83_FR_50508 83 FR 50314 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Beaver, Pennsylvania Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard

83 FR 50314 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Plan for the Beaver, Pennsylvania Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50314-50326
FR Document2018-21667

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision, submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP), to EPA on September 29, 2017, for the purpose of providing for attainment of the 2010 sulfur dioxide (SO<INF>2</INF>) primary national ambient air quality standard (NAAQS) in the Beaver County, Pennsylvania SO<INF>2</INF> nonattainment area (hereafter referred to as the ``Beaver Area'' or ``Area''). The Beaver Area is comprised of a portion of Beaver County (Industry Borough, Shippingport Borough, Midland Borough, Brighton Township, Potter Township and Vanport Township) in Pennsylvania. The SIP submission is an attainment plan which includes the base year emissions inventory, an analysis of the reasonably available control technology (RACT) and reasonably available control measure (RACM) requirements, a reasonable further progress (RFP) plan, a modeling demonstration of SO<INF>2</INF> attainment, contingency measures for the Beaver Area, and Pennsylvania's new source review (NSR) permitting program. As part of approving the attainment plan, EPA is also proposing to approve into the Pennsylvania SIP new SO<INF>2</INF> emission limits and associated compliance parameters for the FirstEnergy Generation, LLC (FirstEnergy) Bruce Mansfield Power Station (Bruce Mansfield Facility) and a consent order with Jewel Acquisition Midland steel plant (Jewel Facility). This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Proposed Rules]
[Pages 50314-50326]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21667]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0681; FRL-9984-98-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Plan for the Beaver, Pennsylvania 
Nonattainment Area for the 2010 Sulfur Dioxide Primary National Ambient 
Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision, submitted by the 
Commonwealth of Pennsylvania through the Pennsylvania Department of 
Environmental Protection (PADEP), to EPA on September 29, 2017, for the 
purpose of providing for attainment of the 2010 sulfur dioxide 
(SO2) primary national ambient air quality standard (NAAQS) 
in the Beaver County, Pennsylvania SO2 nonattainment area 
(hereafter referred to as the ``Beaver Area'' or ``Area''). The Beaver 
Area is comprised of a portion of Beaver County (Industry Borough, 
Shippingport Borough, Midland Borough, Brighton Township, Potter 
Township and Vanport Township) in Pennsylvania. The SIP submission is 
an attainment plan which includes the base year emissions inventory, an 
analysis of the reasonably available control technology (RACT) and 
reasonably available control measure (RACM) requirements, a reasonable 
further progress (RFP) plan, a modeling demonstration of SO2 
attainment, contingency measures for the Beaver Area, and 
Pennsylvania's new source review (NSR) permitting program. As part of 
approving the attainment plan, EPA is also proposing to approve into 
the Pennsylvania SIP new SO2 emission limits and associated 
compliance parameters for the FirstEnergy Generation, LLC (FirstEnergy) 
Bruce Mansfield Power Station (Bruce Mansfield Facility) and a consent 
order with Jewel Acquisition Midland steel plant (Jewel Facility). This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0681 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-dockts.

FOR FURTHER INFORMATION CONTACT: Megan Goold (215) 814-2027, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background for EPA's Proposed Action
II. Requirements for SO2 Nonattainment Area Plan
III. Attainment Demonstration and Longer Averaging Times

[[Page 50315]]

IV. Pennsylvania's Attainment Plan Submittal for the Beaver Area
V. EPA's Analysis of Pennsylvania's Attainment Plan for the Beaver 
Area
    A. Pollutants Addressed
    B. Emissions Inventory Requirements
    C. Air Quality Modeling
    D. RACM/RACT
    E. RFP Plan
    F. Contingency Measures
    G. New Source Review
VI. EPA's Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Background for EPA's Proposed Action

    On June 2, 2010, the EPA Administrator signed a final rule 
establishing a new SO2 NAAQS as a 1-hour standard of 75 
parts per billion (ppb), based on a 3-year average of the annual 99th 
percentile of 1-hour daily maximum concentrations. See 75 FR 35520 
(June 22, 2010), codified at 40 CFR 50.17(a)-(b). This action also 
revoked the existing 1971 primary annual and 24-hour standards, subject 
to certain conditions.\1\ EPA established the NAAQS based on 
significant evidence and numerous health studies demonstrating that 
serious health effects are associated with short-term exposures to 
SO2 emissions ranging from 5 minutes to 24 hours with an 
array of adverse respiratory effects including narrowing of the airways 
which can cause difficulty breathing (bronchoconstriction) and 
increased asthma symptoms. For more information regarding the health 
impacts of SO2, please refer to the June 22, 2010, final 
rulemaking. See 75 FR 35520. Following promulgation of a new or revised 
NAAQS, EPA is required by the CAA to designate areas throughout the 
United States as attaining or not attaining the NAAQS; this designation 
process is described in section 107(d)(1) of the CAA. On August 5, 
2013, EPA promulgated initial air quality designations for 29 areas for 
the 2010 SO2 NAAQS (78 FR 47191), which became effective on 
October 4, 2013, based on violating air quality monitoring data for 
calendar years 2009-2011, where there was sufficient data to support a 
nonattainment designation.\2\
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    \1\ EPA's June 22, 2010 final action revoked the two 1971 
primary 24-hour standard of 140 ppb and the annual standard of 30 
ppb because they were determined not to add additional public health 
protection given a 1-hour standard at 75 ppb. See 75 FR 35520. 
However, the secondary 3-hour SO2 standard was retained. 
Currently, the 24-hour and annual standards are only revoked for 
certain of those areas the EPA has already designated for the 2010 
1-hour SO2 NAAQS. See 40 CFR 50.4(e).
    \2\ EPA is continuing its designation efforts for the 2010 
SO2 NAAQS. Pursuant to a court-order entered on March 2, 
2015, by the U.S. District Court for the Northern District of 
California, EPA must complete the remaining designations for the 
rest of the country on a schedule that contains three specific 
deadlines. Sierra Club, et al. v. Environmental Protection Agency, 
13-cv-03953-SI (2015).
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    Effective on October 4, 2013, the Beaver Area was designated as 
nonattainment for the 2010 SO2 NAAQS for an area that 
encompasses several past and current sources of SO2 
emissions and the nearby SO2 monitor (Air Quality Site ID: 
42-007-0005). The October 4, 2013 final designation triggered a 
requirement for Pennsylvania to submit a SIP revision with an 
attainment plan for how the Area would attain the 2010 SO2 
NAAQS as expeditiously as practicable, but no later than October 4, 
2018, in accordance with CAA section 192(a).
    For a number of areas, including the Beaver Area, EPA published a 
notice on March 18, 2016, effective April 18, 2016, that Pennsylvania 
and other pertinent states had failed to submit the required 
SO2 attainment plan by this submittal deadline. See 81 FR 
14736. This finding initiated a deadline under CAA section 179(a) for 
the potential imposition of new source review and highway funding 
sanctions. However, pursuant to Pennsylvania's submittal of September 
29, 2017, and EPA's subsequent letter dated October 5, 2017, to 
Pennsylvania finding the submittal complete and noting the stopping of 
these sanctions' deadline, these sanctions under section 179(a) will 
not be imposed as a consequence of Pennsylvania's missing the SIP 
submission deadline. Additionally, under CAA section 110(c), the March 
18, 2016 finding triggers a requirement that EPA promulgate a federal 
implementation plan (FIP) within two years of the finding unless, by 
that time the state has made the necessary complete submittal and EPA 
has approved the submittal as meeting applicable requirements. EPA's 
obligation to promulgate and implement a FIP will not apply if EPA 
makes final the approval action proposed here.

II. Requirements for SO2 Nonattainment Area Plans

    Attainment plans must meet the applicable requirements of the CAA, 
and specifically CAA sections 110, 172, 191, and 192. The required 
components of an attainment plan submittal are listed in section 172(c) 
of Title 1, part D of the CAA. The EPA's regulations governing 
nonattainment SIPs are set forth at 40 CFR part 51, with specific 
procedural requirements and control strategy requirements residing at 
subparts F and G, respectively. Soon after Congress enacted the 1990 
Amendments to the CAA, EPA issued comprehensive guidance on SIPs, in a 
document entitled the ``General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990,'' published at 57 FR 
13498 (April 16, 1992) (General Preamble). Among other things, the 
General Preamble addressed SO2 SIPs and fundamental 
principles for SIP control strategies. Id. at 13545-49, 13567-68. On 
April 23, 2014, EPA issued recommended guidance (hereafter 2014 
SO2 Nonattainment Guidance) for how state submissions could 
address the statutory requirements in SO2 attainment 
plans.\3\ In this guidance, EPA described the statutory requirements 
for an attainment plan, which include: An accurate base year emissions 
inventory of current emissions for all sources of SO2 within 
the nonattainment area (172(c)(3)); an attainment demonstration that 
includes a modeling analysis showing that the enforceable emissions 
limitations and other control measures taken by the state will provide 
for expeditious attainment of the NAAQS (172(c)); demonstration of RFP 
(172(c)(2)); implementation of RACM, including RACT (172(c)(1)); NSR 
(172(c)(5)); and adequate contingency measures for the affected area 
(172(c)(9)). A synopsis of these requirements is also provided in the 
notice of proposed rulemaking on the Illinois SO2 
nonattainment plans, published on October 5, 2017 at 82 FR 46434.
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    \3\ See ``Guidance for 1-Hour SO2 Nonattainment Area 
SIP Submissions'' (April 23, 2014), available at https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.
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    In order for the EPA to fully approve a SIP as meeting the 
requirements of CAA sections 110, 172 and 191-192 and EPA's regulations 
at 40 CFR part 51, the SIP for the affected area needs to demonstrate 
to EPA's satisfaction that each of the aforementioned requirements have 
been met. Under CAA sections 110(l) and 193, the EPA may not approve a 
SIP that would interfere with any applicable requirement concerning 
NAAQS attainment and RFP, or any other applicable requirement, and no 
requirement in effect (or required to be adopted by an order, 
settlement, agreement, or plan in effect before November 15, 1990) in 
any area which is a nonattainment area for any air pollutant, may be 
modified in any manner unless it ensures equivalent or

[[Page 50316]]

greater emission reductions of such air pollutant.

III. Attainment Demonstration and Longer Term Averaging

    CAA section 172(c)(1) directs states with areas designated as 
nonattainment to demonstrate that the submitted plan provides for 
attainment of the NAAQS. 40 CFR part 51, subpart G further delineates 
the control strategy requirements that SIPs must meet, and EPA has long 
required that all SIPs and control strategies reflect four fundamental 
principles of quantification, enforceability, replicability, and 
accountability. General Preamble, at 13567-68. SO2 
attainment plans must consist of two components: (1) Emission limits 
and other control measures that assure implementation of permanent, 
enforceable and necessary emission controls, and (2) a modeling 
analysis which meets the requirements of 40 CFR part 51, Appendix W 
which demonstrates that these emission limits and control measures 
provide for timely attainment of the primary SO2 NAAQS as 
expeditiously as practicable, but by no later than the attainment date 
for the affected area. In all cases, the emission limits and control 
measures must be accompanied by appropriate methods and conditions to 
determine compliance with the respective emission limits and control 
measures and must be quantifiable (i.e., a specific amount of emission 
reduction can be ascribed to the measures), fully enforceable 
(specifying clear, unambiguous and measurable requirements for which 
compliance can be practicably determined), replicable (the procedures 
for determining compliance are sufficiently specific and non-subjective 
so that two independent entities applying the procedures would obtain 
the same result), and accountable (source specific limits must be 
permanent and must reflect the assumptions used in the SIP 
demonstrations).
    EPA's 2014 SO2 Nonattainment Guidance recommends that 
the emission limits established for the attainment demonstration be 
expressed as short-term average limits (e.g., addressing emissions 
averaged over one or three hours), but also describes the option to 
utilize emission limits with longer averaging times of up to 30 days so 
long as the state meets various suggested criteria. See 2014 
SO2 Nonattainment Guidance, pp. 22 to 39. The guidance 
recommends that--should states and sources utilize longer averaging 
times--the longer term average limit should be set at an adjusted level 
that reflects a stringency comparable to the 1-hour average limit at 
the critical emission value shown to provide for attainment that the 
plan otherwise would have set.
    The 2014 SO2 Nonattainment Guidance provides an 
extensive discussion of EPA's rationale for concluding that 
appropriately set comparably stringent limitations based on averaging 
times as long as 30 days can be found to provide for attainment of the 
2010 SO2 NAAQS. In evaluating this option, EPA considered 
the nature of the standard, conducted detailed analyses of the impact 
of use of 30-day average limits on the prospects for attaining the 
standard, and carefully reviewed how best to achieve an appropriate 
balance among the various factors that warrant consideration in judging 
whether a state's plan provides for attainment. Id. at pp. 22-39, 
Appendices B, C, and D.
    As specified in 40 CFR 50.17(b), the 1-hour primary SO2 
NAAQS is met at an ambient air quality monitoring site when the 3-year 
average of the annual 99th percentile of daily maximum 1-hour 
concentrations is less than or equal to 75 ppb. In a year with 365 days 
of valid monitoring data, the 99th percentile would be the fourth 
highest daily maximum 1-hour value. The 2010 SO2 NAAQS, 
including this form of determining compliance with the standard, was 
upheld by the U.S. Court of Appeals for the District of Columbia 
Circuit in Nat'l Envt'l Dev. Ass'n's Clean Air Project v. EPA, 686 F.3d 
803 (D.C. Cir. 2012). Because the standard has this form, a single 
exceedance does not create a violation of the standard. Instead, at 
issue is whether a source operating in compliance with a properly set 
longer term average could cause exceedances, and if so the resulting 
frequency and magnitude of such exceedances, and in particular, whether 
EPA can have reasonable confidence that a properly set longer term 
average limit will provide that the average fourth highest daily 
maximum value will be at or below 75 ppb. A synopsis of how EPA 
evaluates whether such plans ``provide for attainment,'' based on 
modeling of projected allowable emissions and in light of the NAAQS' 
form for determining attainment at monitoring sites follows.
    For plans for SO2 based on 1-hour emission limits, the 
standard approach is to conduct modeling using fixed emission rates. 
The maximum emission rate that would be modeled to result in attainment 
(i.e., an ``average year'' \4\ shows three, not four days with maximum 
hourly levels exceeding 75 ppb) is labeled the ``critical emission 
value.'' The modeling process for identifying this critical emissions 
value inherently considers the numerous variables that affect ambient 
concentrations of SO2, such as meteorological data, 
background concentrations, and topography. In the standard approach, 
the state would then provide for attainment by setting a continuously 
applicable 1-hour emission limit at this critical emission value.
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    \4\ An ``average year'' is used to mean a year with average air 
quality. While 40 CFR 50 Appendix T provides for averaging three 
years of 99th percentile daily maximum values (e.g., the fourth 
highest maximum daily concentration in a year with 365 days with 
valid data), this discussion and an example below uses a single 
``average year'' in order to simplify the illustration of relevant 
principles.
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    EPA recognizes that some sources have highly variable emissions, 
for example due to variations in fuel sulfur content and operating 
rate, that can make it extremely difficult, even with a well-designed 
control strategy, to ensure in practice that emissions for any given 
hour do not exceed the critical emission value. EPA also acknowledges 
the concern that longer term emission limits can allow short periods 
with emissions above the ``critical emissions value,'' which, if 
coincident with meteorological conditions conducive to high 
SO2 concentrations, could in turn create the possibility of 
a NAAQS exceedance occurring on a day when an exceedance would not have 
occurred if emissions were continuously controlled at the level 
corresponding to the critical emission value. However, for several 
reasons, EPA believes that the approach recommended in its guidance 
document suitably addresses this concern. First, from a practical 
perspective, EPA expects the actual emission profile of a source 
subject to an appropriately set longer term average limit to be similar 
to the emission profile of a source subject to an analogous 1-hour 
average limit. EPA expects this similarity because it has recommended 
that the longer term average limit be set at a level that is comparably 
stringent to the otherwise applicable 1-hour limit (reflecting a 
downward adjustment from the critical emissions value) and that takes 
the source's emissions profile into account. As a result, EPA expects 
either form of emission limit to yield comparable air quality.
    Second, from a more theoretical perspective, EPA has compared the 
likely air quality with a source having maximum allowable emissions 
under an appropriately set longer term limit, as compared to the likely 
air quality with the source having maximum allowable

[[Page 50317]]

emissions under the comparable 1-hour limit. In this comparison, in the 
1-hour average limit scenario, the source is presumed at all times to 
emit at the critical emission level, and in the longer term average 
limit scenario, the source is presumed occasionally to emit more than 
the critical emission value but on average, and presumably at most 
times, to emit well below the critical emission value. In an ``average 
year,'' compliance with the 1-hour limit is expected to result in three 
exceedance days (i.e., three days with hourly values above 75 ppb) and 
a fourth day with a maximum hourly value at 75 ppb. By comparison, with 
the source complying with a longer term limit, it is possible that 
additional exceedances would occur that would not occur in the 1-hour 
limit scenario (if emissions exceed the critical emission value at 
times when meteorology is conducive to poor air quality). However, this 
comparison must also factor in the likelihood that exceedances that 
would be expected in the 1-hour limit scenario would not occur in the 
longer term limit scenario. This result arises because the longer term 
limit requires lower emissions most of the time (because the limit is 
set well below the critical emission value), so a source complying with 
an appropriately set longer term limit is likely to have lower 
emissions at critical times than would be the case if the source were 
emitting as allowed with a 1-hour limit.
    As a hypothetical example to illustrate these points, suppose a 
source that always emits 1000 pounds of SO2 per hour, which 
results in air quality at the level of the NAAQS (i.e., results in a 
design value of 75 ppb). Suppose further that in an ``average year,'' 
these emissions cause the 5-highest maximum daily average 1-hour 
concentrations to be 100 ppb, 90 ppb, 80 ppb, 75 ppb, and 70 ppb. Then 
suppose that the source becomes subject to a 30-day average emission 
limit of 700 pounds per hour. It is theoretically possible for a source 
meeting this limit to have emissions that occasionally exceed 1000 
pounds per hour, but with a typical emissions profile emissions would 
much more commonly be between 600 and 800 pounds per hour. In this 
simplified example, assume a zero background concentration, which 
allows one to assume a linear relationship between emissions and air 
quality. (A nonzero background concentration would make the mathematics 
more difficult but would give similar results.) Air quality will depend 
on what emissions happen on what critical hours, but suppose that 
emissions at the relevant times on these 5 days are 800 pounds/hour, 
1100 pounds per hour, 500 pounds per hour, 900 pounds per hour, and 
1200 pounds per hour, respectively. (This is a conservative example 
because the average of these emissions, 900 pounds per hour, is well 
over the 30-day average emission limit.) These emissions would result 
in daily maximum 1-hour concentrations of 80 ppb, 99 ppb, 40 ppb, 67.5 
ppb, and 84 ppb. In this example, the fifth day would have an 
exceedance that would not otherwise have occurred, but the third and 
fourth days would not have exceedances that otherwise would have 
occurred. In this example, the fourth highest maximum daily 
concentration under the 30-day average would be 67.5 ppb.
    This simplified example illustrates the findings of a more 
complicated statistical analysis that EPA conducted using a range of 
scenarios using actual plant data. As described in Appendix B of EPA's 
2014 SO2 Nonattainment Guidance, EPA found that the 
requirement for lower average emissions is highly likely to yield 
better air quality than is required with a comparably stringent 1-hour 
limit. Based on analyses described in Appendix B of its 2014 
SO2 Nonattainment Guidance, EPA expects that an emission 
profile with maximum allowable emissions under an appropriately set 
comparably stringent 30-day average limit is likely to have the net 
effect of having a lower number of exceedances and better air quality 
than an emission profile with maximum allowable emissions under a 1-
hour emission limit at the critical emission value. This result 
provides a compelling policy rationale for allowing the use of a longer 
averaging period, in appropriate circumstances where the facts indicate 
this result can be expected to occur.
    The question then becomes whether this approach, which is likely to 
produce a lower number of overall exceedances even though it may 
produce some unexpected exceedances above the critical emission value, 
meets the requirement in section 110(a)(1) and 172(c)(1) for SIPs to 
``provide for attainment'' of the NAAQS. For SO2, as for 
other pollutants, it is generally impossible to design a nonattainment 
plan in the present that will guarantee that attainment will occur in 
the future. A variety of factors can cause a well-designed attainment 
plan to fail and unexpectedly not result in attainment, for example if 
meteorology occurs that is more conducive to poor air quality than was 
anticipated in the plan. Therefore, in determining whether a plan meets 
the requirement to provide for attainment, EPA's task is commonly to 
judge not whether the plan provides absolute certainty that attainment 
will in fact occur, but rather whether the plan provides an adequate 
level of confidence of prospective NAAQS attainment. From this 
perspective, in evaluating use of a 30-day average limit, EPA must 
weigh the likely net effect on air quality. Such an evaluation must 
consider the risk that occasions with meteorology conducive to high 
concentrations will have elevated emissions leading to exceedances that 
would not otherwise have occurred, and must also weigh the likelihood 
that the requirement for lower emissions on average will result in days 
not having exceedances that would have been expected with emissions at 
the critical emissions value. Additional policy considerations, such as 
in this case the desirability of accommodating real world emissions 
variability without significant risk of violations, are also 
appropriate factors for EPA to weigh in judging whether a plan provides 
a reasonable degree of confidence that the plan will lead to 
attainment. Based on these considerations, especially given the high 
likelihood that a continuously enforceable limit averaged over as long 
as 30 days, determined in accordance with EPA's guidance, will result 
in attainment, EPA believes as a general matter that such limits, if 
appropriately determined, can reasonably be considered to provide for 
attainment of the 2010 SO2 NAAQS.
    The 2014 SO2 Nonattainment Guidance offers specific 
recommendations for determining an appropriate longer term average 
limit. The recommended method starts with determination of the 1-hour 
emission limit that would provide for attainment (i.e., the critical 
emission value), and applies an adjustment factor to determine the 
(lower) level of the longer term average emission limit that would be 
estimated to have a stringency comparable to the otherwise necessary 1-
hour emission limit. This method uses a database of continuous emission 
data reflecting the type of control that the source will be using to 
comply with the SIP emission limits, which (if compliance requires new 
controls) may require use of an emission database from another source. 
The recommended method involves using these data to calculate a 
complete set of emission averages, computed according to the averaging 
time and averaging procedures of the prospective emission limitation. 
In this recommended method, the ratio of the 99th percentile among 
these long term averages to the 99th percentile of the 1-hour values 
represents an adjustment factor that may

