (relating to emission reduction credit generation under Pennsylvania's new source review (NSR) program). Having missed the legal deadline for doing so, the associated emission reductions from the facility shutdown can no longer be used by any facility for complying with the NSR program. Pennsylvania asserts the reductions have not been used and cannot be used in the future by Pennsylvania to meet any other obligation, including attainment demonstration, facility emission limitation, reasonable further progress, or maintenance plan requirements for the area. The facility has been permanently closed and the emission source removed. The plan approvals and operating permits for the facility are no longer valid. Any new source at this facility would be subject to NSR permitting provisions (including securing emission offsets as required by CAA and Pennsylvania SIP) and would not be able to use any emission reductions from this closure for permitting purposes. To quantify emission reductions from the Guardian Industries Jefferson Hills facility shutdown, PADEP applied requirements from Pennsylvania's creditable emissions decrease provisions for applicability determination under the NSR program (25 Pa. Code Section 127.203a), used for calculation of lookback periods and baseline credit determinations for emission reduction credit generation. Table 6 summarizes PADEP's estimate of creditable emission reductions from the Guardian Industry Jefferson Hills facility for use in partially offsetting the removal of the 7.8 psi RVP gasoline program. Table 6--Summary of Emission Reductions From the Permanent Shutdown of Guardian Industries Jefferson Hills Facility ------------------------------------------------------------------------ Permanent emission offsets for 24- Offsets month annual average (August Pollutant Offsets (in (in 2013-July 2015) tpy) tpd) ----------------------------------------------------------------- --------- NOX.............................. 625 1.8 VOC.............................. 13.8 0.04 PM2.5............................ 26.5 N/A ------------------------------------------------------------------------ C. Comparison of Emissions Impacts From Removal of the Commonwealth's 7.8 psi RVP Gasoline Program and the Uncredited Emission Reductions From Substitute Measures Pennsylvania is relying upon NOX , VOC, and PM2.5 emission reductions from its adoption of the OTC model adhesives rule and from the shutdown of Guardian Industries Jefferson Hills glass manufacturing facility in Allegheny County to offset the emissions impact of removing the Commonwealth's summertime gasoline volatility control rule and to support that its argument that removal of 7.8 psi RVP requirement from the SIP will not interfere with attainment of any NAAQS. Pennsylvania has elected to adjust upward by 25 percent its estimates for the emission impact of the removal of the 7.8 psi RVP gasoline program (as shown in Table 4), to account for uncertainty in its calculation of the estimates for the emissions benefits from that program. Table 7 summarizes the Pittsburgh-Beaver Valley Area emissions increases from repeal of the low-RVP gasoline program compared to the emissions benefits resulting from the alternative emission reduction measures. Table 7--Summary of Pittsburgh-Beaver Valley Impacts From Removal of the 7.8 psi Gasoline Volatility Program Compared to Emissions Benefits From Alternative Measures [In 2018 and 2023] ---------------------------------------------------------------------------------------------------------------- VOC NOX PM2.5 ---------------------------------------------------------------------- tpy tpd tpy tpd tpy tpd ------------------------------------------------------------------------------------------------------------- ----- 2018: Change in Emissions from RVP Rule Repeal 119 0.84 43.5 0.3 -2.0 6...................................... Emission Adjustment to RVP Change 30 0.21 11 0.08 -2.0 Estimate (25% increase)................ ------------------------------------------------------------------- Total Emissions Requiring Offset.... 149 1.05 54.5 0.38 ........... Adhesives Rule Reductions for Offset.... 1,163 3.2 0 0 0 Facility Shutdown Reductions for Offset. 13.8 0.04 625 1.8 26.5 ------------------------------------------------------------------- Total Available Offset Emissions.... 1,177 3.24 625 1.8 28.5 Surplus Reductions After Offset (Total 1,029 2.19 570.5 1.0 28.5 Emissions Requiring Offset--Total Available Offsets)..................... 2023: Change in Emissions from RVP Rule Repeal 116 0.79 13.1 0.09 -2.0 7...................................... Emission Adjustment to RVP Change 29 0.20 3.3 0.02 ........... Estimate (25% increase)................ ------------------------------------------------------------------- Total Emissions Requiring Offset.... 144 0.99 16.4 0.11 -2.0 Adhesives Rule Reductions for Offset.... 1,159 3.19 0 0 0 [[Page 27908]] Facility Shutdown Reductions for Offset. 13.8 0.04 625 1.8 26.5 ------------------------------------------------------------------- Total Available Offset Emissions.... 1,173 3.23 625 1.8 28.5 Surplus Reductions After Offset (Total 1,029 2.24 608.6 1.69 28.5 Emissions Requiring Offset--Total Available Offsets)..................... ---------------------------------------------------------------------------------------------------------------- As indicated in Table 7, Pennsylvania has a surplus of VOC, NOX , and PM2.5 emission reductions from the alternative emission reduction measures after offsetting the emissions reductions lost from repeal of the Commonwealth's low-RVP gasoline program, in both 2018 (the year of repeal of the low-RVP gasoline program) and in the 2023 future case. Although not needed to offset the low-RVP gasoline rule, PADEP is electing to retire all emissions reductions from the facility shutdown and will not use them for any future NSR program purposes. These surplus emission reductions, not previously claimed for any SIP-approved plan, will help to ensure that removal of the low-RVP gasoline program will not interfere with any NAAQS for the Pittsburgh-Beaver Valley Area. --------------------------------------------------------------------------- \6\ This increase (or decrease) in emissions is the net emission change when comparing the Commonwealth's 7.8 psi requirement for the Pittsburgh-Beaver Valley Area to the federal 9.0 psi RVP program requirement that will remain upon removal of the Commonwealth's program. \7\ This increase (or decrease) in emissions is the net emission change when comparing the Commonwealth's 7.8 psi requirement for the Pittsburgh-Beaver Valley Area to the federal 9.0 psi RVP program requirement that will remain upon removal of the Commonwealth's program. --------------------------------------------------------------------------- EPA believes that the removal of the 7.8 psi low RVP fuel program requirements in the Pittsburgh-Beaver Valley Area does not interfere with Pennsylvania's ability to demonstrate