[[Page 50318]]

be multiplied by the candidate 1-hour emission limit to determine a 
longer term average emission limit that may be considered comparably 
stringent.\5\ The 2014 SO2 Nonattainment Guidance also 
addresses a variety of related topics, such as the potential utility of 
setting supplemental emission limits, such as mass-based limits, to 
reduce the likelihood and/or magnitude of elevated emission levels that 
might occur under the longer term emission rate limit. Preferred air 
quality models for use in regulatory applications are described in 
Appendix A of EPA's Guideline on Air Quality Models (40 CFR part 51, 
Appendix W).\6\ In 2005, EPA promulgated the American Meteorological 
Society/Environmental Protection Agency Regulatory Model (AERMOD) as 
the Agency's preferred near-field dispersion modeling for a wide range 
of regulatory applications addressing stationary sources (for example 
in estimating SO2 concentrations) in all types of terrain 
based on extensive developmental and performance evaluation. 
Supplemental guidance on modeling for purposes of demonstrating 
attainment of the SO2 standard is provided in Appendix A to 
the April 23, 2014 SO2 nonattainment area SIP guidance 
document referenced above. Appendix A provides extensive guidance on 
the modeling domain, the source inputs, assorted types of 
meteorological data, and background concentrations. Consistency with 
the recommendations in this guidance is generally necessary for the 
attainment demonstration to offer adequately reliable assurance that 
the plan provides for attainment.
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    \5\ For example, if the critical emission value is 1000 pounds 
of SO2 per hour, and a suitable adjustment factor is 
determined to be 70 percent, the recommended longer term average 
limit would be 700 pounds per hour.
    \6\ The EPA published revisions to the Guideline on Air Quality 
Models on January 17, 2017.
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    As stated previously, attainment demonstrations for the 2010 1-hour 
primary SO2 NAAQS must demonstrate future attainment and 
maintenance of the NAAQS in the entire area designated as nonattainment 
(i.e., not just at the violating monitor) by using air quality 
dispersion modeling (see Appendix W to 40 CFR part 51) to show that the 
mix of sources and enforceable control measures and emission rates in 
an identified area will not lead to a violation of the SO2 
NAAQS. For a short-term (i.e., 1-hour) standard, EPA believes that 
dispersion modeling, using allowable emissions and addressing 
stationary sources in the affected area (and in some cases those 
sources located outside the nonattainment area which may affect 
attainment in the area) is technically appropriate, efficient and 
effective in demonstrating attainment in nonattainment areas because it 
takes into consideration combinations of meteorological and emission 
source operating conditions that may contribute to peak ground-level 
concentrations of SO2.
    The meteorological data used in the analysis should generally be 
processed with the most recent version of AERMET. Estimated 
concentrations should include ambient background concentrations, should 
follow the form of the standard, and should be calculated as described 
in section 2.6.1.2 of the August 23, 2010 clarification memo on 
``Applicability of Appendix W Modeling Guidance for the 1-hr 
SO2 National Ambient Air Quality Standard'' (U. S. EPA, 
2010a).

IV. Pennsylvania's Attainment Plan Submittal for the Beaver Area

    In accordance with section 172(c) of the CAA, the Pennsylvania 
attainment plan for the Beaver Area includes: (1) An emissions 
inventory for SO2 for the plan's base year (2011); (2) an 
attainment demonstration including an analysis that locates, 
identifies, and quantifies sources of emissions contributing to 
violations of the 2010 SO2 NAAQS and a dispersion modeling 
analysis of an emissions control strategy for the primary remaining 
SO2 sources in the area and which also accounts for smaller 
sources within the Area in the background concentration, showing 
attainment of the SO2 NAAQS by the October 4, 2018 
attainment date; (3) a determination that the control strategy for the 
primary remaining SO2 sources within the nonattainment area 
constitutes RACM/RACT; (4) requirements for RFP toward attaining the 
SO2 NAAQS in the Area; (5) contingency measures; and (6) the 
assertion that Pennsylvania's existing SIP-approved NSR program meets 
the applicable requirements for SO2. The Pennsylvania 
attainment plan for the Beaver Area also includes the request that 
emission limitations and compliance parameters contained in a consent 
order with Bruce Mansfield and a consent order with Jewel be 
incorporated into the SIP.

V. EPA's Analysis of Pennsylvania's Attainment Plan for the Beaver Area

    Consistent with CAA requirements (see section 172), an attainment 
demonstration for a SO2 nonattainment area must show that 
the area will attain the 2010 SO2 NAAQS as expeditiously as 
practicable. The demonstration must also meet the requirements of 40 
CFR 51.112 and 40 CFR part 51, Appendix W, and include inventory data, 
modeling results, and emissions reductions analyses on which the state 
has based its projected attainment. EPA is proposing that the 
attainment plan submitted by Pennsylvania is sufficient, and EPA is 
proposing to approve the plan to ensure ongoing attainment.

A. Pollutants Addressed

    Pennsylvania's SO2 attainment plan evaluates 
SO2 emissions for the Area within the portion of Beaver 
County (Industry Borough, Shippingport Borough, Midland Borough, 
Brighton Township, Potter Township and Vanport Township) that is 
designated nonattainment for the 2010 SO2 NAAQS. There are 
no precursors to consider for the SO2 attainment plan. 
SO2 is a pollutant that arises from direct emissions, and 
therefore concentrations are highest relatively close to the sources 
and much lower at greater distances due to dispersion. Thus, 
SO2 concentration patterns resemble those of other directly 
emitted pollutants like lead, and differ from those of photochemically-
formed (secondary) pollutants such as ozone.

B. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the nonattainment 
area. These inventories provide detailed accounting of all emissions 
and emissions sources by precursor or pollutant. In addition, 
inventories are used in air quality modeling to demonstrate that 
attainment of the NAAQS is as expeditious as practicable. The 2014 
SO2 Nonattainment Guidance provides that the emissions 
inventory should be consistent with the Air Emissions Reporting 
Requirements (AERR) at Subpart A to 40 CFR part 51.\7\
---------------------------------------------------------------------------

    \7\ The AERR at Subpart A to 40 CFR part 51 cover overarching 
federal reporting requirements for the states to submit emissions 
inventories for criteria pollutants to EPA's Emissions Inventory 
System. EPA uses these submittals, along with other data sources, to 
build the National Emissions Inventory.
---------------------------------------------------------------------------

    For the base year inventory of actual emissions, a ``comprehensive, 
accurate and current'' inventory can be represented by a year that 
contributed to the three-year design value used for the original 
nonattainment designation. The 2014 SO2 Nonattainment 
Guidance notes that the base year inventory should include all sources 
of SO2 in the nonattainment area as well as any sources 
located outside the nonattainment area which may affect

[[Page 50319]]

attainment in the area. Pennsylvania appropriately elected to use 2011 
as the base year, as the Area was designated nonattainment with monitor 
data from 2009-2011. Actual emissions from all the sources of 
SO2 in the Beaver Area were reviewed and compiled for the 
base year emissions inventory requirement. One additional source 
located outside the area was included in the inventory due to its 
proximity to the Area. The source is IPSCO Koppel Tubular (Koppel) with 
2011 emissions of 130.42 tons per year (tpy). Table 1 shows the level 
of emissions, expressed in tpy, in the Beaver Area for the 2011 base 
year by emissions source category. The point source category includes 
all sources within the nonattainment area and one source (Koppel) just 
outside the area.

   Table 1--2011 Base Year SO2 Emissions Inventory for the Beaver Area
------------------------------------------------------------------------
                                                          SO2  Emissions
                Emission source category                       (tpy)
 
------------------------------------------------------------------------
Point...................................................      26,591.051
Area....................................................          29.784
Non-road................................................           0.111
On-road.................................................           1.530
                                                         ---------------
    Total...............................................      26,622.476
------------------------------------------------------------------------


                       Table 2--Point Source 2011
                Actual Sulfur Dioxide Emission Inventory
------------------------------------------------------------------------
                                                          SO2  Emissions
                        Facility                               (tpy)
 
------------------------------------------------------------------------
AES BEAVER VALLEY.......................................       3,085.634
BRUCE MANSFIELD.........................................      21,195.710
HORSEHEAD...............................................       2,014.920
IPSCO KOPPEL TUBULARS/KOPPEL *..........................         130.420
JEWEL...................................................         162.100
SHELL...................................................           0.000
All Other Point Sources Combined........................           2.267
                                                         ---------------
    Total...............................................      26,591.051
------------------------------------------------------------------------
* IPSCO KOPPEL TUBULARS/KOPPEL is not physically in the Beaver Area, but
  modeling shows it has a small impact on it. Another source located
  near the Area, Anchor Hocking/Monaca, which had 2011 SO2 emissions of
  26.068 tons, was also evaluated. Based on the modeling analysis,
  Anchor Hocking/Monaca does not have significant impacts in the Beaver
  Area and is not included in the inventory.

    A more detailed discussion of the emissions inventory for the 
Beaver Area can be found in Pennsylvania's September 29, 2017 
submittal, as well as, the emissions inventory Technical Support 
Document (TSD), which can be found under Docket ID No. EPA-R03-OAR-
2017-0681 and is available online at www.regulations.gov. EPA has 
evaluated Pennsylvania's 2011 base year emissions inventory for the 
Beaver Area and has made the determination that this inventory was 
developed consistently with section 172(c)(3) and EPA's guidance as 
discussed in detail in the inventory TSD. Therefore, EPA is proposing 
to approve Pennsylvania's 2011 base year emissions inventory for the 
Beaver Area.
    The attainment plan also provides for a projected attainment year 
inventory that includes estimated emissions for all emission sources of 
SO2 which are determined to impact the Beaver Area for the 
year in which the area is expected to attain the NAAQS. Pennsylvania 
provided a 2018 projected emissions inventory for all known sources 
included in the 2011 base year inventory and one additional source, 
Shell Chemical Appalachia LLC's recently permitted petrochemicals 
complex. This source will not start operation until after 2018 but has 
been included to provide assurance that the NAAQS will be attained and 
maintained notwithstanding commencement of its operation.
    The projected 2018 emissions are shown in Table 3 and Table 4. 
Projected allowable emissions for 2018 exceed the 2011 emissions 
inventory; however, projected actual emissions for 2018 are below the 
2011 emissions inventory. It should be noted that the sources most 
likely causing impacts at the previously violating monitor, including 
AES Beaver Valley and Horsehead, have closed or remain idled such as 
the Jewel Facility's Meltshop. The remaining primary SO2 
sources with their new allowable emissions may be above the total 2011 
actual emissions in the Area; however, the remaining primary sources 
were modeled using emissions above their new allowable emissions (as 
listed in Table 4) and demonstrate attainment as discussed subsequently 
in this Notice. SO2 impacts are very source specific and 
assumptions cannot be made merely related to the total amount of 
emissions in an area. Also, as discussed in the submittal, the 
projected actual emissions are based on business projections of 2018 
operations, and allowable maximum 2018 emissions are assuming that the 
plant is operating 8,760 hours per year and in compliance with the 
comparably stringent longer term average limit. The allowable maximum 
provides the worst-case emissions for the facilities versus the actual 
anticipated emissions which are based on typical operating hours and on 
projected business demand. In this case, the modeled maximum 
SO2 emissions were not set equal to the allowable maximum 
emissions, but were greater than the allowable maximum emissions. For 
Bruce Mansfield, the 2018 maximum modeled emissions were 45,038.226 
tpy. The 2018 modeled maximum emissions for Koppel and Shell were 306.6 
tpy and 22.0 tpy, respectively.
    Reductions in projected 2018 SO2 emissions in the 
onroad, nonroad and nonpoint source categories can be attributed to 
lower sulfur content limits for gasoline and diesel fuels for the 
onroad and nonroad sector, and more stringent sulfur content limits on 
home heating oil and other distillate/residual fuel oils for the 
nonpoint sector which limits are included in the Pennsylvania SIP. A 
detailed discussion of projected emissions for the Beaver Area can be 
found in Pennsylvania's September 29, 2017 submittal which can be found 
under Docket ID No. EPA-R03-OAR-2017-0681 and online at 
www.regulations.gov.

[[Page 50320]]



   Table 3--2018 Projected SO2 Emission Inventory for the Beaver Area
------------------------------------------------------------------------
                                                          SO2  emissions
                                                               (tpy)
                                          SO2  emissions     *includes
                                               (tpy)         allowable
        Emission source category            anticipated    emissions for
                                              actual         all point
                                                              sources
 
------------------------------------------------------------------------
Point...................................      14,679.771      32,420.050
Area....................................          22.586          22.586
Non-road................................           0.057           0.057
On-road.................................           0.590           0.590
                                         -------------------------------
    Total...............................      14,703.004      32,443.283
------------------------------------------------------------------------


   Table 4--2018 Projected Point Source Emissions for the Beaver Area
------------------------------------------------------------------------
                                                               2018
                                               2018         Anticipated
                Facility                  Allowable  Max    Actual SO2
                                            SO2  (tpy)         (tpy)
------------------------------------------------------------------------
AES BEAVER VALLEY.......................           0.000           0.000
BRUCE MANSFIELD.........................      32,245.560      14,542.309
HORSEHEAD...............................           0.000           0.000
IPSCO KOPPEL TUBULARS/KOPPEL *..........         149.500         133.472
JEWEL...................................           1.603           1.603
SHELL **................................          21.000           0.000
All Other Point Sources Combined........           2.387           2.387
                                         -------------------------------
    Total...............................      32,420.050      14,679.771
------------------------------------------------------------------------
* IPSCO KOPPEL TUBULARS/KOPPEL is not physically in the nonattainment
  area, but modeling shows it has a small impact on it. It is included
  in the 2011 base year and 2018 attainment year inventories.
** Shell does not anticipate startup to occur prior to the end of 2018.
  Annual emissions after startup are limited by the facility's Plan
  Approval to less than 21 tons SO2 per year.

C. Air Quality Modeling

    The SO2 attainment demonstration provides an air quality 
dispersion modeling analysis to demonstrate that control strategies 
chosen to reduce SO2 source emissions will bring the Area 
into attainment by the statutory attainment date of October 4, 2018. 
The modeling analysis, conducted pursuant to recommendations outlined 
in Appendix W to 40 CFR part 51 (EPA's Modeling Guidance), is used for 
the attainment demonstration to assess the control strategy for a 
nonattainment area and establish emission limits that will provide for 
attainment. The analysis requires five years of meteorological data to 
simulate the dispersion of pollutant plumes from multiple point, area, 
or volume sources across the averaging times of interest. The modeling 
demonstration typically also relies on maximum allowable emissions from 
sources in the nonattainment area. Though the actual emissions are 
likely to be below the allowable emissions, sources have the ability to 
run at higher production rates or optimize controls such that emissions 
approach the allowable emissions limits. A modeling analysis that 
provides for attainment under all scenarios of operation for each 
source must therefore consider the worst-case scenario of both the 
meteorology (e.g. predominant wind directions, stagnation, etc.) and 
the maximum allowable emissions. In this case, the modeled maximum 
SO2 emissions were greater than the allowable maximum 
SO2 emissions.
    PADEP's modeling analysis was developed in accordance with EPA's 
Modeling Guidance and the 2014 SO2 Nonattainment Guidance, 
and was prepared using EPA's preferred dispersion modeling system, 
AERMOD. A more detailed discussion of PADEP's modeling analysis for the 
Beaver Area can be found in Pennsylvania's September 29, 2017 submittal 
as well as the modeling TSD, which can be found under Docket ID No. 
EPA-R03-OAR-2017-0681 which is available online at www.regulations.gov.
    For its modeling demonstration, PADEP evaluated SO2 
emissions from the Bruce Mansfield Facility located in Shippingport 
Borough and potential SO2 emissions from Shell Chemical 
Appalachia LLC's (Shell Chemical Appalachia) planned petrochemicals 
complex to be located in Potter and Center Townships. SO2 
emissions from Koppel, located outside the Beaver Area were also 
included in the modeling. The Jewel Facility Meltshop was idled in 2015 
and its emissions were not included in the attainment modeling 
demonstration. To resume operation, the Meltshop must comply with a 
Consent Order and Agreement (COA) described in section D of this 
notice.
    EPA has reviewed the modeling that Pennsylvania submitted to 
support the attainment demonstration for the Beaver Area and has 
determined that this modeling is consistent with CAA requirements, 
Appendix W, and EPA's Guidance for SO2 attainment 
demonstration modeling. The modeling properly characterized source 
limits, local meteorological data, background concentrations, and 
provided an adequate model receptor grid to capture maximum modeled 
concentrations. Using the EPA conversion factor for the SO2 
NAAQS, the modeled design values for the Beaver Area are less than 75 
ppb as shown in Table 5 below.\8\ EPA's analysis of the modeling is 
discussed in

[[Page 50321]]

more detail in EPA's modeling TSD, which can be found under Docket ID 
No. EPA-R03-OAR-2017-0681. EPA proposes to conclude that the modeling 
provided in the attainment plan shows that the Beaver Area will attain 
the 2010 1-hour primary SO2 NAAQS by the attainment date and 
proposes to approve the attainment demonstration.
---------------------------------------------------------------------------

    \8\ The SO2 NAAQS level is expressed in ppb but 
AERMOD gives results in micrograms per meter cubed ([mu]g/m\3\). The 
conversion factor for SO2 (at the standard conditions 
applied in the ambient SO2 reference method) is 1ppb = 
approximately 2.619 [mu]g/m\3\. See Pennsylvania's SO2 
Round 3 Designations Proposed Technical Support Document at https://www.epa.gov/sites/production/files/2017-08/documents/35_pa_so2_rd3-final.pdf.
---------------------------------------------------------------------------

D. RACM/RACT

    CAA section 172(c)(1) requires that each attainment plan provide 
for the implementation of all RACM as expeditiously as practicable for 
attainment of the NAAQS. EPA interprets RACM, including RACT, under 
section 172, as measures that a state determines to be both reasonably 
available and contribute to attainment as expeditiously as practicable 
``for existing sources in the area.'' In addition, CAA section 
172(c)(6) requires plans to include enforceable emission limitations 
and control measures as may be necessary or appropriate to provide for 
attainment by the attainment date.
    Pennsylvania's September 29, 2017 submittal discusses federal and 
state measures that will provide emission reductions leading to 
attainment and maintenance of the 2010 SO2 NAAQS. With 
regards to state rules, Pennsylvania cites its low sulfur fuel rules, 
which were SIP-approved on July 10, 2014 (79 FR 39330). Pennsylvania's 
low sulfur fuel oil provisions apply to refineries, pipelines, 
terminals, retail outlet fuel storage facilities, commercial and 
industrial facilities, and facilities with units burning regulated fuel 
oil to produce electricity and domestic home heaters. These low sulfur 
fuel oil rules reduce the amount of sulfur in fuel oils used in 
combustion units, thereby reducing SO2 emissions and the 
formation of sulfates that cause decreased visibility.
    Pennsylvania's attainment plan submittal discusses facility 
closures and facility-specific control measures. Pennsylvania's 
submittal indicates that two of the three largest sources in the Beaver 
Area were permanently shut down prior to January 2, 2017. The Horsehead 
facility closed in the spring of 2014 and has been demolished. AES 
Beaver Valley was a coal fired power plant that permanently shut down 
in the fall of 2015. Appendix A of the state submittal includes PADEP's 
approval letters of Emission Reduction Credits for these facilities 
which indicate permanent facility closure. The Jewel Facility is 
currently idled and has agreed in a Consent Order and Agreement with 
PADEP that its Meltshop cannot emit any SO2 emissions unless 
additional modeling is done to support attainment and new 
SO2 emissions limitations are established for the SIP as 
necessary. This restriction is established in a COA (see Appendix C of 
the September 29, 2017 submittal) between PADEP and the Jewel Facility 
which PADEP seeks to have incorporated by reference into the SIP, 
thereby making it permanently federally enforceable under the CAA. In 
addition to these actual emission reductions in the Area of 5,100.554 
tpy, new SO2 emission limits were developed through air 
dispersion modeling (AERMOD) submitted by PADEP as discussed below, and 
in section IV.C. Air Quality Modeling of this proposed rulemaking as 
well as in the modeling TSD.
    In order to ensure that the Beaver Area demonstrates attainment 
with the SO2 NAAQS, PADEP asserts that the following 
combination of emission limits at the Bruce Mansfield Facility are 
sufficient for the Beaver Area to meet the SO2 NAAQS and 
serve as RACM/RACT. For the Bruce Mansfield Facility, the new emission 
limits are established in a COA (see Appendix C of the September 29, 
2017 submittal) between PADEP and FirstEnergy for the Bruce Mansfield 
Facility, which PADEP has also submitted for incorporation into the SIP 
as permanently federally enforceable limits under the CAA.
    The Facility's SO2 emission sources include three coal-
fired boilers (Unit 1, Unit 2, and Unit 3) that were included in the 
air dispersion modeling. The SO2 emissions from each of the 
three boilers are controlled by three individual Flue Gas 
Desulfurization (FGD) systems. Unit 1 and Unit 2 each vent through two 
flues within a common stack. Unit 3 vents through two flues in the 
other stack. To demonstrate compliance with the 2010 1-hour 
SO2 NAAQS, FirstEnergy requested that the Unit 1 and Unit 2 
combined emission limit be established as a function of the Unit 3 
emission limit. On and after October 1, 2018, FirstEnergy shall begin 
calculating a pound per hour (lb/hr) 30-operating day rolling average 
SO2 emission rate for Unit 1 (Source ID 031) and Unit 2 
(Source ID 032) from Chimney 1 (Stacks S01-S04), and a lb/hr 30-
operating day rolling average SO2 emission rate for Unit 3 
(Source ID 033) from Chimney 2 (Stacks S05 and S06), using data from 
the PADEP-certified Continuous Emission Monitoring Systems (CEMS) at 
the Bruce Mansfield Facility. The 30-operating day rolling average 
SO2 emissions rates shall be calculated using the procedures 
outlined in the Mercury and Air Toxics Standards (MATS) regulations in 
40 CFR parts 60 and 63. The 30-operating day rolling average 
SO2 emissions rate for Units 1 and 2 cannot exceed the 
result of equation one (EQ-1), below, with Chimney 1 (CH1) and Chimney 
2 (CH2) in service, calculated daily. In addition, the 30-operating day 
rolling average emissions rate cannot exceed 7,362 lb/hr for Units 1 
and 2 combined. The 30-operating day rolling average SO2 
emissions rate cannot exceed 3,584 lb/hr for Unit 3. The results of EQ-
1 are only valid when Unit 3 emissions are less than or equal to 3,584 
lb/hr.

EQ-1: CH1SO2 Lim = -1.38E-04 x CH2SO2\2\ - 0.920 
x CH2SO2 + 7100

Where:

CH1SO2 Lim: Chimney 1 SO2 lb/hr 30-day rolling 
average Limit
CH1SO2 Lim <=7,362 lb/hr
CH2SO2: Chimney 2 SO2 lb/hr 30-day rolling 
average.
CH2SO2 <=3,584 lb/hr

    Also, FirstEnergy is required by the COA to use its PADEP-certified 
CEMS to demonstrate compliance with the new emission restrictions as 
detailed in the COA (Paragraph 3.a. of the COA). In accordance with the 
current version of PADEP's Continuous Source Monitoring Manual, 
FirstEnergy is required by the COA to continue to provide quarterly 
reports of emissions data as recorded by the CEMS to PADEP.
    Additionally, FirstEnergy shall achieve as detailed in the COA at 
least a 95% removal efficiency from the FGDs following the general 
requirements contained in 25 Pa. Code Chapter 139.11. FirstEnergy shall 
annually test for removal efficiency of the FGDs by using a combination 
of CEMS data and coal sampling in accordance with the procedures 
outlined in 40 CFR part 60, Appendix A, Method 19. Three test runs 
shall be conducted concurrently in the two flues that feed each unit 
during the annual tests. Each test run shall be a minimum of sixty 
minutes in duration. A report of the efficiency test shall be provided 
annually to PADEP. The first report shall be submitted within one (1) 
year of the final execution of this COA and annually thereafter. 
FirstEnergy shall maintain records of the operation of and emissions 
monitoring from the FGDs, including the annual efficiency report.
    The auxiliary boilers located at the Bruce Mansfield Facility are 
limited by an existing federally enforceable operating permit to a 
capacity factor of less than 5% in any 12-consecutive month period. 
PADEP stated this existing federally enforceable limitation has reduced 
the potential to emit SO2 to levels at which additional 
SO2 controls are not feasible. Thus PADEP concluded the 
permit restrictions are RACM and no

[[Page 50322]]

further control is needed from these auxiliary boilers for the Area to 
attain the NAAQS or to reflect RACT from these boilers. EPA finds 
Pennsylvania's conclusion for the auxiliary boilers reasonable given 
the existing permit limitations and low potential to emit 
SO2.
    Operating restrictions are also placed on the Jewel Facility as 
RACM/RACT. To ensure that the Beaver Area will demonstrate attainment 
with the 2010 1-hour SO2 NAAQS, the Jewel Facility has 
agreed to conditions in a COA which specifies zero SO2 
emissions from the Meltshop, which is the Jewel Facility Source ID 106. 
Other SO2 emission sources at the facility were addressed in 
the modeling analysis as part of the ``background'' sources as 
discussed in section V. C. of this notice. The COA also requires 
additional modeling and SO2 emission limitations for the SIP 
as necessary to assure attainment before the Jewel Facility would be 
able to operate the Meltshop. EPA is proposing here to approve the 
requirement for zero emissions from the Meltshop as RACM/RACT; any 
authorization of nonzero emissions from this Meltshop source would need 
to be subject to EPA review as a SIP revision with required modeling 
analysis showing continued attainment of the NAAQS.
    Based on the modeling analysis discussed in section V.C. Air 
Quality Modeling above, the collective emission limits and related 
compliance parameters for the Bruce Mansfield Facility, along with the 
operating restrictions at the Jewel Facility, have been proposed as 
RACM/RACT and for incorporation into the SIP, therefore making them 
federally enforceable. PADEP asserts that this proposed control 
strategy as demonstrated by the modeling analysis is sufficient for the 
Beaver Area to attain the 2010 SO2 NAAQS.
    To establish the emission limit equation (EQ-1) described earlier 
in this section, Pennsylvania conducted a modeling analysis that 
included eleven modeling runs, supplemented with six additional 
modeling runs performed by FirstEnergy, to determine the range of 
emission rates for the three Units at the Bruce Mansfield Facility that 
provide for attainment. In each of these runs, the model demonstrates 
that the respective set of hourly emissions would result in the 5-year 
average of the 99th percentile of daily maximum hourly SO2 
concentrations below the level of the 1-hour NAAQS. The modeling 
results are presented in Table 5.

 Table 5--Summary of Air Dispersion Modeling Results for FirstEnergy Bruce Mansfield 1-Hour SO2 Modeled Emission
                                                     Values
----------------------------------------------------------------------------------------------------------------
                                                                                                      Maximum
                                                                                                      modeled
                                                                   Unit 1 & unit      Unit 3        1[dash]hour
                            Model run                             2 combined  1-    1[dash]hour     SO2 design
                                                                   hour SO2 rate   SO2 rate (lb/   concentration
                                                                      (lb/hr)           hr)         ([micro]g/
                                                                                                       m\3\)
----------------------------------------------------------------------------------------------------------------
1...............................................................       10,282.70            0.00       196.17563
2...............................................................        9,254.43          761.19       196.18089
3...............................................................        8,226.16        1,482.72       196.17966
1FE *...........................................................        7,484.24        2,006.14       196.18033
4...............................................................        7,197.89        2,206.62       196.17977
2FE *...........................................................        6,765.97        2,507.57       196.14426
5...............................................................        6,169.62        2,885.44       196.18044
3FE *...........................................................        5,952.47        3,009.17       196.07897
6...............................................................        5,141.35        3,469.90       196.17912
4FE *...........................................................        5,051.66        3,510.68       196.11106
7...............................................................        4,113.08        3,985.46       196.17974
5FE *...........................................................        4,015.93        4,012.20       196.04158
8...............................................................        3,084.81        4,407.53       196.18032
6FE *...........................................................        2,857.18        4,513.72       196.10031
9...............................................................        2,056.54        4,743.88       196.18082
10..............................................................        1,028.27        4,956.43       196.18081
11..............................................................            0.00        5,041.58       196.17832
----------------------------------------------------------------------------------------------------------------
* FirstEnergy model run.

    FirstEnergy developed adjustment factors to convert the 1-hour 
emission rates (Table 5) to comparably stringent 30-operating day 
emission rates for each unit at the Bruce Mansfield Facility. To do 
this, historic operating data for 2012-2016 from EPA's Clean Air 
Markets Database (CAMD) were used in accordance with the methods EPA 
recommended in Appendix C and Appendix D of EPA's 2014 SO2 
Nonattainment Guidance. The SO2 emission limit adjustment 
factor was calculated as 0.59 for Unit 1, 0.717 for Unit 2, and 0.794 
for Unit 3. The adjustment factor for Unit 2 was applied to Unit 1 as 
First Energy deemed it a more representative correction factor for Unit 
1. It was noted in Pennsylvania's submittal that Unit 2's hourly 
emissions have a tendency to be higher more frequently than Unit 1. 
Given this fact, Pennsylvania asserted that applying the adjustment 
factor developed for Unit 2 (higher frequency of higher emissions) to 
Unit 1 will continue to protect the NAAQS. EPA's SO2 
Nonattainment Guidance allows for using a unit more representative of 
planned operations going forward under the newly established emission 
limits stating ``. . . data from other sources of comparable source 
type, size, operation, fuel, and control type may be more useful for 
these comparisons.'' In addition, Unit 2's adjustment factors of 0.717 
is very similar to the average adjustment factor for 30-day emission 
values (0.71) listed in Appendix D of EPA's SO2 
Nonattainment Guidance for sources with wet scrubbers (the same control 
technology that Unit 1 and 2 have in place). For these reasons, EPA 
believes it is appropriate to utilize 0.717 as the adjustment factor 
for Unit 1.
    The unit specific adjustment factors (0.717 for Units 1 and 2, and 
0.794 for Unit 3) were multiplied by the 1-hour modeled emission rates 
shown in Table 5, resulting in the corresponding 30-day average 
emission rates shown in

[[Page 50323]]

columns three and five in Table 6. These corresponding 30-day average 
emission rates show a series of 30-day average limits for Units 1 and 2 
combined emissions and for Unit 3 emissions, respectively. Pennsylvania 
then determined an equation (EQ-1), identified above, that can be used 
to interpolate additional combinations of emissions that would also 
result in attainment.
    Table 6 addresses the relationship between the modeling results and 
Pennsylvania's emission limit in particular addressing whether the 
modeling demonstrates that Pennsylvania's compliance equation provides 
for attainment throughout the range of possible combinations of 
allowable emissions. For each model run, Table 6 shows the modeled 
emission rates for Units 1 + 2 (reflecting the sum of emissions from 
the two units) and for Unit 3, along with the corresponding 30-day 
average emission rates. EPA calculated the sixth column of Table 6 by 
plugging in the Unit 3 30-day average emission rates (from the fifth 
column, Table 6) into the equation, and determining the limit for Units 
1 and 2. In three cases, the entry in the sixth column is 
``Disallowed,'' because the emission rate for Unit 3 is higher than the 
30-operating day average limit (3,584 lbs/hr) that independently 
applies to Unit 3. An important feature of Table 6 is that the limit on 
the sum of emissions from Units 1 and 2 computed using the equation 
(EQ-1), in all cases is lower than the 30-day average sum of Units 1 
and 2 emissions that was calculated as comparably stringent to the 
modeled 1-hour sum of Units 1 and 2 emissions. For a full range of 
cases, Pennsylvania demonstrated that its equation required a level of 
emissions that is lower than the level (adjusted to reflect comparable 
stringency) demonstrated to result in attainment. In other words, the 
equation (EQ-1) used to calculate the 30-day average limits is slightly 
more stringent than the comparably stringent adjusted 30-day average 
limits. By this means, Pennsylvania demonstrated that the compliance 
equation that it adopted, supplemented by independent limits on the 
emissions of Unit 3 and on the sum of emissions from Units 1 and 2, 
provides for attainment.

                     Table 6--FirstEnergy Bruce Mansfield 30-Day Average SO2 Emission Limits
----------------------------------------------------------------------------------------------------------------
                                                                                                 30-day average
                                                                                                 SO2 limit for
                                   Modeled      Corresponding                   Corresponding  units 1 + 2 based
                                emissions for  30-day average      Modeled     30-day average  on 30-day average
          Model run              units 1 + 2    emissions for   emissions for   emissions for    equivalent to
                                   (lb/hr)       units 1 + 2   unit 3 (lb/hr)  unit 3 (lb/hr)    modeled unit 3
                                                 (lb/hr) **                          **        emissions (lb/hr)
                                                                                                      ***
----------------------------------------------------------------------------------------------------------------
1............................       10,282.70        7,372.70            0.00            0.00             7100.0
2............................        9,254.43        6,635.43          761.19          604.38             6493.6
3............................        8,226.16        5,898.16        1,482.72        1,177.28             5825.6
1FE *........................        7,484.24        5,366.20        2,006.14        1,592.88             5284.4
4............................        7,197.89        5,160.89        2,206.62        1,752.06             5064.5
2FE *........................        6,765.97        4,851.20        2,507.57        1,991.01             4721.2
5............................        6,169.62        4,323.62        2,885.44        2,291.04             4267.9
3FE *........................        5,952.47        4,267.92        3,009.17        2,389.28             4114.1
6............................        5,141.35        3,686.35        3,469.90        2,755.10             3517.8
4FE *........................        5,051.66        3,622.04        3,510.68        2,787.48             3463.3
7............................        4,113.08        2,949.08        3,985.46        3,164.46             2806.8
5FE *........................        4,015.93        2,879.42        4,012.20        3,185.69             2768.7
8............................        3,084.81        2,211.81        4,407.53        3,499.58             2190.3
6FE *........................        2,857.18        2,048.60        4,513.72        3,583.89             2030.3
9............................        2,056.54        1,474.54        4,743.88        3,766.64         Disallowed
10...........................        1,028.27          737.27        4,956.43        3,935.41         Disallowed
11...........................            0.00            0.00        5,041.58        4,003.01         Disallowed
----------------------------------------------------------------------------------------------------------------
* FirstEnergy model run.
** Corresponding 30-day average emission rates were calculated by multiplying the modeled 1-hour emission rates
  from Table 5 by PADEP's adjustment ratios (0.717 for Units 1 and 2; 0.794 for Unit 3).
*** The limit that would result from the compliance equation (EQ-1) using the Unit 3 30-operating day average
  emission rate that corresponds to the modeled 1-hour rate (from fifth column of this table).

    EPA's guidance for longer term average limits states that plans 
based on such limits can be considered to provide for attainment where 
appropriate as long as the longer term limit is comparably stringent to 
the 1-hour limit that would otherwise be set, and as long as EPA can 
have reasonable confidence that occasions of emissions above the CEV 
will be limited in frequency and magnitude. To address this latter 
criterion, Pennsylvania has provided an analysis of historic emissions, 
assessing the frequency of elevated emissions. This analysis used 2012-
2016 CAMD data. Pennsylvania established a limit based on an equation 
involving the emissions from multiple units. The equation was derived 
from the modeled CEV values (from Table 5). These values were used to 
develop a polynomial equation which was plotted on a graph and compared 
to the 2012-2016 CAMD data. This comparison demonstrates that during 
2012-2016, the Bruce Mansfield Facility only exceeded the 1 hour 
emissions formula for 0.50% of the hours.\9\ PADEP's CEV analysis is

[[Page 50324]]

provided in an excel spreadsheet in the Docket at www.regulations.gov.
---------------------------------------------------------------------------

    \9\ Appendix E-1 of Pennsylvania's September 29, 2017 submittal 
included a statement that ``[p]rior to the implementation of the new 
emissions limits associated with the 2010 standard, the occasions 
when emissions have exceeded the proposed CEVs have been relatively 
few. In fact, it has only occurred 13% of the time during the period 
of 2012-2016.'' Pennsylvania submitted a correction to this 
statement and the corresponding emissions analysis on June 11, 2018 
via email which is included in Docket ID No. EPA-R03-OAR-2017-0681. 
EPA has reviewed the correction and agrees with the assessment.
---------------------------------------------------------------------------

    Accordingly, EPA believes that PADEP has demonstrated that its 
limit for the Bruce Mansfield facility will assure that occasions of 
emissions exceeding critical levels will be limited. More generally, 
EPA believes that PADEP has met EPA's recommended criteria for longer 
term average limits and believes that the emission limits proposed by 
PADEP for the Bruce Mansfield Facility will provide reasonable 
assurance that the Area will attain the standard.
    Additional information on the development of the adjustment factor 
and limits, including statistical analyses performed to develop the 
limits in accordance with the 2014 SO2 Nonattainment 
Guidance, can be found in Section IV: Control Strategies and in 
Appendices D and E of the Pennsylvania attainment plan submittal of 
September 29, 2017. These adjustment factors are reasonably consistent 
with the average adjustment factor identified in Appendix D of the 2014 
SO2 Nonattainment Guidance for units controlled with wet 
FGDs (an adjustment factor of 0.71). EPA reviewed the modeling which 
shows the Beaver Area attaining the NAAQS with these limits at the 
Bruce Mansfield Facility and reviewed the methodology used to develop 
the 30-operating day limits and agrees that the limits are reasonable 
and follow EPA's 2014 SO2 Nonattainment Guidance. EPA is 
proposing to approve the emission limits for the Bruce Mansfield 
Facility Units 1, 2 and 3 as representing RACM/RACT.
    EPA finds that the proposed SO2 control strategy at the 
Bruce Mansfield Facility and Jewel Facility, the only remaining 
significant SO2 sources in the Area after the closure of 
Horsehead and AES Beaver Valley, constitute RACM/RACT for sources in 
the Beaver Area based on the modeling analysis previously described 
which demonstrates the Beaver Area is projected to attain the 
SO2 NAAQS by the 2018 attainment date. Furthermore, with our 
final approval of Pennsylvania's attainment plan, the emission limits 
described for the three units at the Bruce Mansfield Facility and 
corresponding compliance parameters found in the COA for the Bruce 
Mansfield Facility as well as the operating restrictions on the Jewel 
Facility will become permanent and enforceable SIP measures to meet the 
requirements of the CAA. EPA proposes that Pennsylvania has satisfied 
the requirements in CAA sections 172(c)(1) and 172(c)(6) to adopt and 
submit all RACM and enforceable emission limitations and control 
measures as needed to attain the standard as expeditiously as 
practicable.