compliance with any of the ozone or PM2.5 NAAQS, which could potentially have been impacted by the NAAQS pollutant precursors that are the subject of the SIP revision. EPA's analyses of the Commonwealth's SIP revision for CAA 110(l) impact is supported by its use of alternate emission reduction measures that ensure permanent, enforceable, contemporaneous, surplus emissions reductions are achieved within the Pittsburgh-Beaver Valley Area which far exceed the slight increase in NOX and VOC pollutants from the removal of low RVP fuel especially as Pennsylvania is still subject to the federal RVP fuel requirement of 9.0 psi. Based on Pennsylvania's CAA 110(l) analysis showing surplus emission reductions (see Table 7), EPA has no reason to believe that the removal of the low RVP fuel requirements in the Pittsburgh-Beaver Valley area will negatively impact the area's ability to attain or maintain any NAAQS including specifically ozone and PM2.5 or interfere with reasonable further progress. In addition, EPA believes that removing the 7.8 psi low RVP program requirements in the Pittsburgh- Beaver Valley Area will not interfere with any other CAA requirement as the Area will remain subject to the federal low RVP fuel requirements. V. Impacts on the Boutique Fuels List Section 1541(b) of the Energy Policy Act of 2005 required EPA, in consultation with the U.S. Department of Energy, to determine the number of fuels programs approved into all SIPs as of September 1, 2004 and to publish a list of such fuels. On December 28, 2008 (71 FR 78192), EPA published the list of boutique fuels. EPA maintains the current list of boutique fuels on its website at: https://www.epa.gov/gasoline-standards/state-fuels. The final list of boutique fuels was based on a fuel type approach. CAA section 211(c)(4)(C)(v)(III) requires that EPA remove a fuel from the published list if it is either identical to a federal fuel or is removed from the SIP in which it is approved. Under the adopted fuel type approach, EPA interpreted this requirement to mean that a fuel would have to be removed from all SIPs in which it was approved in order for it to be removed from the list. (71 FR 78195). The 7.8 psi RVP fuel program (as required by Pa. Code Chapter 126, Subchapter C), as approved into Pennsylvania's SIP, is a fuel type that is included in EPA's boutique fuel list (71 FR 78198-99; https://www.epa.gov/gasoline-standards/state-fuels). The specific counties in the Pittsburgh-Beaver Valley Area where summer low RVP gasoline is required are identified on EPA's Gasoline Reid Vapor Pressure web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). Subsequent to the final effective date of EPA's approval of Pennsylvania's May 2, 2018 SIP revision to remove Pennsylvania's Chapter 126, Subchapter C RVP requirement from the SIP, EPA will update the State Fuels and Gasoline Reid Vapor Pressure web pages with the effective date of the SIP removal. However, the entry for Pennsylvania will be not be completely deleted from the list of boutique fuels, as Allegheny County remains subject to a separate, SIP-approved 7.8 psi RVP gasoline requirement of ACHD's Rules and Regulations, Article XXI, pending future action by ACHD to repeal that rule and submit a formal SIP revision requesting its repeal from the Pennsylvania SIP. This deletion of Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties from the list will not result in an opening on the boutique fuels list because the 7.8 psi RVP fuel type remains for one Pennsylvania County, and in other state SIPs. VI. What action is EPA taking? EPA is approving Pennsylvania's May 2, 2018 SIP revision to remove the low RVP fuel requirements at 25 Pa. Code Chapter 126, Subchapter C from the Pennsylvania SIP. With this action, EPA is also approving the Commonwealth's supporting CAA 110(l) demonstration in its May 2, 2018 submission that removal of the low RVP gasoline program does not interfere with the Commonwealth's ability to attain or maintain any NAAQS in the Pittsburgh-Beaver Valley Area. Our approval of the May 2, 2018 SIP submittal is in accordance with CAA requirements in section 110, including section 110(l) specifically. EPA's approval of the May 2, 2018 Pennsylvania SIP revision does not remove the separate SIP requirement applicable requiring use of 7.8 psi RVP gasoline during summertime months in Allegheny County, under requirements set forth in Article XXI, Rules and [[Page 27909]] Regulations of the ACHD, which were approved by EPA as part of the Commonwealth's SIP on April 17, 2001 (66 FR 19724). PADEP will submit a SIP revision, at a later date, on behalf of ACHD to remove or otherwise amend the separate Allegheny County low RVP gasoline program rule. Neither ACHD's rule nor the related approved Pennsylvania SIP for Article XXI are the subject of this action or the Pennsylvania May 2, 2018 low RVP gasoline SIP revision. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on August 14, 2018 without further notice unless EPA receives adverse comment by July 16, 2018. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. VII. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 14, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action to remove from the Pennsylvania SIP requirements for low RVP fuel for the Pittsburgh Area may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 6, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart NN--Pennsylvania 0 2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by removing the title and entries for ``Subchapter C--Gasoline Volatility Requirements'' under Title 25, Chapter 126 Standard for Motor Fuels. [FR Doc. 2018-12703 Filed 6-14-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 27901
environment. This rule involves a safety persons are required to comply with the Pittsburgh-Beaver Valley ozone
zone lasting 2 hours that will prohibit general regulations governing safety nonattainment area (hereafter
entry within 234 yards of a fireworks zones of subpart C of this part. Pittsburgh-Beaver Valley Area). The
barge in the Appomattox River near City (2) With the exception of participants, submitted SIP revision also includes a
Point in Hopewell, VA. It is entry into or remaining in this safety section 110(l) demonstration as required
categorically excluded from further zone is prohibited unless authorized by by the Clean Air Act (CAA) addressing
review under paragraph L60(a) of the Captain of the Port, Hampton Roads emission impacts associated with the
Appendix A, Table 1 of DHS Instruction or his designated representatives. All removal of the program. EPA is
Manual 023–01–001–01, Rev. 01. A vessels within this safety zone at the approving these revisions to the
Record of Environmental Consideration time it is implemented are to depart the Pennsylvania SIP in accordance with
supporting this determination is zone immediately. the requirements of the Clean Air Act
available in the docket where indicated (3) The Captain of the Port, Hampton (CAA).