E. RFP Plan

    Section 172(c)(2) of the CAA requires that an attainment plan 
includes a demonstration that shows reasonable further progress (i.e., 
RFP) for meeting air quality standards will be achieved through 
generally linear incremental improvement in air quality. Section 171(1) 
of the CAA defines RFP as ``such annual incremental reductions in 
emissions of the relevant air pollutant as are required by this part 
(part D) or may reasonably be required by EPA for the purpose of 
ensuring attainment of the applicable NAAQS by the applicable 
attainment date.'' As stated originally in the 1994 SO2 
Guidelines Document \10\ and repeated in the 2014 SO2 
Nonattainment Guidance, EPA continues to believe that this definition 
is most appropriate for pollutants that are emitted from numerous and 
diverse sources, where the relationship between particular sources and 
ambient air quality are not directly quantified. In such cases, 
emissions reductions may be required from various types and locations 
of sources. The relationship between SO2 and sources is much 
more defined, and usually there is a single step between pre-control 
nonattainment and post-control attainment. Therefore, EPA interpreted 
RFP for SO2 as adherence to an ambitious compliance schedule 
in both the 1994 SO2 Guideline Document and the 2014 
SO2 Nonattainment Guidance. The control measures for 
attainment of the 2010 SO2 NAAQS included in Pennsylvania's 
submittal have been modeled to achieve attainment of the NAAQS. The 
SO2 emission reductions from the permanent shutdowns at 
Horsehead and AES Beaver Valley along with the COAs including specific 
emission limits and compliance parameters which are effective at the 
Bruce Mansfield Facility on October 1, 2018, and operating restrictions 
on the Jewel Facility effective on October 1, 2018, show the resulting 
emission reductions to be achieved as expeditiously as practicable for 
the Area. EPA guidance recommends a compliance date of January 1, 2017 
for purposes of providing for a calendar year of meeting the standard, 
however in this plan some sources in the area did not have any 
emissions for several years while other sources still in operation such 
as the Bruce Mansfield and Jewel facilities will have new limits 
effective October 1, 2018. However, air quality data in this area has 
shown attainment of the NAAQS since 2015. Also based on air quality 
modeling reviewed by EPA, the new limits and shutdowns result in 
modeled attainment of the SO2 NAAQS for the Beaver Area. 
Therefore, EPA has determined that PADEP's SO2 attainment 
plan for the Beaver Area fulfills the RFP requirements for the Area. 
EPA does not anticipate future nonattainment, or that the Area will not 
meet the October 4, 2018 attainment date. EPA proposes to approve 
Pennsylvania's attainment plan with respect to the RFP requirements.
---------------------------------------------------------------------------

    \10\ SO2 Guideline Document, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, NC 27711, EPA-452/R-94-008, February 1994. 
Located at: http://www.epa.gov/ttn/oarpg/t1pgm.html.
---------------------------------------------------------------------------

F. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency 
measures are required as additional measures to be implemented in the 
event that an area fails to meet the RFP requirements or fails to 
attain the standard by its attainment date. These measures must be 
fully adopted rules or control measures that can be implemented quickly 
and without additional EPA or state action if the area fails to meet 
RFP requirements or fails to meet its attainment date, and should 
contain trigger mechanisms and an implementation schedule. However, 
SO2 presents special considerations. As stated in the final 
2010 SO2 NAAQS promulgation on June 22, 2010 (75 FR 35520) 
and in the 2014 SO2 Nonattainment Guidance, EPA concluded 
that because of the quantifiable relationship between SO2 
sources and control measures, it is appropriate that state agencies 
develop a comprehensive program to identify sources of violations of 
the SO2 NAAQS and undertake an aggressive follow-up for 
compliance and enforcement.
    The Bruce Mansfield Facility COA (see Appendix C of the September 
29, 2017 submittal) contains the following measures that are designed 
to keep the Area from triggering an exceedance or violation of the 
SO2 NAAQS: (1) If the SO2 emissions from Units 1, 
2 or 3 exceed 99% of the limits set forth in paragraph 3A of the COA, 
FirstEnergy shall, within 48 hours, begin a full system audit of Units 
1, 2, and 3 SO2 controls. The audit shall document the 
operating parameters of the sources and their control devices and 
evaluate whether the units and control devices were operating 
effectively. If the units and/or control devices were not operating 
effectively, FirstEnergy shall

[[Page 50325]]

identify corrective actions to be implemented to ensure that the limits 
in Paragraph 3(a) of the COA are not exceeded. Only one audit in a 
seven operating day period is required if SO2 emissions from 
Units 1, 2, and 3 exceed 99% of the limits in Paragraph 3(a) of the 
COA. The audit shall be documented and records maintained on site, and 
a report documenting the audit provided to PADEP within 45 days of 
completing the audit. (2) At any time after October 1, 2018, if any 
PADEP SO2 monitor within the Beaver Area measures a 1-hour 
concentration exceeding 75 ppb, PADEP will notify the Jewel Facility, 
Koppel, Shell, and FirstEnergy in writing. A 1-hour SO2 
concentration that exceeds 75 ppb at any PADEP SO2 monitor 
in the Beaver Area will be a ``daily exceedance.'' FirstEnergy shall 
identify whether Unit 1, Unit 2, and/or Unit 3 were running at the time 
of the exceedance and within a reasonable time period leading up to the 
exceedance. If Unit 1, Unit 2, and/or Unit 3 were running at the time 
of the exceedance, and within a reasonable time period leading up to 
the exceedance, FirstEnergy shall perform an analysis of meteorological 
data on the day the daily exceedance occurred to ensure that the daily 
exceedance was not due to SO2 emissions from that source. 
The meteorological data analysis may include trajectories run at three 
different heights (one at stack height and two more within the boundary 
layer) by NOAA's Hysplit program or an equivalent program, hourly 
meteorological data collected at the FirstEnergy Beaver Valley nuclear 
power station to determine stability parameters within the river 
valley, and/or an analysis of Pittsburgh International Airport's 
radiosonde data and modeled upper air data. The overall goal of the 
meteorological data analysis is to investigate if emissions from the 
source could have potentially mixed down to the SO2 monitor 
measuring the exceedance. The source's finding must be submitted in 
writing to PADEP within 45 days of PADEP notifying FirstEnergy. These 
measures will be incorporated into the Pennsylvania SIP upon EPA's 
final approval of this attainment plan.
    There is also one contingency measure pertaining to the Jewel 
Facility. According to the COA with the facility, if the Jewel Facility 
Meltshop is reactivated and if any of PADEP's monitors in the Beaver 
Area measure a 1-hour SO2 concentration of 75 ppb or 
greater, PADEP will notify the Jewel Facility both verbally and in 
writing. The Jewel Facility shall notify PADEP of the operational 
status of the Meltshop within 10 days of the notice.
    Additionally, PADEP states in its attainment plan that if PADEP 
identifies a 1-hour daily maximum concentration at a PADEP operated 
SO2 ambient air quality monitor in the Beaver Area that 
registers a concentration exceeding 75 ppb, PADEP would proceed with 
the following actions and enforcement as appropriate: (1) Within 5 
business days, the PADEP Bureau of Air Quality Monitoring Division will 
contact the Air Resource Management Division Chief and the Southwest 
Regional Office (SWRO) Air Program Manager to report the monitored 
value. (2) Within 5 business days, SWRO staff will contact FirstEnergy 
and the Jewel Facility, if reactivated, to trigger the implementation 
of their contingency measures found in the COAs. If necessary, section 
4(27) of the Pennsylvania Air Pollution Control Act (APCA), 35 P.S. 
Sec.  4004(27), authorizes PADEP to take any action it deems necessary 
or proper for the effective enforcement of the APCA and the rules and 
regulations promulgated under the APCA. Such actions include the 
issuance of orders (i.e., enforcement orders and orders to take 
corrective action to address air pollution or the danger of air 
pollution from a source) and the assessment of civil penalties. A more 
detailed description of the contingency measures can be found in 
section VIII of the September 27, 2017 submittal as well as in the COAs 
included in the submittal and included for incorporation by reference 
into the SIP.
    EPA is proposing to find that Pennsylvania's September 29, 2017 
submittal includes sufficient measures to expeditiously identify the 
source of any violation of the SO2 NAAQS and for aggressive 
follow-up including enforcement measures within PADEP's authority under 
the APCA as necessary. Therefore, EPA proposes that the contingency 
measures submitted by Pennsylvania follow the 2014 SO2 
Nonattainment Guidance and meet the section 172(c)(9) requirements.

G. New Source Review \11\
---------------------------------------------------------------------------

    \11\ The CAA new source review (NSR) program is composed of 
three separate programs: Prevention of significant deterioration 
(PSD), Nonattainment NSR (NNSR), and Minor NSR. PSD is established 
in part C of title I of the CAA and applies in undesignated areas 
and areas that meet the NAAQS-- designated ``attainment areas''--as 
well as areas where there is insufficient information to determine 
if the area meets the NAAQS--designated ``unclassifiable areas.'' 
The NNSR program is established in part D of title I of the CAA and 
applies in areas that are not in attainment of the NAAQS --
``nonattainment areas.'' The Minor NSR program addresses 
construction or modification activities that do not qualify as 
``major'' and applies regardless of the designation of the area in 
which a source is located. Together, these programs are referred to 
as the NSR programs. Section 173 of the CAA lays out the NNSR 
program for preconstruction review of new major sources or major 
modifications to existing sources, as required by CAA section 
172(c)(5). The programmatic elements for NNSR include, among other 
things, compliance with the lowest achievable emissions rate and the 
requirement to obtain emissions offsets.
---------------------------------------------------------------------------

    Section 172(c)(5) of the CAA requires that an attainment plan 
require permits for the construction and operation of new or modified 
major stationary sources in a nonattainment area. Pennsylvania has a 
fully implemented Nonattainment New Source Review (NNSR) program for 
criteria pollutants in 25 Pennsylvania Code Chapter 127, Subchapter E, 
which was originally approved into the Pennsylvania SIP on December 9, 
1997 (62 FR 64722). On May 14, 2012 (77 FR 28261), EPA approved a SIP 
revision pertaining to the pre-construction permitting requirements of 
Pennsylvania's NNSR program to update the regulations to meet EPA's 
2002 NSR reform regulations. EPA then approved an update to 
Pennsylvania's NNSR regulations on July 13, 2012 (77 FR 41276). These 
rules provide for appropriate new source review as required by CAA 
sections 172(c)(5) and 173 and 40 CFR 51.165 for SO2 sources 
undergoing construction or major modification in the Beaver Area 
without need for modification of the approved rules. Therefore, EPA 
concludes that the Pennsylvania SIP meets the requirements of section 
172(c)(5) for this Area.

VI. EPA's Proposed Action

    EPA is proposing to approve Pennsylvania's SIP revision, its 
attainment plan for the Beaver Area, as submitted through PADEP to EPA 
on September 29, 2017, for the purpose of demonstrating attainment of 
the 2010 1-hour SO2 NAAQS. Specifically, EPA is proposing to 
approve the base year emissions inventory, a modeling demonstration of 
SO2 attainment, an analysis of RACM/RACT, an RFP plan, and 
contingency measures for the Beaver Area and is proposing that the 
Pennsylvania SIP has met requirements for NSR for the 2010 1-hour 
SO2 NAAQS. Additionally, EPA is proposing to approve into 
the Pennsylvania SIP specific SO2 emission limits and 
compliance parameters and control measures established for the 
SO2 sources impacting the Beaver Area.
    EPA has determined that Pennsylvania's SO2 attainment 
plan for the 2010 1-hour SO2 NAAQS for Beaver

[[Page 50326]]

County meets the applicable requirements of the CAA and EPA's 2014 
SO2 Nonattainment Guidance. Thus, EPA is proposing to 
approve Pennsylvania's attainment plan for the Beaver Area as submitted 
on September 29, 2017. EPA's analysis for this proposed action is 
discussed in Section V of this proposed rulemaking. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action. Final approval 
of this SIP submittal will remove EPA's duty to promulgate and 
implement a FIP for this Area.

VII. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text in a 
final rule that includes incorporation by reference. In accordance with 
requirements of 40 CFR 51.5, EPA is proposing to incorporate by 
reference the portions of the COAs entered between Pennsylvania and 
FirstEnergy and Pennsylvania and Jewel included in the PADEP submittal 
of September 29, 2017 that are not redacted. This includes emission 
limits and associated compliance parameters, recording-keeping and 
reporting, and contingency measures. EPA has made, and will continue to 
make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VIII. Statutory and Executive Order Reviews

    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 proposed 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 proposed rule, concerning the SO2 
attainment plan for the Beaver nonattainment area in Pennsylvania, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping requirements, Sulfur oxides.

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

    Dated: September 24, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-21667 Filed 10-4-18; 8:45 am]
BILLING CODE 6560-50-P



                                                 50314                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 www.regulations.gov and in hard copy                    or in any other area where EPA or an                  (RACT) and reasonably available control
                                                 at the EPA Region 6 office.                             Indian tribe has demonstrated that a                  measure (RACM) requirements, a
                                                                                                         tribe has jurisdiction. In those areas of             reasonable further progress (RFP) plan,
                                                 VI. Statutory and Executive Order
                                                                                                         Indian country, the proposed rule does                a modeling demonstration of SO2
                                                 Reviews
                                                                                                         not have tribal implications and will not             attainment, contingency measures for
                                                    Under the Act, the Administrator is                  impose substantial direct costs on tribal             the Beaver Area, and Pennsylvania’s
                                                 required to approve a SIP submission                    governments or preempt tribal law as                  new source review (NSR) permitting
                                                 that complies with the provisions of the                specified by Executive Order 13175 (65                program. As part of approving the
                                                 Act and applicable Federal regulations.                 FR 67249, November 9, 2000).                          attainment plan, EPA is also proposing
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                           to approve into the Pennsylvania SIP
                                                 Thus, in reviewing SIP submissions,                     List of Subjects in 40 CFR Part 52
                                                                                                                                                               new SO2 emission limits and associated
                                                 EPA’s role is to approve state choices,                   Environmental protection, Air                       compliance parameters for the
                                                 provided that they meet the criteria of                 pollution control, Hydrocarbons,                      FirstEnergy Generation, LLC
                                                 the Act. Accordingly, this action merely                Incorporation by reference,                           (FirstEnergy) Bruce Mansfield Power
                                                 proposes to approve state law as                        Intergovernmental relations, Reporting                Station (Bruce Mansfield Facility) and a
                                                 meeting Federal requirements and does                   and recordkeeping requirements,                       consent order with Jewel Acquisition
                                                 not impose additional requirements                      Volatile organic compounds.                           Midland steel plant (Jewel Facility).
                                                 beyond those imposed by state law. For                    Authority: 42 U.S.C. 7401 et seq.                   This action is being taken under the
                                                 that reason, this action:                                                                                     Clean Air Act (CAA).
                                                    • Is not a ‘‘significant regulatory                    Dated: September 18, 2018.
                                                                                                                                                               DATES: Written comments must be
                                                 action’’ subject to review by the Office                David Gray,
                                                                                                                                                               received on or before November 5, 2018.
                                                 of Management and Budget under                          Acting Regional Administrator, Region 6.
                                                                                                                                                               ADDRESSES: Submit your comments,
                                                 Executive Order 12866 (58 FR 51735,                     [FR Doc. 2018–21718 Filed 10–4–18; 8:45 am]
                                                 October 4, 1993) and 13563 (76 FR 3821,                                                                       identified by Docket ID No. EPA–R03–
                                                                                                         BILLING CODE 6560–50–P
                                                 January 21, 2011);                                                                                            OAR–2017–0681 at http://
                                                    • Is not an Executive Order 13771 (82                                                                      www.regulations.gov, or via email to
                                                 FR 9339, February 2, 2017) regulatory                   ENVIRONMENTAL PROTECTION                              spielberger.susan@epa.gov. For
                                                 action because SIP approvals are                        AGENCY                                                comments submitted at Regulations.gov,
                                                 exempted under Executive Order 12866;                                                                         follow the online instructions for
                                                    • Does not impose an information                     40 CFR Part 52                                        submitting comments. Once submitted,
                                                 collection burden under the provisions                                                                        comments cannot be edited or removed
                                                                                                         [EPA–R03–OAR–2017–0681; FRL–9984–98–                  from Regulations.gov. For either manner
                                                 of the Paperwork Reduction Act (44                      Region 3]
                                                 U.S.C. 3501 et seq.);                                                                                         of submission, EPA may publish any
                                                    • Is certified as not having a                       Approval and Promulgation of Air                      comment received to its public docket.
                                                 significant economic impact on a                        Quality Implementation Plans;                         Do not submit electronically any
                                                 substantial number of small entities                    Pennsylvania; Attainment Plan for the                 information you consider to be
                                                 under the Regulatory Flexibility Act (5                 Beaver, Pennsylvania Nonattainment                    confidential business information (CBI)
                                                 U.S.C. 601 et seq.);                                    Area for the 2010 Sulfur Dioxide                      or other information whose disclosure is
                                                    • Does not contain any unfunded                      Primary National Ambient Air Quality                  restricted by statute. Multimedia
                                                 mandate or significantly or uniquely                    Standard                                              submissions (audio, video, etc.) must be
                                                 affect small governments, as described                                                                        accompanied by a written comment.
                                                 in the Unfunded Mandates Reform Act                     AGENCY:  Environmental Protection                     The written comment is considered the
                                                 of 1995 (Pub. L. 104–4);                                Agency (EPA).                                         official comment and should include
                                                    • Does not have Federalism                           ACTION: Proposed rule.                                discussion of all points you wish to
                                                 implications as specified in Executive                                                                        make. EPA will generally not consider
                                                 Order 13132 (64 FR 43255, August 10,                    SUMMARY:    The Environmental Protection              comments or comment contents located
                                                 1999);                                                  Agency (EPA) is proposing to approve a                outside of the primary submission (i.e.
                                                    • Is not an economically significant                 state implementation plan (SIP)                       on the web, cloud, or other file sharing
                                                 regulatory action based on health or                    revision, submitted by the                            system). For additional submission
                                                 safety risks subject to Executive Order                 Commonwealth of Pennsylvania                          methods, please contact the person
                                                 13045 (62 FR 19885, April 23, 1997);                    through the Pennsylvania Department of                identified in the FOR FURTHER
                                                    • Is not a significant regulatory action             Environmental Protection (PADEP), to                  INFORMATION CONTACT section. For the
                                                 subject to Executive Order 13211 (66 FR                 EPA on September 29, 2017, for the                    full EPA public comment policy,
                                                 28355, May 22, 2001);                                   purpose of providing for attainment of                information about CBI or multimedia
                                                    • Is not subject to requirements of                  the 2010 sulfur dioxide (SO2) primary                 submissions, and general guidance on
                                                 section 12(d) of the National                           national ambient air quality standard                 making effective comments, please visit
                                                 Technology Transfer and Advancement                     (NAAQS) in the Beaver County,                         http://www2.epa.gov/dockets/
                                                 Act of 1995 (15 U.S.C. 272 note) because                Pennsylvania SO2 nonattainment area                   commenting-epa-dockts.
                                                 application of those requirements would                 (hereafter referred to as the ‘‘Beaver                FOR FURTHER INFORMATION CONTACT:
                                                 be inconsistent with the Act; and                       Area’’ or ‘‘Area’’). The Beaver Area is               Megan Goold (215) 814–2027, or by
                                                    • Does not provide EPA with the                      comprised of a portion of Beaver County               email at goold.megan@epa.gov.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 discretionary authority to address, as                  (Industry Borough, Shippingport
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                 appropriate, disproportionate human                     Borough, Midland Borough, Brighton
                                                 health or environmental effects, using                  Township, Potter Township and                         Table of Contents
                                                 practicable and legally permissible                     Vanport Township) in Pennsylvania.                    I. Background for EPA’s Proposed Action
                                                 methods, under Executive Order 12898                    The SIP submission is an attainment                   II. Requirements for SO2 Nonattainment Area
                                                 (59 FR 7629, February 16, 1994).                        plan which includes the base year                           Plan
                                                    In addition, the SIP is not approved                 emissions inventory, an analysis of the               III. Attainment Demonstration and Longer
                                                 to apply on any Indian reservation land                 reasonably available control technology                     Averaging Times



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                                                                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                                  50315