under ADDRESSES. Roads or his representative can be DATES: This rule is effective on August
contacted at telephone number (757) 14, 2018 without further notice, unless
G. Protest Activities
668–5555. The Coast Guard and EPA receives adverse written comment
The Coast Guard respects the First designated security vessels enforcing
Amendment rights of protesters. by July 16, 2018. If EPA receives such
the safety zone can be contacted on comments, it will publish a timely
Protesters are asked to contact the VHF–FM marine band radio channel 13
person listed in the FOR FURTHER withdrawal of the direct final rule in the
(165.65 Mhz) and channel 16 (156.8 Federal Register and inform the public
INFORMATION CONTACT section to Mhz), or by visual or verbal hailing on-
coordinate protest activities so that your that the rule will not take effect.
scene.
message can be received without (4) This section does not apply to ADDRESSES: Submit your comments,
jeopardizing the safety or security of participants and vessels that are identified by Docket ID No. EPA–R03–
people, places or vessels. engaged in the following operations: OAR–2018–0277 at http://
(i) Enforcing laws; www.regulations.gov, or via email to
List of Subjects in 33 CFR Part 165 spielberger.susan@epa.gov. For
(ii) Servicing aids to navigation; and
Harbors, Marine safety, Navigation (iii) Emergency response vessels. comments submitted at Regulations.gov,
(water), Reporting and recordkeeping follow the online instructions for
Dated: June 11, 2018. submitting comments. Once submitted,
requirements, Security measures,
Waterways. Richard J. Wester, comments cannot be edited or removed
Captain, U.S. Coast Guard, Captain of the from Regulations.gov. For either manner
For the reasons discussed in the
Port, Hampton Roads. of submission, EPA may publish any
preamble, the Coast Guard amends 33
[FR Doc. 2018–12863 Filed 6–14–18; 8:45 am] comment received to its public docket.
CFR part 165 as follows:
BILLING CODE 9110–04–P Do not submit electronically any
PART 165—REGULATED NAVIGATION information you consider to be
AREAS AND LIMITED ACCESS AREAS confidential business information (CBI)
ENVIRONMENTAL PROTECTION or other information whose disclosure is
■ 1. The authority citation for part 165 AGENCY restricted by statute. Multimedia
continues to read as follows: submissions (audio, video, etc.) must be
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 40 CFR Part 52 accompanied by a written comment.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [EPA–R03–OAR–2018–0277; FRL–9979– The written comment is considered the
Department of Homeland Security Delegation 44—Region 3] official comment and should include
No. 0170.1. discussion of all points you wish to
■ 2. Add § 165.T05–0330 to read as Approval and Promulgation of Air make. EPA will generally not consider
follows: Quality Implementation Plans; comments or comment contents located
Pennsylvania; Removal of Department outside of the primary submission (i.e.
§ 165.T05–0330 Safety Zone, Appomattox
of Environmental Protection Gasoline on the web, cloud, or other file sharing
River; Hopewell, VA.
Volatility Requirements for the system). For additional submission
(a) Definitions. The following Pittsburgh-Beaver Valley Area methods, please contact the person
definitions apply to this section: identified in the FOR FURTHER
(1) Captain of the Port means the AGENCY: Environmental Protection INFORMATION CONTACT section. For the
Commander, Sector Hampton Roads. Agency (EPA). full EPA public comment policy,
(2) Representative means any Coast ACTION: Direct final rule. information about CBI or multimedia
Guard commissioned, warrant or petty submissions, and general guidance on
officer who has been authorized to act SUMMARY: The Environmental Protection
making effective comments, please visit
on the behalf of the Captain of the Port. Agency (EPA) is taking direct final
http://www2.epa.gov/dockets/
(3) Participants mean individuals and action to approve a revision to the
commenting-epa-dockets.
vessels involved in the fireworks Commonwealth of Pennsylvania state
display. implementation plan (SIP) submitted by FOR FURTHER INFORMATION CONTACT:
(b) Location. The following area is a the Pennsylvania Department of Brian Rehn, (215) 814–2176, or by email
safety zone: All navigable waters in the Environmental Protection (PADEP) on at rehn.brian@epa.gov.
vicinity of the Appomattox River at May 2, 2018. This revision seeks the SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with RULES
confluence with the James River, within removal, from the Pennsylvania SIP, of Throughout this document whenever
a 234 yard radius of the fireworks the requirement limiting summertime ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
display barge in approximate position gasoline volatility to 7.8 pounds per to EPA. This supplementary information
37°18′52.20″ N, 077°17′12.52″ W (NAD square inch (psi) Reid Vapor Pressure section is arranged as follows:
1983). (RVP) to address nonattainment under I. Background
(c) Regulations. (1) Except as provided the 1-hour ozone national ambient air A. Federal Gasoline Volatility Controls
in paragraph (c)(4) of this section, all quality standard (NAAQS) in the Under the CAA
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area’s total emission inventory are
reduced.
TABLE 1—HIGHWAY EMISSIONS COMPARISON BETWEEN PADEP’S 7.8 psi LOW-RVP PROGRAM AND THE FEDERAL RVP
PROGRAM FOR THE PITTSBURGH-BEAVER VALLEY AREA
[In tons per day (tpd) and tons per year (tpy)]
2014 2018 2023
Scenario VOC NOX PM2.5 VOC NOX PM2.5 VOC NOX PM2.5
tpd tpy tpd tpy tpy tpd tpy tpd tpy tpy tpd tpy tpd tpy tpy
Pennsylvania 7.8
psi RVP Pro-
gram ............... 38.7 14,134 77.1 28,142 902 25.1 9,082 49.4 17,403 614 18.2 6,650 30.4 10,834 430
Federal 9.0 psi
RVP Program ............ ............ ............ ............ ............ 25.0 9,040 49.7 17,446 612 18.0 6,604 30.5 10,847 428
Reduction or In-
crease in
Emissions (¥)
or (+) .............. ............ ............ ............ ............ ............ ¥0.18 ¥41.4 +0.3 +43.5 ¥2.0 ¥0.24 ¥46.5 +0.09 13.1 ¥2.2
PADEP modelled nonroad emissions assumed this portion of the inventory the changes in nonroad vehicle and
using the MOVES NONROAD model, would see an increase of three percent equipment emissions in the Pittsburgh-
version 2014a, coupled with the 2014 of total VOC emissions from removal of Beaver Valley area from repeal of the
NEI version 1 emission inventory, to the Commonwealth’s 7.8 psi RVP state low-RVP gasoline program.
compile a base year scenario. PADEP gasoline program. Table 2 summarizes
TABLE 2—NONROAD MOBILE EMISSIONS COMPARISON BETWEEN PADEP’S 7.8 psi LOW-RVP PROGRAM VERSUS THE
FEDERAL RVP PROGRAM FOR THE PITTSBURGH-BEAVER VALLEY AREA
[In tpy and tpd]
2014 2018 2023
VOC VOC VOC
tpy tpd tpy tpd tpy
Pennsylvania 7.8 psi RVP Program .................................... 7,221 37.15 5,684 35.10 5,370
Federal 9.0 psi RVP Program ............................................. ........................ 38.15 5,837 36.11 5,525
Reduction or Increase in Emissions (¥) or (+) ................... ........................ 1.00 153 1.01 155
Changes in gasoline RVP produce of PADEP’s estimated emissions from TABLE 3—GASOLINE DISTRIBUTION
emissions from not only vehicles and these point and area sources resulting SYSTEM POINT AND AREA SOURCES
equipment that store and combust the from a change from the Pennsylvania INCREASE IN VOC EMISSIONS FROM
fuel, but also from evaporation and low-RVP gasoline rule to the federal REMOVAL OF PENNSYLVANIA’S 7.8
permeation from movement, storage, rule. PADEP assumed this portion of the
inventory would see an increase of three
psi RVP REQUIREMENT IN THE
and transportation of the fuel as part of
percent of total VOC emissions from PITTSBURGH-BEAVER VALLEY
the gasoline distribution system. These
sources include gasoline refineries and removal of the Commonwealth’s 7.8 psi AREA—Continued
terminals, pipelines, gasoline tanker RVP gasoline program. [In tpy and tpd]
trucks, storage tanks, service station
tanks, and portable gas cans. These are TABLE 3—GASOLINE DISTRIBUTION 2014 NEI
SYSTEM POINT AND AREA SOURCES Point/area source category VOC
a combination of large, point sources of (tpy)
emissions and smaller area sources. INCREASE IN VOC EMISSIONS FROM
PADEP estimates emissions from these REMOVAL OF PENNSYLVANIA’S 7.8 Total 2014 NEI Point 216.7.
sources by different means, ranging psi RVP REQUIREMENT IN THE Source RVP-Related
from use of emission factors (from EPA’s Emissions.
PITTSBURGH-BEAVER VALLEY AREA
AP–42 compendium of emission factors) 3% of 2014 Point Emissions, At- 7 tpy
[In tpy and tpd] tributable to 7.8 RVP repeal. (0.02 tpd).
coupled with activity information (or
surrogates for activity like population) 2014 NEI
or gasoline sales numbers. Some larger Point/area source category VOC Table 4 summarizes combined
(tpy) highway mobile, nonroad, and point
sradovich on DSK3GMQ082PROD with RULES
sources (e.g., refineries and bulk
gasoline terminals) are sufficiently large and area source emissions impacts from
Gasoline Terminals ..................... 131.3.
to be estimated or measured more Bulk Plants .................................. 74.9.
the removal of the Commonwealth’s 7.8
directly as discreet sources in the Area’s Tank Truck Transit ..................... 10.4. psi low-RVP program for the 2018 and
periodic point source emission Service Station Unloading .......... 0.1. 2023 scenarios.