                                                 IV. Pennsylvania’s Attainment Plan                         Effective on October 4, 2013, the                   subparts F and G, respectively. Soon
                                                      Submittal for the Beaver Area                      Beaver Area was designated as                          after Congress enacted the 1990
                                                 V. EPA’s Analysis of Pennsylvania’s                     nonattainment for the 2010 SO2 NAAQS                   Amendments to the CAA, EPA issued
                                                      Attainment Plan for the Beaver Area                for an area that encompasses several                   comprehensive guidance on SIPs, in a
                                                   A. Pollutants Addressed
                                                   B. Emissions Inventory Requirements
                                                                                                         past and current sources of SO2                        document entitled the ‘‘General
                                                   C. Air Quality Modeling                               emissions and the nearby SO2 monitor                   Preamble for the Implementation of
                                                   D. RACM/RACT                                          (Air Quality Site ID: 42–007–0005). The                Title I of the Clean Air Act Amendments
                                                   E. RFP Plan                                           October 4, 2013 final designation                      of 1990,’’ published at 57 FR 13498
                                                   F. Contingency Measures                               triggered a requirement for                            (April 16, 1992) (General Preamble).
                                                   G. New Source Review                                  Pennsylvania to submit a SIP revision                  Among other things, the General
                                                 VI. EPA’s Proposed Action                               with an attainment plan for how the                    Preamble addressed SO2 SIPs and
                                                 VII. Incorporation by Reference                         Area would attain the 2010 SO2 NAAQS                   fundamental principles for SIP control
                                                 VIII. Statutory and Executive Order Reviews             as expeditiously as practicable, but no                strategies. Id. at 13545–49, 13567–68.
                                                 I. Background for EPA’s Proposed                        later than October 4, 2018, in                         On April 23, 2014, EPA issued
                                                 Action                                                  accordance with CAA section 192(a).                    recommended guidance (hereafter 2014
                                                                                                            For a number of areas, including the                SO2 Nonattainment Guidance) for how
                                                    On June 2, 2010, the EPA                             Beaver Area, EPA published a notice on
                                                 Administrator signed a final rule                                                                              state submissions could address the
                                                                                                         March 18, 2016, effective April 18,                    statutory requirements in SO2
                                                 establishing a new SO2 NAAQS as a 1-                    2016, that Pennsylvania and other
                                                 hour standard of 75 parts per billion                                                                          attainment plans.3 In this guidance, EPA
                                                                                                         pertinent states had failed to submit the              described the statutory requirements for
                                                 (ppb), based on a 3-year average of the                 required SO2 attainment plan by this
                                                 annual 99th percentile of 1-hour daily                                                                         an attainment plan, which include: An
                                                                                                         submittal deadline. See 81 FR 14736.
                                                 maximum concentrations. See 75 FR                                                                              accurate base year emissions inventory
                                                                                                         This finding initiated a deadline under
                                                 35520 (June 22, 2010), codified at 40                                                                          of current emissions for all sources of
                                                                                                         CAA section 179(a) for the potential
                                                 CFR 50.17(a)–(b). This action also                                                                             SO2 within the nonattainment area
                                                                                                         imposition of new source review and
                                                 revoked the existing 1971 primary                       highway funding sanctions. However,                    (172(c)(3)); an attainment demonstration
                                                 annual and 24-hour standards, subject                   pursuant to Pennsylvania’s submittal of                that includes a modeling analysis
                                                 to certain conditions.1 EPA established                 September 29, 2017, and EPA’s                          showing that the enforceable emissions
                                                 the NAAQS based on significant                          subsequent letter dated October 5, 2017,               limitations and other control measures
                                                 evidence and numerous health studies                    to Pennsylvania finding the submittal                  taken by the state will provide for
                                                 demonstrating that serious health effects               complete and noting the stopping of                    expeditious attainment of the NAAQS
                                                 are associated with short-term                          these sanctions’ deadline, these                       (172(c)); demonstration of RFP
                                                 exposures to SO2 emissions ranging                      sanctions under section 179(a) will not                (172(c)(2)); implementation of RACM,
                                                 from 5 minutes to 24 hours with an                      be imposed as a consequence of                         including RACT (172(c)(1)); NSR
                                                 array of adverse respiratory effects                    Pennsylvania’s missing the SIP                         (172(c)(5)); and adequate contingency
                                                 including narrowing of the airways                      submission deadline. Additionally,                     measures for the affected area
                                                 which can cause difficulty breathing                    under CAA section 110(c), the March                    (172(c)(9)). A synopsis of these
                                                 (bronchoconstriction) and increased                     18, 2016 finding triggers a requirement                requirements is also provided in the
                                                 asthma symptoms. For more                               that EPA promulgate a federal                          notice of proposed rulemaking on the
                                                 information regarding the health                        implementation plan (FIP) within two                   Illinois SO2 nonattainment plans,
                                                 impacts of SO2, please refer to the June                years of the finding unless, by that time              published on October 5, 2017 at 82 FR
                                                 22, 2010, final rulemaking. See 75 FR                   the state has made the necessary                       46434.
                                                 35520. Following promulgation of a new                  complete submittal and EPA has                            In order for the EPA to fully approve
                                                 or revised NAAQS, EPA is required by                    approved the submittal as meeting                      a SIP as meeting the requirements of
                                                 the CAA to designate areas throughout                   applicable requirements. EPA’s                         CAA sections 110, 172 and 191–192 and
                                                 the United States as attaining or not                   obligation to promulgate and implement                 EPA’s regulations at 40 CFR part 51, the
                                                 attaining the NAAQS; this designation                   a FIP will not apply if EPA makes final                SIP for the affected area needs to
                                                 process is described in section 107(d)(1)               the approval action proposed here.                     demonstrate to EPA’s satisfaction that
                                                 of the CAA. On August 5, 2013, EPA                                                                             each of the aforementioned
                                                 promulgated initial air quality                         II. Requirements for SO2
                                                                                                         Nonattainment Area Plans                               requirements have been met. Under
                                                 designations for 29 areas for the 2010                                                                         CAA sections 110(l) and 193, the EPA
                                                 SO2 NAAQS (78 FR 47191), which                             Attainment plans must meet the                      may not approve a SIP that would
                                                 became effective on October 4, 2013,                    applicable requirements of the CAA,                    interfere with any applicable
                                                 based on violating air quality                          and specifically CAA sections 110, 172,                requirement concerning NAAQS
                                                 monitoring data for calendar years                      191, and 192. The required components                  attainment and RFP, or any other
                                                 2009–2011, where there was sufficient                   of an attainment plan submittal are                    applicable requirement, and no
                                                 data to support a nonattainment                         listed in section 172(c) of Title 1, part              requirement in effect (or required to be
                                                 designation.2                                           D of the CAA. The EPA’s regulations                    adopted by an order, settlement,
                                                                                                         governing nonattainment SIPs are set                   agreement, or plan in effect before
                                                   1 EPA’s June 22, 2010 final action revoked the two
                                                                                                         forth at 40 CFR part 51, with specific                 November 15, 1990) in any area which
                                                 1971 primary 24-hour standard of 140 ppb and the
                                                                                                         procedural requirements and control
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                                                 annual standard of 30 ppb because they were                                                                    is a nonattainment area for any air
                                                 determined not to add additional public health          strategy requirements residing at                      pollutant, may be modified in any
                                                 protection given a 1-hour standard at 75 ppb. See
                                                 75 FR 35520. However, the secondary 3-hour SO2
                                                                                                                                                                manner unless it ensures equivalent or
                                                                                                         entered on March 2, 2015, by the U.S. District Court
                                                 standard was retained. Currently, the 24-hour and       for the Northern District of California, EPA must
                                                 annual standards are only revoked for certain of        complete the remaining designations for the rest of       3 See ‘‘Guidance for 1-Hour SO Nonattainment
                                                                                                                                                                                                 2
                                                 those areas the EPA has already designated for the      the country on a schedule that contains three          Area SIP Submissions’’ (April 23, 2014), available
                                                 2010 1-hour SO2 NAAQS. See 40 CFR 50.4(e).              specific deadlines. Sierra Club, et al. v.             at https://www.epa.gov/sites/production/files/2016-
                                                   2 EPA is continuing its designation efforts for the   Environmental Protection Agency, 13–cv–03953–SI        06/documents/20140423guidance_nonattainment_
                                                 2010 SO2 NAAQS. Pursuant to a court-order               (2015).                                                sip.pdf.



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                                                 50316                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 greater emission reductions of such air                 adjusted level that reflects a stringency             shows three, not four days with
                                                 pollutant.                                              comparable to the 1-hour average limit                maximum hourly levels exceeding 75
                                                                                                         at the critical emission value shown to               ppb) is labeled the ‘‘critical emission
                                                 III. Attainment Demonstration and
                                                                                                         provide for attainment that the plan                  value.’’ The modeling process for
                                                 Longer Term Averaging
                                                                                                         otherwise would have set.                             identifying this critical emissions value
                                                    CAA section 172(c)(1) directs states                    The 2014 SO2 Nonattainment                         inherently considers the numerous
                                                 with areas designated as nonattainment                  Guidance provides an extensive                        variables that affect ambient
                                                 to demonstrate that the submitted plan                  discussion of EPA’s rationale for                     concentrations of SO2, such as
                                                 provides for attainment of the NAAQS.                   concluding that appropriately set                     meteorological data, background
                                                 40 CFR part 51, subpart G further                       comparably stringent limitations based                concentrations, and topography. In the
                                                 delineates the control strategy                         on averaging times as long as 30 days                 standard approach, the state would then
                                                 requirements that SIPs must meet, and                   can be found to provide for attainment                provide for attainment by setting a
                                                 EPA has long required that all SIPs and                 of the 2010 SO2 NAAQS. In evaluating                  continuously applicable 1-hour
                                                 control strategies reflect four                         this option, EPA considered the nature                emission limit at this critical emission
                                                 fundamental principles of                               of the standard, conducted detailed                   value.
                                                 quantification, enforceability,                         analyses of the impact of use of 30-day                  EPA recognizes that some sources
                                                 replicability, and accountability.                      average limits on the prospects for                   have highly variable emissions, for
                                                 General Preamble, at 13567–68. SO2                      attaining the standard, and carefully                 example due to variations in fuel sulfur
                                                 attainment plans must consist of two                    reviewed how best to achieve an                       content and operating rate, that can
                                                 components: (1) Emission limits and                     appropriate balance among the various                 make it extremely difficult, even with a
                                                 other control measures that assure                      factors that warrant consideration in                 well-designed control strategy, to ensure
                                                 implementation of permanent,                            judging whether a state’s plan provides               in practice that emissions for any given
                                                 enforceable and necessary emission                      for attainment. Id. at pp. 22–39,                     hour do not exceed the critical emission
                                                 controls, and (2) a modeling analysis                   Appendices B, C, and D.                               value. EPA also acknowledges the
                                                 which meets the requirements of 40 CFR                     As specified in 40 CFR 50.17(b), the               concern that longer term emission limits
                                                 part 51, Appendix W which                               1-hour primary SO2 NAAQS is met at an                 can allow short periods with emissions
                                                 demonstrates that these emission limits                 ambient air quality monitoring site                   above the ‘‘critical emissions value,’’
                                                 and control measures provide for timely                 when the 3-year average of the annual                 which, if coincident with
                                                 attainment of the primary SO2 NAAQS                     99th percentile of daily maximum 1-                   meteorological conditions conducive to
                                                 as expeditiously as practicable, but by                 hour concentrations is less than or equal             high SO2 concentrations, could in turn
                                                 no later than the attainment date for the               to 75 ppb. In a year with 365 days of                 create the possibility of a NAAQS
                                                 affected area. In all cases, the emission               valid monitoring data, the 99th                       exceedance occurring on a day when an
                                                 limits and control measures must be                     percentile would be the fourth highest                exceedance would not have occurred if
                                                 accompanied by appropriate methods                      daily maximum 1-hour value. The 2010                  emissions were continuously controlled
                                                 and conditions to determine compliance                  SO2 NAAQS, including this form of                     at the level corresponding to the critical
                                                 with the respective emission limits and                 determining compliance with the                       emission value. However, for several
                                                 control measures and must be                            standard, was upheld by the U.S. Court                reasons, EPA believes that the approach
                                                 quantifiable (i.e., a specific amount of                of Appeals for the District of Columbia               recommended in its guidance document
                                                 emission reduction can be ascribed to                   Circuit in Nat’l Envt’l Dev. Ass’n’s Clean            suitably addresses this concern. First,
                                                 the measures), fully enforceable                        Air Project v. EPA, 686 F.3d 803 (D.C.                from a practical perspective, EPA
                                                 (specifying clear, unambiguous and                      Cir. 2012). Because the standard has this             expects the actual emission profile of a
                                                 measurable requirements for which                       form, a single exceedance does not                    source subject to an appropriately set
                                                 compliance can be practicably                           create a violation of the standard.                   longer term average limit to be similar
                                                 determined), replicable (the procedures                 Instead, at issue is whether a source                 to the emission profile of a source
                                                 for determining compliance are                          operating in compliance with a properly               subject to an analogous 1-hour average
                                                 sufficiently specific and non-subjective                set longer term average could cause                   limit. EPA expects this similarity
                                                 so that two independent entities                        exceedances, and if so the resulting                  because it has recommended that the
                                                 applying the procedures would obtain                    frequency and magnitude of such                       longer term average limit be set at a
                                                 the same result), and accountable                       exceedances, and in particular, whether               level that is comparably stringent to the
                                                 (source specific limits must be                         EPA can have reasonable confidence                    otherwise applicable 1-hour limit
                                                 permanent and must reflect the                          that a properly set longer term average               (reflecting a downward adjustment from
                                                 assumptions used in the SIP                             limit will provide that the average                   the critical emissions value) and that
                                                 demonstrations).                                        fourth highest daily maximum value                    takes the source’s emissions profile into
                                                    EPA’s 2014 SO2 Nonattainment                         will be at or below 75 ppb. A synopsis                account. As a result, EPA expects either
                                                 Guidance recommends that the                            of how EPA evaluates whether such                     form of emission limit to yield
                                                 emission limits established for the                     plans ‘‘provide for attainment,’’ based               comparable air quality.
                                                 attainment demonstration be expressed                   on modeling of projected allowable                       Second, from a more theoretical
                                                 as short-term average limits (e.g.,                     emissions and in light of the NAAQS’                  perspective, EPA has compared the
                                                 addressing emissions averaged over one                  form for determining attainment at                    likely air quality with a source having
                                                 or three hours), but also describes the                 monitoring sites follows.                             maximum allowable emissions under an
                                                 option to utilize emission limits with                     For plans for SO2 based on 1-hour                  appropriately set longer term limit, as
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                                                 longer averaging times of up to 30 days                 emission limits, the standard approach                compared to the likely air quality with
                                                 so long as the state meets various                      is to conduct modeling using fixed                    the source having maximum allowable
                                                 suggested criteria. See 2014 SO2                        emission rates. The maximum emission
                                                 Nonattainment Guidance, pp. 22 to 39.                   rate that would be modeled to result in               provides for averaging three years of 99th percentile
                                                 The guidance recommends that—should                                                                           daily maximum values (e.g., the fourth highest
                                                                                                         attainment (i.e., an ‘‘average year’’ 4               maximum daily concentration in a year with 365
                                                 states and sources utilize longer                                                                             days with valid data), this discussion and an
                                                 averaging times—the longer term                           4 An ‘‘average year’’ is used to mean a year with   example below uses a single ‘‘average year’’ in order
                                                 average limit should be set at an                       average air quality. While 40 CFR 50 Appendix T       to simplify the illustration of relevant principles.



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                                                                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                        50317

                                                 emissions under the comparable 1-hour                   pounds per hour, 500 pounds per hour,                 absolute certainty that attainment will
                                                 limit. In this comparison, in the 1-hour                900 pounds per hour, and 1200 pounds                  in fact occur, but rather whether the
                                                 average limit scenario, the source is                   per hour, respectively. (This is a                    plan provides an adequate level of
                                                 presumed at all times to emit at the                    conservative example because the                      confidence of prospective NAAQS
                                                 critical emission level, and in the longer              average of these emissions, 900 pounds                attainment. From this perspective, in
                                                 term average limit scenario, the source                 per hour, is well over the 30-day average             evaluating use of a 30-day average limit,
                                                 is presumed occasionally to emit more                   emission limit.) These emissions would                EPA must weigh the likely net effect on
                                                 than the critical emission value but on                 result in daily maximum 1-hour                        air quality. Such an evaluation must
                                                 average, and presumably at most times,                  concentrations of 80 ppb, 99 ppb, 40                  consider the risk that occasions with
                                                 to emit well below the critical emission                ppb, 67.5 ppb, and 84 ppb. In this                    meteorology conducive to high
                                                 value. In an ‘‘average year,’’ compliance               example, the fifth day would have an                  concentrations will have elevated
                                                 with the 1-hour limit is expected to                    exceedance that would not otherwise                   emissions leading to exceedances that
                                                 result in three exceedance days (i.e.,                  have occurred, but the third and fourth               would not otherwise have occurred, and
                                                 three days with hourly values above 75                  days would not have exceedances that                  must also weigh the likelihood that the
                                                 ppb) and a fourth day with a maximum                    otherwise would have occurred. In this                requirement for lower emissions on
                                                 hourly value at 75 ppb. By comparison,                  example, the fourth highest maximum                   average will result in days not having
                                                 with the source complying with a longer                 daily concentration under the 30-day                  exceedances that would have been
                                                 term limit, it is possible that additional              average would be 67.5 ppb.                            expected with emissions at the critical
                                                 exceedances would occur that would                         This simplified example illustrates                emissions value. Additional policy
                                                 not occur in the 1-hour limit scenario (if              the findings of a more complicated                    considerations, such as in this case the
                                                 emissions exceed the critical emission                  statistical analysis that EPA conducted               desirability of accommodating real
                                                 value at times when meteorology is                      using a range of scenarios using actual               world emissions variability without
                                                 conducive to poor air quality). However,                plant data. As described in Appendix B                significant risk of violations, are also
                                                 this comparison must also factor in the                 of EPA’s 2014 SO2 Nonattainment                       appropriate factors for EPA to weigh in
                                                 likelihood that exceedances that would                  Guidance, EPA found that the                          judging whether a plan provides a
                                                 be expected in the 1-hour limit scenario                requirement for lower average emissions               reasonable degree of confidence that the
                                                 would not occur in the longer term limit                is highly likely to yield better air quality          plan will lead to attainment. Based on
                                                 scenario. This result arises because the                than is required with a comparably                    these considerations, especially given
                                                 longer term limit requires lower                        stringent 1-hour limit. Based on                      the high likelihood that a continuously
                                                 emissions most of the time (because the                 analyses described in Appendix B of its               enforceable limit averaged over as long
                                                 limit is set well below the critical                    2014 SO2 Nonattainment Guidance, EPA                  as 30 days, determined in accordance
                                                 emission value), so a source complying                  expects that an emission profile with                 with EPA’s guidance, will result in
                                                 with an appropriately set longer term                   maximum allowable emissions under an                  attainment, EPA believes as a general
                                                 limit is likely to have lower emissions                 appropriately set comparably stringent                matter that such limits, if appropriately
                                                 at critical times than would be the case                30-day average limit is likely to have the            determined, can reasonably be
                                                 if the source were emitting as allowed                  net effect of having a lower number of                considered to provide for attainment of
                                                 with a 1-hour limit.                                    exceedances and better air quality than               the 2010 SO2 NAAQS.
                                                                                                         an emission profile with maximum
                                                    As a hypothetical example to                         allowable emissions under a 1-hour                       The 2014 SO2 Nonattainment
                                                 illustrate these points, suppose a source               emission limit at the critical emission               Guidance offers specific
                                                 that always emits 1000 pounds of SO2                    value. This result provides a compelling              recommendations for determining an
                                                 per hour, which results in air quality at               policy rationale for allowing the use of              appropriate longer term average limit.
                                                 the level of the NAAQS (i.e., results in                a longer averaging period, in                         The recommended method starts with
                                                 a design value of 75 ppb). Suppose                      appropriate circumstances where the                   determination of the 1-hour emission
                                                 further that in an ‘‘average year,’’ these              facts indicate this result can be expected            limit that would provide for attainment
                                                 emissions cause the 5-highest maximum                   to occur.                                             (i.e., the critical emission value), and
                                                 daily average 1-hour concentrations to                     The question then becomes whether                  applies an adjustment factor to
                                                 be 100 ppb, 90 ppb, 80 ppb, 75 ppb, and                 this approach, which is likely to                     determine the (lower) level of the longer
                                                 70 ppb. Then suppose that the source                    produce a lower number of overall                     term average emission limit that would
                                                 becomes subject to a 30-day average                     exceedances even though it may                        be estimated to have a stringency
                                                 emission limit of 700 pounds per hour.                  produce some unexpected exceedances                   comparable to the otherwise necessary
                                                 It is theoretically possible for a source               above the critical emission value, meets              1-hour emission limit. This method uses
                                                 meeting this limit to have emissions that               the requirement in section 110(a)(1) and              a database of continuous emission data
                                                 occasionally exceed 1000 pounds per                     172(c)(1) for SIPs to ‘‘provide for                   reflecting the type of control that the
                                                 hour, but with a typical emissions                      attainment’’ of the NAAQS. For SO2, as                source will be using to comply with the
                                                 profile emissions would much more                       for other pollutants, it is generally                 SIP emission limits, which (if
                                                 commonly be between 600 and 800                         impossible to design a nonattainment                  compliance requires new controls) may
                                                 pounds per hour. In this simplified                     plan in the present that will guarantee               require use of an emission database
                                                 example, assume a zero background                       that attainment will occur in the future.             from another source. The recommended
                                                 concentration, which allows one to                      A variety of factors can cause a well-                method involves using these data to
                                                 assume a linear relationship between                    designed attainment plan to fail and                  calculate a complete set of emission
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                                                 emissions and air quality. (A nonzero                   unexpectedly not result in attainment,                averages, computed according to the
                                                 background concentration would make                     for example if meteorology occurs that                averaging time and averaging
                                                 the mathematics more difficult but                      is more conducive to poor air quality                 procedures of the prospective emission
                                                 would give similar results.) Air quality                than was anticipated in the plan.                     limitation. In this recommended
                                                 will depend on what emissions happen                    Therefore, in determining whether a                   method, the ratio of the 99th percentile
                                                 on what critical hours, but suppose that                plan meets the requirement to provide                 among these long term averages to the
                                                 emissions at the relevant times on these                for attainment, EPA’s task is commonly                99th percentile of the 1-hour values
                                                 5 days are 800 pounds/hour, 1100                        to judge not whether the plan provides                represents an adjustment factor that may


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                                                 50318                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 be multiplied by the candidate 1-hour                   may affect attainment in the area) is                 51.112 and 40 CFR part 51, Appendix
                                                 emission limit to determine a longer                    technically appropriate, efficient and                W, and include inventory data,
                                                 term average emission limit that may be                 effective in demonstrating attainment in              modeling results, and emissions
                                                 considered comparably stringent.5 The                   nonattainment areas because it takes                  reductions analyses on which the state
                                                 2014 SO2 Nonattainment Guidance also                    into consideration combinations of                    has based its projected attainment. EPA
                                                 addresses a variety of related topics,                  meteorological and emission source                    is proposing that the attainment plan
                                                 such as the potential utility of setting                operating conditions that may                         submitted by Pennsylvania is sufficient,
                                                 supplemental emission limits, such as                   contribute to peak ground-level                       and EPA is proposing to approve the
                                                 mass-based limits, to reduce the                        concentrations of SO2.                                plan to ensure ongoing attainment.
                                                 likelihood and/or magnitude of elevated                    The meteorological data used in the
                                                                                                         analysis should generally be processed                A. Pollutants Addressed
                                                 emission levels that might occur under
                                                 the longer term emission rate limit.                    with the most recent version of                          Pennsylvania’s SO2 attainment plan
                                                 Preferred air quality models for use in                 AERMET. Estimated concentrations                      evaluates SO2 emissions for the Area
                                                 regulatory applications are described in                should include ambient background                     within the portion of Beaver County
                                                 Appendix A of EPA’s Guideline on Air                    concentrations, should follow the form                (Industry Borough, Shippingport
                                                 Quality Models (40 CFR part 51,                         of the standard, and should be                        Borough, Midland Borough, Brighton
                                                 Appendix W).6 In 2005, EPA                              calculated as described in section                    Township, Potter Township and
                                                 promulgated the American                                2.6.1.2 of the August 23, 2010                        Vanport Township) that is designated
                                                 Meteorological Society/Environmental                    clarification memo on ‘‘Applicability of              nonattainment for the 2010 SO2
                                                 Protection Agency Regulatory Model                      Appendix W Modeling Guidance for the                  NAAQS. There are no precursors to
                                                 (AERMOD) as the Agency’s preferred                      1-hr SO2 National Ambient Air Quality                 consider for the SO2 attainment plan.
                                                 near-field dispersion modeling for a                    Standard’’ (U. S. EPA, 2010a).                        SO2 is a pollutant that arises from direct
                                                 wide range of regulatory applications                                                                         emissions, and therefore concentrations
                                                                                                         IV. Pennsylvania’s Attainment Plan                    are highest relatively close to the
                                                 addressing stationary sources (for                      Submittal for the Beaver Area
                                                 example in estimating SO2                                                                                     sources and much lower at greater
                                                 concentrations) in all types of terrain                    In accordance with section 172(c) of               distances due to dispersion. Thus, SO2
                                                 based on extensive developmental and                    the CAA, the Pennsylvania attainment                  concentration patterns resemble those of
                                                 performance evaluation. Supplemental                    plan for the Beaver Area includes: (1)                other directly emitted pollutants like
                                                 guidance on modeling for purposes of                    An emissions inventory for SO2 for the                lead, and differ from those of
                                                 demonstrating attainment of the SO2                     plan’s base year (2011); (2) an                       photochemically-formed (secondary)
                                                 standard is provided in Appendix A to                   attainment demonstration including an                 pollutants such as ozone.
                                                 the April 23, 2014 SO2 nonattainment                    analysis that locates, identifies, and
                                                                                                         quantifies sources of emissions                       B. Emissions Inventory Requirements
                                                 area SIP guidance document referenced
                                                 above. Appendix A provides extensive                    contributing to violations of the 2010                   States are required under section
                                                 guidance on the modeling domain, the                    SO2 NAAQS and a dispersion modeling                   172(c)(3) of the CAA to develop
                                                 source inputs, assorted types of                        analysis of an emissions control strategy             comprehensive, accurate and current
                                                 meteorological data, and background                     for the primary remaining SO2 sources                 emissions inventories of all sources of
                                                 concentrations. Consistency with the                    in the area and which also accounts for               the relevant pollutant or pollutants in
                                                 recommendations in this guidance is                     smaller sources within the Area in the                the nonattainment area. These
                                                 generally necessary for the attainment                  background concentration, showing                     inventories provide detailed accounting
                                                 demonstration to offer adequately                       attainment of the SO2 NAAQS by the                    of all emissions and emissions sources
                                                 reliable assurance that the plan provides               October 4, 2018 attainment date; (3) a                by precursor or pollutant. In addition,
                                                 for attainment.                                         determination that the control strategy               inventories are used in air quality
                                                    As stated previously, attainment                     for the primary remaining SO2 sources                 modeling to demonstrate that
                                                 demonstrations for the 2010 1-hour                      within the nonattainment area                         attainment of the NAAQS is as
                                                 primary SO2 NAAQS must demonstrate                      constitutes RACM/RACT; (4)                            expeditious as practicable. The 2014
                                                 future attainment and maintenance of                    requirements for RFP toward attaining                 SO2 Nonattainment Guidance provides
                                                 the NAAQS in the entire area                            the SO2 NAAQS in the Area; (5)                        that the emissions inventory should be
                                                 designated as nonattainment (i.e., not                  contingency measures; and (6) the                     consistent with the Air Emissions
                                                 just at the violating monitor) by using                 assertion that Pennsylvania’s existing                Reporting Requirements (AERR) at
                                                 air quality dispersion modeling (see                    SIP-approved NSR program meets the                    Subpart A to 40 CFR part 51.7
                                                 Appendix W to 40 CFR part 51) to show                   applicable requirements for SO2. The                     For the base year inventory of actual
                                                 that the mix of sources and enforceable                 Pennsylvania attainment plan for the                  emissions, a ‘‘comprehensive, accurate
                                                 control measures and emission rates in                  Beaver Area also includes the request                 and current’’ inventory can be
                                                 an identified area will not lead to a                   that emission limitations and                         represented by a year that contributed to
                                                 violation of the SO2 NAAQS. For a                       compliance parameters contained in a                  the three-year design value used for the
                                                 short-term (i.e., 1-hour) standard, EPA                 consent order with Bruce Mansfield and                original nonattainment designation. The
                                                 believes that dispersion modeling, using                a consent order with Jewel be                         2014 SO2 Nonattainment Guidance
                                                 allowable emissions and addressing                      incorporated into the SIP.                            notes that the base year inventory
                                                 stationary sources in the affected area                                                                       should include all sources of SO2 in the
                                                                                                         V. EPA’s Analysis of Pennsylvania’s                   nonattainment area as well as any
                                                 (and in some cases those sources located
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                                                                                                         Attainment Plan for the Beaver Area                   sources located outside the
                                                 outside the nonattainment area which
                                                                                                           Consistent with CAA requirements                    nonattainment area which may affect
                                                   5 For example, if the critical emission value is      (see section 172), an attainment
                                                 1000 pounds of SO2 per hour, and a suitable             demonstration for a SO2 nonattainment                   7 The AERR at Subpart A to 40 CFR part 51 cover
                                                 adjustment factor is determined to be 70 percent,       area must show that the area will attain              overarching federal reporting requirements for the
                                                 the recommended longer term average limit would                                                               states to submit emissions inventories for criteria
                                                 be 700 pounds per hour.                                 the 2010 SO2 NAAQS as expeditiously                   pollutants to EPA’s Emissions Inventory System.
                                                   6 The EPA published revisions to the Guideline        as practicable. The demonstration must                EPA uses these submittals, along with other data
                                                 on Air Quality Models on January 17, 2017.              also meet the requirements of 40 CFR                  sources, to build the National Emissions Inventory.



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                                                                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                           50319

                                                 attainment in the area. Pennsylvania                      TABLE 2—POINT SOURCE 2011—                               projected actual emissions for 2018 are
                                                 appropriately elected to use 2011 as the                            Continued                                      below the 2011 emissions inventory. It
                                                 base year, as the Area was designated                     ACTUAL SULFUR DIOXIDE EMISSION                           should be noted that the sources most
                                                 nonattainment with monitor data from                                                                               likely causing impacts at the previously
                                                                                                                     INVENTORY
                                                 2009–2011. Actual emissions from all                                                                               violating monitor, including AES Beaver
                                                 the sources of SO2 in the Beaver Area                                                                     SO2      Valley and Horsehead, have closed or
                                                 were reviewed and compiled for the                                      Facility                       Emissions   remain idled such as the Jewel Facility’s
                                                 base year emissions inventory                                                                            (tpy)     Meltshop. The remaining primary SO2
                                                 requirement. One additional source                                                                                 sources with their new allowable
                                                                                                                 Total ...............................   26,591.051 emissions may be above the total 2011
                                                 located outside the area was included in
                                                 the inventory due to its proximity to the                    * IPSCO KOPPEL TUBULARS/KOPPEL is actual emissions in the Area; however,
                                                                                                           not physically in the Beaver Area, but mod- the remaining primary sources were
                                                 Area. The source is IPSCO Koppel                          eling shows it has a small impact on it. An- modeled using emissions above their
                                                 Tubular (Koppel) with 2011 emissions                      other source located near the Area, Anchor
                                                 of 130.42 tons per year (tpy). Table 1                    Hocking/Monaca, which had 2011 SO2 emis- new allowable emissions (as listed in
                                                                                                           sions of 26.068 tons, was also evaluated. Table 4) and demonstrate attainment as
                                                 shows the level of emissions, expressed                   Based on the modeling analysis, Anchor discussed subsequently in this Notice.
                                                 in tpy, in the Beaver Area for the 2011                   Hocking/Monaca does not have significant im- SO2 impacts are very source specific
                                                 base year by emissions source category.                   pacts in the Beaver Area and is not included
                                                                                                                                                                    and assumptions cannot be made
                                                 The point source category includes all                    in the inventory.
                                                                                                                                                                    merely related to the total amount of
                                                 sources within the nonattainment area                        A more detailed discussion of the                     emissions in an area. Also, as discussed
                                                 and one source (Koppel) just outside the                  emissions inventory for the Beaver Area in the submittal, the projected actual
                                                 area.                                                     can be found in Pennsylvania’s                           emissions are based on business
                                                                                                           September 29, 2017 submittal, as well                    projections of 2018 operations, and
                                                    TABLE 1—2011 BASE YEAR SO2                             as, the emissions inventory Technical                    allowable maximum 2018 emissions are
                                                    EMISSIONS INVENTORY FOR THE Support Document (TSD), which can be assuming that the plant is operating
                                                                                                           found under Docket ID No. EPA–R03–                       8,760 hours per year and in compliance
                                                    BEAVER AREA
                                                                                                           OAR–2017–0681 and is available online with the comparably stringent longer
                                                                                                           at www.regulations.gov. EPA has                          term average limit. The allowable
                                                                                                SO2
                                                   Emission source category                   Emissions    evaluated Pennsylvania’s 2011 base year maximum provides the worst-case
                                                                                                (tpy)      emissions inventory for the Beaver Area emissions for the facilities versus the
                                                                                                           and has made the determination that                      actual anticipated emissions which are
                                                 Point ......................................  26,591.051 this inventory was developed
                                                 Area ......................................       29.784 consistently with section 172(c)(3) and
                                                                                                                                                                    based on typical operating hours and on
                                                 Non-road ...............................            0.111 EPA’s guidance as discussed in detail in
                                                                                                                                                                    projected business demand. In this case,
                                                 On-road .................................           1.530 the inventory TSD. Therefore, EPA is
                                                                                                                                                                    the modeled maximum SO2 emissions
                                                                                                                                                                    were not set equal to the allowable
                                                                                                           proposing to approve Pennsylvania’s
                                                      Total ...............................    26,622.476 2011 base year emissions inventory for                    maximum emissions, but were greater
                                                                                                                                                                    than the allowable maximum emissions.
                                                                                                           the Beaver Area.
                                                                                                              The attainment plan also provides for For Bruce Mansfield, the 2018
                                                      TABLE 2—POINT SOURCE 2011                                                                                     maximum modeled emissions were
                                                                                                           a projected attainment year inventory
                                                    ACTUAL SULFUR DIOXIDE EMISSION                         that includes estimated emissions for all 45,038.226 tpy. The 2018 modeled
                                                                         INVENTORY                         emission sources of SO2 which are                        maximum emissions for Koppel and
                                                                                                           determined to impact the Beaver Area                     Shell were 306.6 tpy and 22.0 tpy,
                                                                                                SO2        for the year in which the area is                        respectively.
                                                                Facility                      Emissions    expected to attain the NAAQS.                               Reductions in projected 2018 SO2
                                                                                                (tpy)
                                                                                                           Pennsylvania provided a 2018 projected emissions in the onroad, nonroad and
                                                 AES BEAVER VALLEY ........                     3,085.634 emissions inventory for all known
                                                                                                                                                                    nonpoint source categories can be
                                                 BRUCE MANSFIELD ...........                   21,195.710  sources    included         in   the    2011 base year   attributed to lower sulfur content limits
                                                 HORSEHEAD .......................              2,014.920 inventory and one additional source,                      for gasoline and diesel fuels for the
                                                 IPSCO KOPPEL                                              Shell   Chemical         Appalachia         LLC’s        onroad and nonroad sector, and more
                                                    TUBULARS/KOPPEL * ......                      130.420 recently permitted petrochemicals                         stringent sulfur content limits on home
                                                 JEWEL ..................................         162.100 complex. This source will not start                       heating oil and other distillate/residual
                                                 SHELL ..................................            0.000 operation until after 2018 but has been                  fuel oils for the nonpoint sector which
                                                 All Other Point Sources                                   included to provide assurance that the                   limits are included in the Pennsylvania
                                                    Combined ..........................              2.267 NAAQS will be attained and maintained SIP. A detailed discussion of projected
                                                                                                           notwithstanding commencement of its                      emissions for the Beaver Area can be
                                                                                                           operation.                                               found in Pennsylvania’s September 29,
                                                                                                              The projected 2018 emissions are                      2017 submittal which can be found
                                                                                                           shown in Table 3 and Table 4. Projected under Docket ID No. EPA–R03–OAR–
                                                                                                           allowable emissions for 2018 exceed the 2017–0681 and online at
                                                                                                           2011 emissions inventory; however,                       www.regulations.gov.
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                                                 50320                              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                                                        TABLE 3—2018 PROJECTED SO2 EMISSION INVENTORY FOR THE BEAVER AREA
                                                                                                                                                                                                                                                       SO2
                                                                                                                                                                                                                                      SO2           emissions
                                                                                                                                                                                                                                   emissions     (tpy) *includes
                                                                                                                    Emission source category                                                                                          (tpy)         allowable
                                                                                                                                                                                                                                   anticipated   emissions for
                                                                                                                                                                                                                                     actual          all point
                                                                                                                                                                                                                                                     sources

                                                 Point .........................................................................................................................................................................    14,679.771      32,420.050
                                                 Area .........................................................................................................................................................................         22.586          22.586
                                                 Non-road ..................................................................................................................................................................             0.057           0.057
                                                 On-road ....................................................................................................................................................................            0.590           0.590

                                                        Total ..................................................................................................................................................................    14,703.004      32,443.283


                                                                                        TABLE 4—2018 PROJECTED POINT SOURCE EMISSIONS FOR THE BEAVER AREA
                                                                                                                                                                                                                                      2018           2018
                                                                                                                                                                                                                                   Allowable      Anticipated
                                                                                                                                  Facility                                                                                         Max SO2        Actual SO2
                                                                                                                                                                                                                                      (tpy)          (tpy)

                                                 AES BEAVER VALLEY ...........................................................................................................................................                           0.000           0.000
                                                 BRUCE MANSFIELD ...............................................................................................................................................                    32,245.560      14,542.309
                                                 HORSEHEAD ..........................................................................................................................................................                    0.000           0.000
                                                 IPSCO KOPPEL TUBULARS/KOPPEL * ................................................................................................................                                       149.500         133.472
                                                 JEWEL .....................................................................................................................................................................             1.603           1.603
                                                 SHELL ** ..................................................................................................................................................................            21.000           0.000
                                                 All Other Point Sources Combined .........................................................................................................................                              2.387           2.387

                                                        Total ..................................................................................................................................................................    32,420.050      14,679.771
                                                    * IPSCO KOPPEL TUBULARS/KOPPEL is not physically in the nonattainment area, but modeling shows it has a small impact on it. It is in-
                                                 cluded in the 2011 base year and 2018 attainment year inventories.
                                                    ** Shell does not anticipate startup to occur prior to the end of 2018. Annual emissions after startup are limited by the facility’s Plan Approval to
                                                 less than 21 tons SO2 per year.


                                                 C. Air Quality Modeling                                                      source must therefore consider the                                            Jewel Facility Meltshop was idled in
                                                                                                                              worst-case scenario of both the                                               2015 and its emissions were not
                                                    The SO2 attainment demonstration                                          meteorology (e.g. predominant wind                                            included in the attainment modeling
                                                 provides an air quality dispersion                                           directions, stagnation, etc.) and the                                         demonstration. To resume operation,
                                                 modeling analysis to demonstrate that                                        maximum allowable emissions. In this                                          the Meltshop must comply with a
                                                 control strategies chosen to reduce SO2                                      case, the modeled maximum SO2                                                 Consent Order and Agreement (COA)
                                                 source emissions will bring the Area                                         emissions were greater than the                                               described in section D of this notice.
                                                 into attainment by the statutory                                             allowable maximum SO2 emissions.                                                 EPA has reviewed the modeling that
                                                 attainment date of October 4, 2018. The                                        PADEP’s modeling analysis was                                               Pennsylvania submitted to support the
                                                 modeling analysis, conducted pursuant                                        developed in accordance with EPA’s                                            attainment demonstration for the Beaver
                                                 to recommendations outlined in                                               Modeling Guidance and the 2014 SO2                                            Area and has determined that this
                                                 Appendix W to 40 CFR part 51 (EPA’s                                          Nonattainment Guidance, and was                                               modeling is consistent with CAA
                                                 Modeling Guidance), is used for the                                          prepared using EPA’s preferred                                                requirements, Appendix W, and EPA’s
                                                 attainment demonstration to assess the                                       dispersion modeling system, AERMOD.                                           Guidance for SO2 attainment
                                                 control strategy for a nonattainment area                                    A more detailed discussion of PADEP’s                                         demonstration modeling. The modeling
                                                 and establish emission limits that will                                      modeling analysis for the Beaver Area                                         properly characterized source limits,
                                                 provide for attainment. The analysis                                         can be found in Pennsylvania’s                                                local meteorological data, background
                                                 requires five years of meteorological                                        September 29, 2017 submittal as well as                                       concentrations, and provided an
                                                 data to simulate the dispersion of                                           the modeling TSD, which can be found                                          adequate model receptor grid to capture
                                                 pollutant plumes from multiple point,                                        under Docket ID No. EPA–R03–OAR–                                              maximum modeled concentrations.
                                                 area, or volume sources across the                                           2017–0681 which is available online at                                        Using the EPA conversion factor for the
                                                 averaging times of interest. The                                             www.regulations.gov.                                                          SO2 NAAQS, the modeled design values
                                                 modeling demonstration typically also                                           For its modeling demonstration,                                            for the Beaver Area are less than 75 ppb
                                                 relies on maximum allowable emissions                                        PADEP evaluated SO2 emissions from                                            as shown in Table 5 below.8 EPA’s
                                                 from sources in the nonattainment area.                                      the Bruce Mansfield Facility located in                                       analysis of the modeling is discussed in
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                                                 Though the actual emissions are likely                                       Shippingport Borough and potential
                                                                                                                                                                                                               8 The SO NAAQS level is expressed in ppb but
                                                 to be below the allowable emissions,                                         SO2 emissions from Shell Chemical                                                        2
                                                                                                                                                                                                            AERMOD gives results in micrograms per meter
                                                 sources have the ability to run at higher                                    Appalachia LLC’s (Shell Chemical                                              cubed (mg/m3). The conversion factor for SO2 (at the
                                                 production rates or optimize controls                                        Appalachia) planned petrochemicals                                            standard conditions applied in the ambient SO2
                                                 such that emissions approach the                                             complex to be located in Potter and                                           reference method) is 1ppb = approximately 2.619
                                                 allowable emissions limits. A modeling                                                                                                                     mg/m3. See Pennsylvania’s SO2 Round 3
                                                                                                                              Center Townships. SO2 emissions from                                          Designations Proposed Technical Support
                                                 analysis that provides for attainment                                        Koppel, located outside the Beaver Area                                       Document at https://www.epa.gov/sites/production/
                                                 under all scenarios of operation for each                                    were also included in the modeling. The                                       files/2017-08/documents/35_pa_so2_rd3-final.pdf.