inventory. Table 3 contains a summary
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![27906 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
TABLE 4—SUMMARY OF COMBINED EMISSION IMPACTS FROM REMOVAL OF THE 7.8 PSI PROGRAM IN THE
PITTSBURGH-BEAVER VALLEY AREA IN 2018 AND 2023
[In tpy and tpd]
VOC NOX PM2.5
tpy tpd tpy tpd tpy
Highway ............................................................................... ¥41.4 ¥0.18 43.5 0.3 ¥2.0
Nonroad ............................................................................... 153 1 0 0 0
Point/Area ............................................................................ 7 ¥0.02 0 0 0
Total Change in 2018 Emissions ................................. +119 +0.84 +43.5 +0.3 ¥2.0
Highway ............................................................................... ¥46.5 ¥0.24 13.1 0.09 ¥2.2
Nonroad ............................................................................... 155 1.01 0 0 0
Point/Area ............................................................................ 7 0.02 0 0 0
Total Change in 2023 Emissions ................................. +116 +0.79 +13.1 +0.09 ¥2.2
Based on our review of the program (after considering the benefits Although this measure was
information provided, EPA finds that from replacement with the federal 9.0 implemented prior to the
PADEP used reasonable methods and RVP gasoline program). PADEP has also Commonwealth’s repeal of the 7.8 psi
the appropriate tools (e.g., emissions estimated emissions impacts in the year low-RVP gasoline program, the
estimation models, emissions factors, 2023 to examine the future impacts of emissions reductions from the adhesives
and methodologies) in estimating the removal of the 7.8 psi state summertime rule have not previously been
effect on emissions from removing the RVP requirement. To compensate for the ‘‘credited’’ in any attainment,
7.8 psi RVP summertime gasoline emissions impact of repeal of this reasonable further progress,
program. PADEP determined that in requirement in the Pittsburgh-Beaver redesignation, or maintenance plan SIP
2018 the emissions increase resulting Valley Area, PADEP has analyzed the
for any NAAQS. PADEP has quantified
from removal of the 7.8 psi RVP emission benefits associated with two
the reductions from the OTC adhesives
requirement (and replacement with the substitute measures previously
federal 9.0 RVP gasoline program) implemented but not ‘‘claimed’’ in any model rule using studies performed by
would be 0.84 summertime tpd of VOC prior SIP attainment plan (under CAA the California Air Resources Board
and 0.3 summertime tpd of NOX in the section 172) for the Commonwealth. (CARB), upon which the OTC model
Pittsburgh-Beaver Valley Area. PADEP’s These measures are: (1) Overcontrol of rule was derived. As an area source
demonstration shows that direct VOC emissions from Pennsylvania’s measure, PADEP relied upon population
emissions of PM2.5 decrease by 2.0 tpy adhesives rule (25 Pa. Code § 129.77) based, per capita emission reduction
from removal of the 7.8 psi RVP and (2) unclaimed creditable emissions estimates for the 7-county Pittsburgh-
requirement (and replacement with the reductions associated with the Beaver Valley Area. PADEP extrapolated
federal 9.0 RVP gasoline program). By permanent closure in 2015 of a glass its per capita emission factor estimate
2023, the emissions impact of removal manufacturing facility in Allegheny prepared when it adopted the adhesives
of the 7.8 psi RVP requirement would County, Guardian Industries Jefferson rule (based on 2009 area population) by
slightly decrease from 2018, to 0.79 tpd Hills facility. population data for 2014, 2018, and
of VOCs and 0.09 tpd of NOX, with 2023. For purposes of comparison to the
1. Pennsylvania’s Adhesives, Sealants,
direct PM2.5 emissions decreasing low-RVP rule, PADEP seasonally
Primers, and Solvents Rule
slightly more than 2018 estimates. adjusted its original estimate for the
Pennsylvania adopted emissions
B. Pennsylvania’s Substitution of adhesives rule (based on a 3-month
limits for adhesives and sealants
Alternative Emissions Reduction June-August summer season) to reflect
consistent with the Ozone Transport
Measures for the 7.8 psi Low-RVP Commission (OTC) model rule covering the longer low-RVP gasoline
Gasoline Program 37 categories of products, on December summertime season (i.e., 5-month May-
PADEP has estimated lost and 24, 2010 (40 Pa. B. 7340). On June 25, September control season). Table 5
compensating emission reductions for 2015 (80 FR 36482), EPA approved the summarizes the daily and annual VOC
the year of removal of the adhesives rule (25 Pa. Code Section emissions benefit provided by the
Commonwealth’s low-RVP gasoline 129.77) into the Pennsylvania SIP. adhesives rule.
TABLE 5—SUMMARY OF PENNSYLVANIA’S ADHESIVES RULE VOC EMISSION REDUCTION ESTIMATES
FOR 2014, 2018, AND 2023
2014 2018 2023
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Projected Pittsburgh-Beaver Valley Area Population (persons) ................................................. 2, 358,096 2,346,571 2,338,002
PADEP Adhesives Rule VOC Annual Reduction Emission Factor (tons per person per year) 4.96 × 10¥4 4.96 × 10¥4 4.96 × 10¥4
PADEP Adhesives Rule VOC Daily Reduction Emission Factor (tons per person per day) ..... 1.36 × 10¥6 1.36 × 10¥6 1.36 × 10¥6
VOC Reduction from PADEP Adhesives Rule (in tpy) ............................................................... 1,169 1,163 1,159
VOC Reduction from PADEP Adhesives Rule (in tpd) ............................................................... 3.21 3.20 3.19
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2. Shutdown of Guardian Industries Pennsylvania’s new source review CAA and Pennsylvania SIP) and would
Jefferson Hills Facility (NSR) program). Having missed the legal not be able to use any emission
deadline for doing so, the associated reductions from this closure for
To further aid in offsetting emission emission reductions from the facility permitting purposes.