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                                                                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                         50321

                                                 more detail in EPA’s modeling TSD,                      done to support attainment and new                    SO2 emissions rate for Units 1 and 2
                                                 which can be found under Docket ID                      SO2 emissions limitations are                         cannot exceed the result of equation one
                                                 No. EPA–R03–OAR–2017–0681. EPA                          established for the SIP as necessary.                 (EQ–1), below, with Chimney 1 (CH1)
                                                 proposes to conclude that the modeling                  This restriction is established in a COA              and Chimney 2 (CH2) in service,
                                                 provided in the attainment plan shows                   (see Appendix C of the September 29,                  calculated daily. In addition, the 30-
                                                 that the Beaver Area will attain the 2010               2017 submittal) between PADEP and the                 operating day rolling average emissions
                                                 1-hour primary SO2 NAAQS by the                         Jewel Facility which PADEP seeks to                   rate cannot exceed 7,362 lb/hr for Units
                                                 attainment date and proposes to                         have incorporated by reference into the               1 and 2 combined. The 30-operating day
                                                 approve the attainment demonstration.                   SIP, thereby making it permanently                    rolling average SO2 emissions rate
                                                                                                         federally enforceable under the CAA. In               cannot exceed 3,584 lb/hr for Unit 3.
                                                 D. RACM/RACT
                                                                                                         addition to these actual emission                     The results of EQ–1 are only valid when
                                                    CAA section 172(c)(1) requires that                  reductions in the Area of 5,100.554 tpy,              Unit 3 emissions are less than or equal
                                                 each attainment plan provide for the                    new SO2 emission limits were                          to 3,584 lb/hr.
                                                 implementation of all RACM as                           developed through air dispersion                      EQ–1: CH1SO2 Lim = ¥1.38E–04 ×
                                                 expeditiously as practicable for                        modeling (AERMOD) submitted by                             CH2SO22 ¥ 0.920 × CH2SO2 + 7100
                                                 attainment of the NAAQS. EPA                            PADEP as discussed below, and in
                                                 interprets RACM, including RACT,                                                                              Where:
                                                                                                         section IV.C. Air Quality Modeling of
                                                 under section 172, as measures that a                   this proposed rulemaking as well as in                CH1SO2 Lim: Chimney 1 SO2 lb/hr 30-day
                                                 state determines to be both reasonably                                                                           rolling average Limit
                                                                                                         the modeling TSD.
                                                 available and contribute to attainment                                                                        CH1SO2 Lim ≤7,362 lb/hr
                                                                                                            In order to ensure that the Beaver
                                                                                                                                                               CH2SO2: Chimney 2 SO2 lb/hr 30-day rolling
                                                 as expeditiously as practicable ‘‘for                   Area demonstrates attainment with the                    average.
                                                 existing sources in the area.’’ In                      SO2 NAAQS, PADEP asserts that the                     CH2SO2 ≤3,584 lb/hr
                                                 addition, CAA section 172(c)(6) requires                following combination of emission
                                                 plans to include enforceable emission                   limits at the Bruce Mansfield Facility                  Also, FirstEnergy is required by the
                                                 limitations and control measures as may                 are sufficient for the Beaver Area to                 COA to use its PADEP-certified CEMS to
                                                 be necessary or appropriate to provide                  meet the SO2 NAAQS and serve as                       demonstrate compliance with the new
                                                 for attainment by the attainment date.                  RACM/RACT. For the Bruce Mansfield                    emission restrictions as detailed in the
                                                    Pennsylvania’s September 29, 2017                    Facility, the new emission limits are                 COA (Paragraph 3.a. of the COA). In
                                                 submittal discusses federal and state                   established in a COA (see Appendix C                  accordance with the current version of
                                                 measures that will provide emission                     of the September 29, 2017 submittal)                  PADEP’s Continuous Source Monitoring
                                                 reductions leading to attainment and                    between PADEP and FirstEnergy for the                 Manual, FirstEnergy is required by the
                                                 maintenance of the 2010 SO2 NAAQS.                      Bruce Mansfield Facility, which PADEP                 COA to continue to provide quarterly
                                                 With regards to state rules,                            has also submitted for incorporation                  reports of emissions data as recorded by
                                                 Pennsylvania cites its low sulfur fuel                  into the SIP as permanently federally                 the CEMS to PADEP.
                                                 rules, which were SIP-approved on July                  enforceable limits under the CAA.                       Additionally, FirstEnergy shall
                                                 10, 2014 (79 FR 39330). Pennsylvania’s                     The Facility’s SO2 emission sources                achieve as detailed in the COA at least
                                                 low sulfur fuel oil provisions apply to                 include three coal-fired boilers (Unit 1,             a 95% removal efficiency from the FGDs
                                                 refineries, pipelines, terminals, retail                Unit 2, and Unit 3) that were included                following the general requirements
                                                 outlet fuel storage facilities, commercial              in the air dispersion modeling. The SO2               contained in 25 Pa. Code Chapter
                                                 and industrial facilities, and facilities               emissions from each of the three boilers              139.11. FirstEnergy shall annually test
                                                 with units burning regulated fuel oil to                are controlled by three individual Flue               for removal efficiency of the FGDs by
                                                 produce electricity and domestic home                   Gas Desulfurization (FGD) systems. Unit               using a combination of CEMS data and
                                                 heaters. These low sulfur fuel oil rules                1 and Unit 2 each vent through two                    coal sampling in accordance with the
                                                 reduce the amount of sulfur in fuel oils                flues within a common stack. Unit 3                   procedures outlined in 40 CFR part 60,
                                                 used in combustion units, thereby                       vents through two flues in the other                  Appendix A, Method 19. Three test runs
                                                 reducing SO2 emissions and the                          stack. To demonstrate compliance with                 shall be conducted concurrently in the
                                                 formation of sulfates that cause                        the 2010 1-hour SO2 NAAQS,                            two flues that feed each unit during the
                                                 decreased visibility.                                   FirstEnergy requested that the Unit 1                 annual tests. Each test run shall be a
                                                    Pennsylvania’s attainment plan                       and Unit 2 combined emission limit be                 minimum of sixty minutes in duration.
                                                 submittal discusses facility closures and               established as a function of the Unit 3               A report of the efficiency test shall be
                                                 facility-specific control measures.                     emission limit. On and after October 1,               provided annually to PADEP. The first
                                                 Pennsylvania’s submittal indicates that                 2018, FirstEnergy shall begin calculating             report shall be submitted within one (1)
                                                 two of the three largest sources in the                 a pound per hour (lb/hr) 30-operating                 year of the final execution of this COA
                                                 Beaver Area were permanently shut                       day rolling average SO2 emission rate                 and annually thereafter. FirstEnergy
                                                 down prior to January 2, 2017. The                      for Unit 1 (Source ID 031) and Unit 2                 shall maintain records of the operation
                                                 Horsehead facility closed in the spring                 (Source ID 032) from Chimney 1 (Stacks                of and emissions monitoring from the
                                                 of 2014 and has been demolished. AES                    S01–S04), and a lb/hr 30-operating day                FGDs, including the annual efficiency
                                                 Beaver Valley was a coal fired power                    rolling average SO2 emission rate for                 report.
                                                 plant that permanently shut down in the                 Unit 3 (Source ID 033) from Chimney 2                   The auxiliary boilers located at the
                                                 fall of 2015. Appendix A of the state                   (Stacks S05 and S06), using data from                 Bruce Mansfield Facility are limited by
                                                 submittal includes PADEP’s approval                     the PADEP-certified Continuous                        an existing federally enforceable
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                                                 letters of Emission Reduction Credits for               Emission Monitoring Systems (CEMS) at                 operating permit to a capacity factor of
                                                 these facilities which indicate                         the Bruce Mansfield Facility. The 30-                 less than 5% in any 12-consecutive
                                                 permanent facility closure. The Jewel                   operating day rolling average SO2                     month period. PADEP stated this
                                                 Facility is currently idled and has                     emissions rates shall be calculated using             existing federally enforceable limitation
                                                 agreed in a Consent Order and                           the procedures outlined in the Mercury                has reduced the potential to emit SO2 to
                                                 Agreement with PADEP that its                           and Air Toxics Standards (MATS)                       levels at which additional SO2 controls
                                                 Meltshop cannot emit any SO2                            regulations in 40 CFR parts 60 and 63.                are not feasible. Thus PADEP concluded
                                                 emissions unless additional modeling is                 The 30-operating day rolling average                  the permit restrictions are RACM and no


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                                                 50322                              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 further control is needed from these                                          for the SIP as necessary to assure                                          control strategy as demonstrated by the
                                                 auxiliary boilers for the Area to attain                                      attainment before the Jewel Facility                                        modeling analysis is sufficient for the
                                                 the NAAQS or to reflect RACT from                                             would be able to operate the Meltshop.                                      Beaver Area to attain the 2010 SO2
                                                 these boilers. EPA finds Pennsylvania’s                                       EPA is proposing here to approve the                                        NAAQS.
                                                 conclusion for the auxiliary boilers                                          requirement for zero emissions from the
                                                                                                                                                                                                             To establish the emission limit
                                                 reasonable given the existing permit                                          Meltshop as RACM/RACT; any
                                                                                                                                                                                                           equation (EQ–1) described earlier in this
                                                 limitations and low potential to emit                                         authorization of nonzero emissions from
                                                 SO2.                                                                          this Meltshop source would need to be                                       section, Pennsylvania conducted a
                                                   Operating restrictions are also placed                                      subject to EPA review as a SIP revision                                     modeling analysis that included eleven
                                                 on the Jewel Facility as RACM/RACT.                                           with required modeling analysis                                             modeling runs, supplemented with six
                                                 To ensure that the Beaver Area will                                           showing continued attainment of the                                         additional modeling runs performed by
                                                 demonstrate attainment with the 2010                                          NAAQS.                                                                      FirstEnergy, to determine the range of
                                                 1-hour SO2 NAAQS, the Jewel Facility                                             Based on the modeling analysis                                           emission rates for the three Units at the
                                                 has agreed to conditions in a COA                                             discussed in section V.C. Air Quality                                       Bruce Mansfield Facility that provide
                                                 which specifies zero SO2 emissions                                            Modeling above, the collective emission                                     for attainment. In each of these runs, the
                                                 from the Meltshop, which is the Jewel                                         limits and related compliance                                               model demonstrates that the respective
                                                 Facility Source ID 106. Other SO2                                             parameters for the Bruce Mansfield                                          set of hourly emissions would result in
                                                 emission sources at the facility were                                         Facility, along with the operating                                          the 5-year average of the 99th percentile
                                                 addressed in the modeling analysis as                                         restrictions at the Jewel Facility, have                                    of daily maximum hourly SO2
                                                 part of the ‘‘background’’ sources as                                         been proposed as RACM/RACT and for                                          concentrations below the level of the
                                                 discussed in section V. C. of this notice.                                    incorporation into the SIP, therefore                                       1-hour NAAQS. The modeling results
                                                 The COA also requires additional                                              making them federally enforceable.                                          are presented in Table 5.
                                                 modeling and SO2 emission limitations                                         PADEP asserts that this proposed

                                                        TABLE 5—SUMMARY OF AIR DISPERSION MODELING RESULTS FOR FIRSTENERGY BRUCE MANSFIELD 1-HOUR SO2
                                                                                           MODELED EMISSION VALUES
                                                                                                                                                                                                                                           Maximum
                                                                                                                                                                                                         Unit 1 & unit 2       Unit 3       modeled
                                                                                                                                                                                                           combined         1-hour SO2    1-hour SO2
                                                                                                                   Model run                                                                              1-hour SO2            rate      design con-
                                                                                                                                                                                                              rate             (lb/hr)     centration
                                                                                                                                                                                                             (lb/hr)                        (μg/m3)

                                                 1 ...................................................................................................................................................       10,282.70             0.00     196.17563
                                                 2 ...................................................................................................................................................        9,254.43           761.19     196.18089
                                                 3 ...................................................................................................................................................        8,226.16         1,482.72     196.17966
                                                 1FE * ............................................................................................................................................           7,484.24         2,006.14     196.18033
                                                 4 ...................................................................................................................................................        7,197.89         2,206.62     196.17977
                                                 2FE * ............................................................................................................................................           6,765.97         2,507.57     196.14426
                                                 5 ...................................................................................................................................................        6,169.62         2,885.44     196.18044
                                                 3FE * ............................................................................................................................................           5,952.47         3,009.17     196.07897
                                                 6 ...................................................................................................................................................        5,141.35         3,469.90     196.17912
                                                 4FE * ............................................................................................................................................           5,051.66         3,510.68     196.11106
                                                 7 ...................................................................................................................................................        4,113.08         3,985.46     196.17974
                                                 5FE * ............................................................................................................................................           4,015.93         4,012.20     196.04158
                                                 8 ...................................................................................................................................................        3,084.81         4,407.53     196.18032
                                                 6FE * ............................................................................................................................................           2,857.18         4,513.72     196.10031
                                                 9 ...................................................................................................................................................        2,056.54         4,743.88     196.18082
                                                 10 .................................................................................................................................................         1,028.27         4,956.43     196.18081
                                                 11 .................................................................................................................................................             0.00         5,041.58     196.17832
                                                    * FirstEnergy model run.


                                                   FirstEnergy developed adjustment                                            more representative correction factor for                                   these comparisons.’’ In addition, Unit
                                                 factors to convert the 1-hour emission                                        Unit 1. It was noted in Pennsylvania’s                                      2’s adjustment factors of 0.717 is very
                                                 rates (Table 5) to comparably stringent                                       submittal that Unit 2’s hourly emissions                                    similar to the average adjustment factor
                                                 30-operating day emission rates for each                                      have a tendency to be higher more                                           for 30-day emission values (0.71) listed
                                                 unit at the Bruce Mansfield Facility. To                                      frequently than Unit 1. Given this fact,                                    in Appendix D of EPA’s SO2
                                                 do this, historic operating data for 2012–                                    Pennsylvania asserted that applying the                                     Nonattainment Guidance for sources
                                                 2016 from EPA’s Clean Air Markets                                             adjustment factor developed for Unit 2                                      with wet scrubbers (the same control
                                                 Database (CAMD) were used in                                                  (higher frequency of higher emissions)                                      technology that Unit 1 and 2 have in
                                                 accordance with the methods EPA                                               to Unit 1 will continue to protect the                                      place). For these reasons, EPA believes
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                                                 recommended in Appendix C and                                                 NAAQS. EPA’s SO2 Nonattainment                                              it is appropriate to utilize 0.717 as the
                                                 Appendix D of EPA’s 2014 SO2                                                  Guidance allows for using a unit more                                       adjustment factor for Unit 1.
                                                 Nonattainment Guidance. The SO2                                               representative of planned operations                                           The unit specific adjustment factors
                                                 emission limit adjustment factor was                                          going forward under the newly                                               (0.717 for Units 1 and 2, and 0.794 for
                                                 calculated as 0.59 for Unit 1, 0.717 for                                      established emission limits stating ‘‘. . .                                 Unit 3) were multiplied by the 1-hour
                                                 Unit 2, and 0.794 for Unit 3. The                                             data from other sources of comparable                                       modeled emission rates shown in Table
                                                 adjustment factor for Unit 2 was applied                                      source type, size, operation, fuel, and                                     5, resulting in the corresponding 30-day
                                                 to Unit 1 as First Energy deemed it a                                         control type may be more useful for                                         average emission rates shown in


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                                                                                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                                               50323

                                                 columns three and five in Table 6.                                           run, Table 6 shows the modeled                          average sum of Units 1 and 2 emissions
                                                 These corresponding 30-day average                                           emission rates for Units 1 + 2 (reflecting              that was calculated as comparably
                                                 emission rates show a series of 30-day                                       the sum of emissions from the two                       stringent to the modeled 1-hour sum of
                                                 average limits for Units 1 and 2                                             units) and for Unit 3, along with the                   Units 1 and 2 emissions. For a full range
                                                 combined emissions and for Unit 3                                            corresponding 30-day average emission                   of cases, Pennsylvania demonstrated
                                                 emissions, respectively. Pennsylvania                                        rates. EPA calculated the sixth column                  that its equation required a level of
                                                 then determined an equation (EQ–1),                                          of Table 6 by plugging in the Unit 3 30-                emissions that is lower than the level
                                                 identified above, that can be used to                                        day average emission rates (from the                    (adjusted to reflect comparable
                                                 interpolate additional combinations of                                       fifth column, Table 6) into the equation,               stringency) demonstrated to result in
                                                 emissions that would also result in                                          and determining the limit for Units 1                   attainment. In other words, the equation
                                                 attainment.                                                                  and 2. In three cases, the entry in the                 (EQ–1) used to calculate the 30-day
                                                    Table 6 addresses the relationship                                        sixth column is ‘‘Disallowed,’’ because                 average limits is slightly more stringent
                                                 between the modeling results and                                             the emission rate for Unit 3 is higher                  than the comparably stringent adjusted
                                                 Pennsylvania’s emission limit in                                             than the 30-operating day average limit                 30-day average limits. By this means,
                                                 particular addressing whether the                                            (3,584 lbs/hr) that independently                       Pennsylvania demonstrated that the
                                                 modeling demonstrates that                                                   applies to Unit 3. An important feature                 compliance equation that it adopted,
                                                 Pennsylvania’s compliance equation                                           of Table 6 is that the limit on the sum                 supplemented by independent limits on
                                                 provides for attainment throughout the                                       of emissions from Units 1 and 2                         the emissions of Unit 3 and on the sum
                                                 range of possible combinations of                                            computed using the equation (EQ–1), in                  of emissions from Units 1 and 2,
                                                 allowable emissions. For each model                                          all cases is lower than the 30-day                      provides for attainment.

                                                                                   TABLE 6—FIRSTENERGY BRUCE MANSFIELD 30-DAY AVERAGE SO2 EMISSION LIMITS
                                                                                                                                                                                                                             30-day
                                                                                                                                                                                                                         average SO2
                                                                                                                                                                                                                             limit for
                                                                                                                                                              Corresponding                       Corresponding           units 1 + 2
                                                                                                                                            Modeled               30-day           Modeled            30-day               based on
                                                                                                                                           emissions             average          emissions          average                 30-day
                                                                                    Model run                                               for units           emissions         for unit 3        emissions               average
                                                                                                                                              1+2                for units          (lb/hr)         for unit 3             equivalent
                                                                                                                                             (lb/hr)               1+2                               (lb/hr) **           to modeled
                                                                                                                                                                 (lb/hr) **                                                    unit 3
                                                                                                                                                                                                                           emissions
                                                                                                                                                                                                                            (lb/hr) ***

                                                 1 .....................................................................................         10,282.70          7,372.70              0.00               0.00                  7100.0
                                                 2 .....................................................................................          9,254.43          6,635.43            761.19             604.38                  6493.6
                                                 3 .....................................................................................          8,226.16          5,898.16          1,482.72           1,177.28                  5825.6
                                                 1FE * ...............................................................................            7,484.24          5,366.20          2,006.14           1,592.88                  5284.4
                                                 4 .....................................................................................          7,197.89          5,160.89          2,206.62           1,752.06                  5064.5
                                                 2FE * ...............................................................................            6,765.97          4,851.20          2,507.57           1,991.01                  4721.2
                                                 5 .....................................................................................          6,169.62          4,323.62          2,885.44           2,291.04                  4267.9
                                                 3FE * ...............................................................................            5,952.47          4,267.92          3,009.17           2,389.28                  4114.1
                                                 6 .....................................................................................          5,141.35          3,686.35          3,469.90           2,755.10                  3517.8
                                                 4FE * ...............................................................................            5,051.66          3,622.04          3,510.68           2,787.48                  3463.3
                                                 7 .....................................................................................          4,113.08          2,949.08          3,985.46           3,164.46                  2806.8
                                                 5FE * ...............................................................................            4,015.93          2,879.42          4,012.20           3,185.69                  2768.7
                                                 8 .....................................................................................          3,084.81          2,211.81          4,407.53           3,499.58                  2190.3
                                                 6FE * ...............................................................................            2,857.18          2,048.60          4,513.72           3,583.89                  2030.3
                                                 9 .....................................................................................          2,056.54          1,474.54          4,743.88           3,766.64              Disallowed
                                                 10 ...................................................................................           1,028.27            737.27          4,956.43           3,935.41              Disallowed
                                                 11 ...................................................................................               0.00              0.00          5,041.58           4,003.01              Disallowed
                                                   * FirstEnergy model run.
                                                   ** Corresponding 30-day average emission rates were calculated by multiplying the modeled 1-hour emission rates from Table 5 by PADEP’s
                                                 adjustment ratios (0.717 for Units 1 and 2; 0.794 for Unit 3).
                                                   *** The limit that would result from the compliance equation (EQ–1) using the Unit 3 30-operating day average emission rate that corresponds
                                                 to the modeled 1-hour rate (from fifth column of this table).