reductions lost from the removal of the shutdown can no longer be used by any
summertime 7.8 psi low-RVP gasoline To quantify emission reductions from
facility for complying with the NSR
requirement (after replacement with the the Guardian Industries Jefferson Hills
program. Pennsylvania asserts the
federal 9.0 RVP gasoline program), facility shutdown, PADEP applied
reductions have not been used and
PADEP is relying upon emission cannot be used in the future by requirements from Pennsylvania’s
reductions from the permanent closure Pennsylvania to meet any other creditable emissions decrease
of a Guardian Industries Corporation obligation, including attainment provisions for applicability
glass manufacturing facility located in demonstration, facility emission determination under the NSR program
Jefferson Hills, Allegheny County limitation, reasonable further progress, (25 Pa. Code Section 127.203a), used for
(Facility ID 4200300342). This facility or maintenance plan requirements for calculation of lookback periods and
ceased operations in August 2015, and the area. The facility has been baseline credit determinations for
Guardian Industries did not request that permanently closed and the emission emission reduction credit generation.
potentially creditable emission source removed. The plan approvals Table 6 summarizes PADEP’s estimate
reductions be preserved in the inventory and operating permits for the facility are of creditable emission reductions from
within the one year deadline for doing no longer valid. Any new source at this the Guardian Industry Jefferson Hills
so under 25 Pa. Code Chapter 127, facility would be subject to NSR facility for use in partially offsetting the
Subchapter E (relating to emission permitting provisions (including removal of the 7.8 psi RVP gasoline
reduction credit generation under securing emission offsets as required by program.
TABLE 6—SUMMARY OF EMISSION REDUCTIONS FROM THE PERMANENT SHUTDOWN OF GUARDIAN INDUSTRIES
JEFFERSON HILLS FACILITY
Permanent emission offsets for 24-month annual average Offsets
Pollutant
(August 2013–July 2015) (in tpy)
NOX .......................................................................................................................................................................... 625 1.8
VOC ......................................................................................................................................................................... 13.8 0.04
PM2.5 ........................................................................................................................................................................ 26.5 N/A
C. Comparison of Emissions Impacts glass manufacturing facility in removal of the 7.8 psi RVP gasoline
From Removal of the Commonwealth’s Allegheny County to offset the program (as shown in Table 4), to
7.8 psi RVP Gasoline Program and the emissions impact of removing the account for uncertainty in its
Uncredited Emission Reductions From Commonwealth’s summertime gasoline calculation of the estimates for the
Substitute Measures volatility control rule and to support emissions benefits from that program.
that its argument that removal of 7.8 psi Table 7 summarizes the Pittsburgh-
Pennsylvania is relying upon NOX, RVP requirement from the SIP will not Beaver Valley Area emissions increases
VOC, and PM2.5 emission reductions interfere with attainment of any from repeal of the low-RVP gasoline
from its adoption of the OTC model NAAQS. Pennsylvania has elected to program compared to the emissions
adhesives rule and from the shutdown adjust upward by 25 percent its benefits resulting from the alternative
of Guardian Industries Jefferson Hills estimates for the emission impact of the emission reduction measures.
TABLE 7—SUMMARY OF PITTSBURGH-BEAVER VALLEY IMPACTS FROM REMOVAL OF THE 7.8 psi GASOLINE VOLATILITY
PROGRAM COMPARED TO EMISSIONS BENEFITS FROM ALTERNATIVE MEASURES
[In 2018 and 2023]
VOC NOX PM2.5
tpy tpd tpy tpd tpy
2018:
Change in Emissions from RVP Rule Repeal 6 ............................... 119 0.84 43.5 0.3 ¥2.0
Emission Adjustment to RVP Change Estimate (25% increase) ..... 30 0.21 11 0.08 ¥2.0
Total Emissions Requiring Offset .............................................. 149 1.05 54.5 0.38 ....................
Adhesives Rule Reductions for Offset ............................................. 1,163 3.2 0 0 0
Facility Shutdown Reductions for Offset .......................................... 13.8 0.04 625 1.8 26.5
Total Available Offset Emissions ............................................... 1,177 3.24 625 1.8 28.5
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Surplus Reductions After Offset (Total Emissions Requiring Off-
set—Total Available Offsets) ........................................................ 1,029 2.19 570.5 1.0 28.5
2023:
Change in Emissions from RVP Rule Repeal 7 ............................... 116 0.79 13.1 0.09 ¥2.0
Emission Adjustment to RVP Change Estimate (25% increase) ..... 29 0.20 3.3 0.02 ....................
Total Emissions Requiring Offset .............................................. 144 0.99 16.4 0.11 ¥2.0
Adhesives Rule Reductions for Offset ............................................. 1,159 3.19 0 0 0
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![27908 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
TABLE 7—SUMMARY OF PITTSBURGH-BEAVER VALLEY IMPACTS FROM REMOVAL OF THE 7.8 psi GASOLINE VOLATILITY
PROGRAM COMPARED TO EMISSIONS BENEFITS FROM ALTERNATIVE MEASURES—Continued
[In 2018 and 2023]
VOC NOX PM2.5
tpy tpd tpy tpd tpy
Facility Shutdown Reductions for Offset .......................................... 13.8 0.04 625 1.8 26.5
Total Available Offset Emissions ............................................... 1,173 3.23 625 1.8 28.5
Surplus Reductions After Offset (Total Emissions Requiring Off-
set—Total Available Offsets) ........................................................ 1,029 2.24 608.6 1.69 28.5
As indicated in Table 7, Pennsylvania requirement of 9.0 psi. Based on on EPA’s Gasoline Reid Vapor Pressure
has a surplus of VOC, NOX, and PM2.5 Pennsylvania’s CAA 110(l) analysis web page (https://www.epa.gov/
emission reductions from the alternative showing surplus emission reductions gasoline-standards/gasoline-reid-vapor-
emission reduction measures after (see Table 7), EPA has no reason to pressure). Subsequent to the final
offsetting the emissions reductions lost believe that the removal of the low RVP effective date of EPA’s approval of
from repeal of the Commonwealth’s fuel requirements in the Pittsburgh- Pennsylvania’s May 2, 2018 SIP revision
low-RVP gasoline program, in both 2018 Beaver Valley area will negatively to remove Pennsylvania’s Chapter 126,
(the year of repeal of the low-RVP impact the area’s ability to attain or Subchapter C RVP requirement from the
gasoline program) and in the 2023 maintain any NAAQS including SIP, EPA will update the State Fuels
future case. Although not needed to specifically ozone and PM2.5 or interfere and Gasoline Reid Vapor Pressure web
offset the low-RVP gasoline rule, PADEP with reasonable further progress. In pages with the effective date of the SIP
is electing to retire all emissions addition, EPA believes that removing removal. However, the entry for
reductions from the facility shutdown the 7.8 psi low RVP program Pennsylvania will be not be completely
and will not use them for any future requirements in the Pittsburgh-Beaver deleted from the list of boutique fuels,
NSR program purposes. These surplus Valley Area will not interfere with any as Allegheny County remains subject to
emission reductions, not previously other CAA requirement as the Area will a separate, SIP-approved 7.8 psi RVP
claimed for any SIP-approved plan, will remain subject to the federal low RVP gasoline requirement of ACHD’s Rules
help to ensure that removal of the low- fuel requirements. and Regulations, Article XXI, pending
RVP gasoline program will not interfere future action by ACHD to repeal that
V. Impacts on the Boutique Fuels List
with any NAAQS for the Pittsburgh- rule and submit a formal SIP revision
Beaver Valley Area. Section 1541(b) of the Energy Policy requesting its repeal from the
EPA believes that the removal of the Act of 2005 required EPA, in Pennsylvania SIP. This deletion of
7.8 psi low RVP fuel program consultation with the U.S. Department Armstrong, Beaver, Butler, Fayette,
requirements in the Pittsburgh-Beaver of Energy, to determine the number of Washington, and Westmoreland
Valley Area does not interfere with fuels programs approved into all SIPs as Counties from the list will not result in
Pennsylvania’s ability to demonstrate of September 1, 2004 and to publish a an opening on the boutique fuels list
compliance with any of the ozone or list of such fuels. On December 28, 2008 because the 7.8 psi RVP fuel type
PM2.5 NAAQS, which could potentially (71 FR 78192), EPA published the list of remains for one Pennsylvania County,
have been impacted by the NAAQS boutique fuels. EPA maintains the and in other state SIPs.
pollutant precursors that are the subject current list of boutique fuels on its
of the SIP revision. EPA’s analyses of website at: https://www.epa.gov/ VI. What action is EPA taking?
the Commonwealth’s SIP revision for gasoline-standards/state-fuels. The final EPA is approving Pennsylvania’s May
CAA 110(l) impact is supported by its list of boutique fuels was based on a fuel 2, 2018 SIP revision to remove the low
use of alternate emission reduction type approach. CAA section RVP fuel requirements at 25 Pa. Code
measures that ensure permanent, 211(c)(4)(C)(v)(III) requires that EPA Chapter 126, Subchapter C from the
enforceable, contemporaneous, surplus remove a fuel from the published list if Pennsylvania SIP. With this action, EPA
emissions reductions are achieved it is either identical to a federal fuel or is also approving the Commonwealth’s
within the Pittsburgh-Beaver Valley is removed from the SIP in which it is supporting CAA 110(l) demonstration in
Area which far exceed the slight approved. Under the adopted fuel type its May 2, 2018 submission that removal
increase in NOX and VOC pollutants approach, EPA interpreted this of the low RVP gasoline program does
from the removal of low RVP fuel requirement to mean that a fuel would not interfere with the Commonwealth’s
especially as Pennsylvania is still have to be removed from all SIPs in ability to attain or maintain any NAAQS
subject to the federal RVP fuel which it was approved in order for it to in the Pittsburgh-Beaver Valley Area.
be removed from the list. (71 FR 78195). Our approval of the May 2, 2018 SIP
6 This increase (or decrease) in emissions is the The 7.8 psi RVP fuel program (as submittal is in accordance with CAA
net emission change when comparing the required by Pa. Code Chapter 126, requirements in section 110, including
Commonwealth’s 7.8 psi requirement for the Subchapter C), as approved into section 110(l) specifically.
sradovich on DSK3GMQ082PROD with RULES
Pittsburgh-Beaver Valley Area to the federal 9.0 psi
RVP program requirement that will remain upon Pennsylvania’s SIP, is a fuel type that is EPA’s approval of the May 2, 2018
removal of the Commonwealth’s program. included in EPA’s boutique fuel list (71 Pennsylvania SIP revision does not
7 This increase (or decrease) in emissions is the FR 78198–99; https://www.epa.gov/ remove the separate SIP requirement
net emission change when comparing the gasoline-standards/state-fuels). The applicable requiring use of 7.8 psi RVP
Commonwealth’s 7.8 psi requirement for the
Pittsburgh-Beaver Valley Area to the federal 9.0 psi
specific counties in the Pittsburgh- gasoline during summertime months in
RVP program requirement that will remain upon Beaver Valley Area where summer low Allegheny County, under requirements
removal of the Commonwealth’s program. RVP gasoline is required are identified set forth in Article XXI, Rules and
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Regulations of the ACHD, which were • is certified as not having a C. Petitions for Judicial Review
approved by EPA as part of the significant economic impact on a
Commonwealth’s SIP on April 17, 2001 substantial number of small entities Under section 307(b)(1) of the CAA,
(66 FR 19724). PADEP will submit a SIP under the Regulatory Flexibility Act (5 petitions for judicial review of this
revision, at a later date, on behalf of U.S.C. 601 et seq.); action must be filed in the United States
ACHD to remove or otherwise amend • does not contain any unfunded Court of Appeals for the appropriate
the separate Allegheny County low RVP mandate or significantly or uniquely circuit by August 14, 2018. Filing a
gasoline program rule. Neither ACHD’s affect small governments, as described petition for reconsideration by the
rule nor the related approved in the Unfunded Mandates Reform Act Administrator of this final rule does not
Pennsylvania SIP for Article XXI are the of 1995 (Pub. L. 104–4); affect the finality of this action for the
subject of this action or the purposes of judicial review nor does it
• does not have federalism
Pennsylvania May 2, 2018 low RVP extend the time within which a petition
implications as specified in Executive
gasoline SIP revision. for judicial review may be filed, and
EPA is publishing this rule without Order 13132 (64 FR 43255, August 10,
1999); shall not postpone the effectiveness of
prior proposal because EPA views this such rule or action. Parties with
as a noncontroversial amendment and • is not an economically significant objections to this direct final rule are
anticipates no adverse comment. regulatory action based on health or
encouraged to file a comment in
However, in the ‘‘Proposed Rules’’ safety risks subject to Executive Order
response to the parallel notice of
section of today’s Federal Register, EPA 13045 (62 FR 19885, April 23, 1997);
proposed rulemaking for this action
is publishing a separate document that • is not a significant regulatory action published in the proposed rules section
will serve as the proposal to approve the subject to Executive Order 13211 (66 FR of today’s Federal Register, rather than
SIP revision if adverse comments are 28355, May 22, 2001); file an immediate petition for judicial
filed. This rule will be effective on • is not subject to requirements of
August 14, 2018 without further notice review of this direct final rule, so that
Section 12(d) of the National EPA can withdraw this direct final rule
unless EPA receives adverse comment Technology Transfer and Advancement
by July 16, 2018. If EPA receives adverse and address the comment in the
Act of 1995 (15 U.S.C. 272 note) because proposed rulemaking action. This action
comment, EPA will publish a timely application of those requirements would
withdrawal in the Federal Register to remove from the Pennsylvania SIP
be inconsistent with the CAA; and requirements for low RVP fuel for the
informing the public that the rule will
not take effect. EPA will address all • does not provide EPA with the Pittsburgh Area may not be challenged
public comments in a subsequent final discretionary authority to address, as later in proceedings to enforce its
rule based on the proposed rule. EPA appropriate, disproportionate human requirements. (See section 307(b)(2).)
will not institute a second comment health or environmental effects, using
practicable and legally permissible List of Subjects in 40 CFR Part 52
period on this action. Any parties
interested in commenting must do so at methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). Environmental protection, Air
this time. pollution control, Carbon monoxide,
VII. Statutory and Executive Order In addition, this rule does not have Incorporation by reference,
Reviews tribal implications as specified by Intergovernmental relations, Nitrogen
Executive Order 13175 (65 FR 67249, dioxide, Ozone, Particulate matter,
A. General Requirements November 9, 2000), because the SIP is Reporting and recordkeeping
Under the CAA, the Administrator is not approved to apply in Indian country requirements, Volatile organic
required to approve a SIP submission located in the state, and EPA notes that compounds.
that complies with the provisions of the it will not impose substantial direct
costs on tribal governments or preempt Dated: June 6, 2018.
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a). tribal law. Cecil Rodrigues,
Thus, in reviewing SIP submissions, B. Submission to Congress and the Acting Regional Administrator, Region III.
EPA’s role is to approve state choices, Comptroller General 40 CFR part 52 is amended as follows:
provided that they meet the criteria of
the CAA. Accordingly, this action The Congressional Review Act, 5 PART 52—APPROVAL AND
merely approves state law as meeting U.S.C. 801 et seq., as added by the Small PROMULGATION OF
federal requirements and does not Business Regulatory Enforcement IMPLEMENTATION PLANS
impose additional requirements beyond Fairness Act of 1996, generally provides
those imposed by state law. For that that before a rule may take effect, the
■ 1. The authority citation for part 52
reason, this action: agency promulgating the rule must
continues to read as follows:
• Is not a ‘‘significant regulatory submit a rule report, which includes a
action’’ subject to review by the Office copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq.
of Management and Budget under Congress and to the Comptroller General
Executive Orders 12866 (58 FR 51735, of the United States. EPA will submit a Subpart NN—Pennsylvania
October 4, 1993) and 13563 (76 FR 3821, report containing this action and other
January 21, 2011); required information to the U.S. Senate, ■ 2. In § 52.2020, the table in paragraph
• is not an Executive Order 13771 (82 the U.S. House of Representatives, and (c)(1) is amended by removing the title
sradovich on DSK3GMQ082PROD with RULES
FR 9339, February 2, 2017) regulatory the Comptroller General of the United and entries for ‘‘Subchapter C—Gasoline
action because SIP approvals are States prior to publication of the rule in Volatility Requirements’’ under Title 25,
exempted under Executive Order 12866. the Federal Register. A major rule Chapter 126 Standard for Motor Fuels.
• does not impose an information cannot take effect until 60 days after it [FR Doc. 2018–12703 Filed 6–14–18; 8:45 am]
collection burden under the provisions is published in the Federal Register. BILLING CODE 6560–50–P
of the Paperwork Reduction Act (44 This action is not a ‘‘major rule’’ as
U.S.C. 3501 et seq.); defined by 5 U.S.C. 804(2).
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Document Created: 2018-11-02 12:01:13
Document Modified: 2018-11-02 12:01:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on August 14, 2018 without further notice, unless EPA receives adverse written comment by July 16, 2018. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Brian Rehn, (215) 814-2176, or by email at [email protected] | |
| FR Citation | 83 FR 27901 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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