                                                   EPA’s guidance for longer term                                             the frequency of elevated emissions.                    emissions formula for 0.50% of the
                                                 average limits states that plans based on                                    This analysis used 2012–2016 CAMD                       hours.9 PADEP’s CEV analysis is
                                                 such limits can be considered to provide                                     data. Pennsylvania established a limit
                                                 for attainment where appropriate as                                          based on an equation involving the                        9 Appendix E–1 of Pennsylvania’s September 29,

                                                 long as the longer term limit is                                             emissions from multiple units. The                      2017 submittal included a statement that ‘‘[p]rior to
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                                                 comparably stringent to the 1-hour limit                                     equation was derived from the modeled                   the implementation of the new emissions limits
                                                                                                                                                                                      associated with the 2010 standard, the occasions
                                                 that would otherwise be set, and as long                                     CEV values (from Table 5). These values                 when emissions have exceeded the proposed CEVs
                                                 as EPA can have reasonable confidence                                        were used to develop a polynomial                       have been relatively few. In fact, it has only
                                                 that occasions of emissions above the                                        equation which was plotted on a graph                   occurred 13% of the time during the period of
                                                 CEV will be limited in frequency and                                         and compared to the 2012–2016 CAMD                      2012–2016.’’ Pennsylvania submitted a correction
                                                                                                                                                                                      to this statement and the corresponding emissions
                                                 magnitude. To address this latter                                            data. This comparison demonstrates that                 analysis on June 11, 2018 via email which is
                                                 criterion, Pennsylvania has provided an                                      during 2012–2016, the Bruce Mansfield                   included in Docket ID No. EPA–R03–OAR–2017–
                                                 analysis of historic emissions, assessing                                    Facility only exceeded the 1 hour                                                                   Continued




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                                                 50324                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 provided in an excel spreadsheet in the                 that Pennsylvania has satisfied the                   in this plan some sources in the area did
                                                 Docket at www.regulations.gov.                          requirements in CAA sections 172(c)(1)                not have any emissions for several years
                                                    Accordingly, EPA believes that                       and 172(c)(6) to adopt and submit all                 while other sources still in operation
                                                 PADEP has demonstrated that its limit                   RACM and enforceable emission                         such as the Bruce Mansfield and Jewel
                                                 for the Bruce Mansfield facility will                   limitations and control measures as                   facilities will have new limits effective
                                                 assure that occasions of emissions                      needed to attain the standard as                      October 1, 2018. However, air quality
                                                 exceeding critical levels will be limited.              expeditiously as practicable.                         data in this area has shown attainment
                                                 More generally, EPA believes that                                                                             of the NAAQS since 2015. Also based
                                                 PADEP has met EPA’s recommended                         E. RFP Plan
                                                                                                                                                               on air quality modeling reviewed by
                                                 criteria for longer term average limits                    Section 172(c)(2) of the CAA requires              EPA, the new limits and shutdowns
                                                 and believes that the emission limits                   that an attainment plan includes a                    result in modeled attainment of the SO2
                                                 proposed by PADEP for the Bruce                         demonstration that shows reasonable                   NAAQS for the Beaver Area. Therefore,
                                                 Mansfield Facility will provide                         further progress (i.e., RFP) for meeting              EPA has determined that PADEP’s SO2
                                                 reasonable assurance that the Area will                 air quality standards will be achieved                attainment plan for the Beaver Area
                                                 attain the standard.                                    through generally linear incremental                  fulfills the RFP requirements for the
                                                    Additional information on the                        improvement in air quality. Section                   Area. EPA does not anticipate future
                                                 development of the adjustment factor                    171(1) of the CAA defines RFP as ‘‘such               nonattainment, or that the Area will not
                                                 and limits, including statistical analyses              annual incremental reductions in                      meet the October 4, 2018 attainment
                                                 performed to develop the limits in                      emissions of the relevant air pollutant as            date. EPA proposes to approve
                                                 accordance with the 2014 SO2                            are required by this part (part D) or may             Pennsylvania’s attainment plan with
                                                 Nonattainment Guidance, can be found                    reasonably be required by EPA for the                 respect to the RFP requirements.
                                                 in Section IV: Control Strategies and in                purpose of ensuring attainment of the
                                                 Appendices D and E of the                               applicable NAAQS by the applicable                    F. Contingency Measures
                                                 Pennsylvania attainment plan submittal                  attainment date.’’ As stated originally in               In accordance with section 172(c)(9)
                                                 of September 29, 2017. These                            the 1994 SO2 Guidelines Document 10                   of the CAA, contingency measures are
                                                 adjustment factors are reasonably                       and repeated in the 2014 SO2                          required as additional measures to be
                                                 consistent with the average adjustment                  Nonattainment Guidance, EPA                           implemented in the event that an area
                                                 factor identified in Appendix D of the                  continues to believe that this definition             fails to meet the RFP requirements or
                                                 2014 SO2 Nonattainment Guidance for                     is most appropriate for pollutants that               fails to attain the standard by its
                                                 units controlled with wet FGDs (an                      are emitted from numerous and diverse                 attainment date. These measures must
                                                 adjustment factor of 0.71). EPA                         sources, where the relationship between               be fully adopted rules or control
                                                 reviewed the modeling which shows the                   particular sources and ambient air                    measures that can be implemented
                                                 Beaver Area attaining the NAAQS with                    quality are not directly quantified. In               quickly and without additional EPA or
                                                 these limits at the Bruce Mansfield                     such cases, emissions reductions may be               state action if the area fails to meet RFP
                                                 Facility and reviewed the methodology                   required from various types and                       requirements or fails to meet its
                                                 used to develop the 30-operating day                    locations of sources. The relationship                attainment date, and should contain
                                                 limits and agrees that the limits are                   between SO2 and sources is much more                  trigger mechanisms and an
                                                 reasonable and follow EPA’s 2014 SO2                    defined, and usually there is a single                implementation schedule. However,
                                                 Nonattainment Guidance. EPA is                          step between pre-control nonattainment                SO2 presents special considerations. As
                                                 proposing to approve the emission                       and post-control attainment. Therefore,               stated in the final 2010 SO2 NAAQS
                                                 limits for the Bruce Mansfield Facility                 EPA interpreted RFP for SO2 as                        promulgation on June 22, 2010 (75 FR
                                                 Units 1, 2 and 3 as representing RACM/                  adherence to an ambitious compliance                  35520) and in the 2014 SO2
                                                 RACT.                                                   schedule in both the 1994 SO2                         Nonattainment Guidance, EPA
                                                    EPA finds that the proposed SO2                      Guideline Document and the 2014 SO2                   concluded that because of the
                                                 control strategy at the Bruce Mansfield                 Nonattainment Guidance. The control                   quantifiable relationship between SO2
                                                 Facility and Jewel Facility, the only                   measures for attainment of the 2010 SO2               sources and control measures, it is
                                                 remaining significant SO2 sources in the                NAAQS included in Pennsylvania’s                      appropriate that state agencies develop
                                                 Area after the closure of Horsehead and                 submittal have been modeled to achieve                a comprehensive program to identify
                                                 AES Beaver Valley, constitute RACM/                     attainment of the NAAQS. The SO2                      sources of violations of the SO2 NAAQS
                                                 RACT for sources in the Beaver Area                     emission reductions from the permanent                and undertake an aggressive follow-up
                                                 based on the modeling analysis                          shutdowns at Horsehead and AES                        for compliance and enforcement.
                                                 previously described which                              Beaver Valley along with the COAs                        The Bruce Mansfield Facility COA
                                                 demonstrates the Beaver Area is                         including specific emission limits and                (see Appendix C of the September 29,
                                                 projected to attain the SO2 NAAQS by                    compliance parameters which are                       2017 submittal) contains the following
                                                 the 2018 attainment date. Furthermore,                  effective at the Bruce Mansfield Facility             measures that are designed to keep the
                                                 with our final approval of                              on October 1, 2018, and operating                     Area from triggering an exceedance or
                                                 Pennsylvania’s attainment plan, the                     restrictions on the Jewel Facility                    violation of the SO2 NAAQS: (1) If the
                                                 emission limits described for the three                 effective on October 1, 2018, show the                SO2 emissions from Units 1, 2 or 3
                                                 units at the Bruce Mansfield Facility                   resulting emission reductions to be                   exceed 99% of the limits set forth in
                                                 and corresponding compliance                            achieved as expeditiously as practicable              paragraph 3A of the COA, FirstEnergy
                                                 parameters found in the COA for the                     for the Area. EPA guidance recommends                 shall, within 48 hours, begin a full
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                                                 Bruce Mansfield Facility as well as the                 a compliance date of January 1, 2017 for              system audit of Units 1, 2, and 3 SO2
                                                 operating restrictions on the Jewel                     purposes of providing for a calendar                  controls. The audit shall document the
                                                 Facility will become permanent and                      year of meeting the standard, however                 operating parameters of the sources and
                                                 enforceable SIP measures to meet the                                                                          their control devices and evaluate
                                                 requirements of the CAA. EPA proposes
                                                                                                           10 SO Guideline Document, U.S. Environmental
                                                                                                                 2                                             whether the units and control devices
                                                                                                         Protection Agency, Office of Air Quality Planning     were operating effectively. If the units
                                                                                                         and Standards, Research Triangle Park, NC 27711,
                                                 0681. EPA has reviewed the correction and agrees        EPA–452/R–94–008, February 1994. Located at:          and/or control devices were not
                                                 with the assessment.                                    http://www.epa.gov/ttn/oarpg/t1pgm.html.              operating effectively, FirstEnergy shall


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                                                                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                                   50325

                                                 identify corrective actions to be                       the operational status of the Meltshop                 for the construction and operation of
                                                 implemented to ensure that the limits in                within 10 days of the notice.                          new or modified major stationary
                                                 Paragraph 3(a) of the COA are not                          Additionally, PADEP states in its                   sources in a nonattainment area.
                                                 exceeded. Only one audit in a seven                     attainment plan that if PADEP identifies               Pennsylvania has a fully implemented
                                                 operating day period is required if SO2                 a 1-hour daily maximum concentration                   Nonattainment New Source Review
                                                 emissions from Units 1, 2, and 3 exceed                 at a PADEP operated SO2 ambient air                    (NNSR) program for criteria pollutants
                                                 99% of the limits in Paragraph 3(a) of                  quality monitor in the Beaver Area that                in 25 Pennsylvania Code Chapter 127,
                                                 the COA. The audit shall be                             registers a concentration exceeding 75                 Subchapter E, which was originally
                                                 documented and records maintained on                    ppb, PADEP would proceed with the                      approved into the Pennsylvania SIP on
                                                 site, and a report documenting the audit                following actions and enforcement as                   December 9, 1997 (62 FR 64722). On
                                                 provided to PADEP within 45 days of                     appropriate: (1) Within 5 business days,               May 14, 2012 (77 FR 28261), EPA
                                                 completing the audit. (2) At any time                   the PADEP Bureau of Air Quality                        approved a SIP revision pertaining to
                                                 after October 1, 2018, if any PADEP SO2                 Monitoring Division will contact the Air               the pre-construction permitting
                                                 monitor within the Beaver Area                          Resource Management Division Chief                     requirements of Pennsylvania’s NNSR
                                                 measures a 1-hour concentration                         and the Southwest Regional Office                      program to update the regulations to
                                                 exceeding 75 ppb, PADEP will notify                     (SWRO) Air Program Manager to report                   meet EPA’s 2002 NSR reform
                                                 the Jewel Facility, Koppel, Shell, and                  the monitored value. (2) Within 5                      regulations. EPA then approved an
                                                 FirstEnergy in writing. A 1-hour SO2                    business days, SWRO staff will contact                 update to Pennsylvania’s NNSR
                                                 concentration that exceeds 75 ppb at                    FirstEnergy and the Jewel Facility, if                 regulations on July 13, 2012 (77 FR
                                                 any PADEP SO2 monitor in the Beaver                     reactivated, to trigger the                            41276). These rules provide for
                                                 Area will be a ‘‘daily exceedance.’’                    implementation of their contingency                    appropriate new source review as
                                                 FirstEnergy shall identify whether Unit                 measures found in the COAs. If                         required by CAA sections 172(c)(5) and
                                                 1, Unit 2, and/or Unit 3 were running                   necessary, section 4(27) of the                        173 and 40 CFR 51.165 for SO2 sources
                                                 at the time of the exceedance and within                Pennsylvania Air Pollution Control Act                 undergoing construction or major
                                                 a reasonable time period leading up to                  (APCA), 35 P.S. § 4004(27), authorizes                 modification in the Beaver Area without
                                                 the exceedance. If Unit 1, Unit 2, and/                 PADEP to take any action it deems                      need for modification of the approved
                                                 or Unit 3 were running at the time of the               necessary or proper for the effective                  rules. Therefore, EPA concludes that the
                                                 exceedance, and within a reasonable                     enforcement of the APCA and the rules                  Pennsylvania SIP meets the
                                                 time period leading up to the                           and regulations promulgated under the                  requirements of section 172(c)(5) for this
                                                 exceedance, FirstEnergy shall perform                   APCA. Such actions include the                         Area.
                                                 an analysis of meteorological data on                   issuance of orders (i.e., enforcement
                                                                                                         orders and orders to take corrective                   VI. EPA’s Proposed Action
                                                 the day the daily exceedance occurred
                                                 to ensure that the daily exceedance was                 action to address air pollution or the                    EPA is proposing to approve
                                                 not due to SO2 emissions from that                      danger of air pollution from a source)                 Pennsylvania’s SIP revision, its
                                                 source. The meteorological data analysis                and the assessment of civil penalties. A               attainment plan for the Beaver Area, as
                                                 may include trajectories run at three                   more detailed description of the                       submitted through PADEP to EPA on
                                                 different heights (one at stack height                  contingency measures can be found in                   September 29, 2017, for the purpose of
                                                 and two more within the boundary                        section VIII of the September 27, 2017                 demonstrating attainment of the 2010 1-
                                                 layer) by NOAA’s Hysplit program or an                  submittal as well as in the COAs                       hour SO2 NAAQS. Specifically, EPA is
                                                 equivalent program, hourly                              included in the submittal and included                 proposing to approve the base year
                                                 meteorological data collected at the                    for incorporation by reference into the                emissions inventory, a modeling
                                                 FirstEnergy Beaver Valley nuclear                       SIP.                                                   demonstration of SO2 attainment, an
                                                                                                            EPA is proposing to find that                       analysis of RACM/RACT, an RFP plan,
                                                 power station to determine stability
                                                                                                         Pennsylvania’s September 29, 2017                      and contingency measures for the
                                                 parameters within the river valley, and/
                                                                                                         submittal includes sufficient measures                 Beaver Area and is proposing that the
                                                 or an analysis of Pittsburgh
                                                                                                         to expeditiously identify the source of                Pennsylvania SIP has met requirements
                                                 International Airport’s radiosonde data
                                                                                                         any violation of the SO2 NAAQS and for                 for NSR for the 2010 1-hour SO2
                                                 and modeled upper air data. The overall
                                                                                                         aggressive follow-up including                         NAAQS. Additionally, EPA is proposing
                                                 goal of the meteorological data analysis
                                                                                                         enforcement measures within PADEP’s                    to approve into the Pennsylvania SIP
                                                 is to investigate if emissions from the
                                                                                                         authority under the APCA as necessary.                 specific SO2 emission limits and
                                                 source could have potentially mixed
                                                                                                         Therefore, EPA proposes that the                       compliance parameters and control
                                                 down to the SO2 monitor measuring the
                                                                                                         contingency measures submitted by                      measures established for the SO2
                                                 exceedance. The source’s finding must
                                                                                                         Pennsylvania follow the 2014 SO2                       sources impacting the Beaver Area.
                                                 be submitted in writing to PADEP
                                                                                                         Nonattainment Guidance and meet the                       EPA has determined that
                                                 within 45 days of PADEP notifying
                                                                                                         section 172(c)(9) requirements.                        Pennsylvania’s SO2 attainment plan for
                                                 FirstEnergy. These measures will be
                                                 incorporated into the Pennsylvania SIP                  G. New Source Review 11                                the 2010 1-hour SO2 NAAQS for Beaver
                                                 upon EPA’s final approval of this                         Section 172(c)(5) of the CAA requires
                                                 attainment plan.                                                                                               not in attainment of the NAAQS —‘‘nonattainment
                                                                                                         that an attainment plan require permits                areas.’’ The Minor NSR program addresses
                                                    There is also one contingency                                                                               construction or modification activities that do not
                                                 measure pertaining to the Jewel Facility.                  11 The CAA new source review (NSR) program is       qualify as ‘‘major’’ and applies regardless of the
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                                                 According to the COA with the facility,                 composed of three separate programs: Prevention of     designation of the area in which a source is located.
                                                                                                         significant deterioration (PSD), Nonattainment NSR     Together, these programs are referred to as the NSR
                                                 if the Jewel Facility Meltshop is                       (NNSR), and Minor NSR. PSD is established in part      programs. Section 173 of the CAA lays out the
                                                 reactivated and if any of PADEP’s                       C of title I of the CAA and applies in undesignated    NNSR program for preconstruction review of new
                                                 monitors in the Beaver Area measure a                   areas and areas that meet the NAAQS— designated        major sources or major modifications to existing
                                                 1-hour SO2 concentration of 75 ppb or                   ‘‘attainment areas’’—as well as areas where there is   sources, as required by CAA section 172(c)(5). The
                                                                                                         insufficient information to determine if the area      programmatic elements for NNSR include, among
                                                 greater, PADEP will notify the Jewel                    meets the NAAQS—designated ‘‘unclassifiable            other things, compliance with the lowest achievable
                                                 Facility both verbally and in writing.                  areas.’’ The NNSR program is established in part D     emissions rate and the requirement to obtain
                                                 The Jewel Facility shall notify PADEP of                of title I of the CAA and applies in areas that are    emissions offsets.



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                                                 50326                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 County meets the applicable                             of the Paperwork Reduction Act (44                    SURFACE TRANSPORTATION BOARD
                                                 requirements of the CAA and EPA’s                       U.S.C. 3501 et seq.);
                                                 2014 SO2 Nonattainment Guidance.                                                                              49 CFR Part 1152
                                                                                                            • Is certified as not having a
                                                 Thus, EPA is proposing to approve                       significant economic impact on a
                                                 Pennsylvania’s attainment plan for the                                                                        [Docket No. EP 749; Docket No. EP 749
                                                                                                         substantial number of small entities
                                                 Beaver Area as submitted on September                                                                         (Sub-No. 1)]
                                                                                                         under the Regulatory Flexibility Act (5
                                                 29, 2017. EPA’s analysis for this
                                                 proposed action is discussed in Section                 U.S.C. 601 et seq.);                                  National Association of Reversionary
                                                 V of this proposed rulemaking. EPA is                      • Does not contain any unfunded                    Property Owners—Petition for
                                                 soliciting public comments on the                       mandate or significantly or uniquely                  Rulemaking; Limiting Extensions of
                                                 issues discussed in this document.                      affect small governments, as described                Trail Use Negotiating Periods
                                                 These comments will be considered                       in the Unfunded Mandates Reform Act
                                                 before taking final action. Final                                                                             AGENCY:   Surface Transportation Board.
                                                                                                         of 1995 (Pub. L. 104–4);
                                                 approval of this SIP submittal will                                                                           ACTION:   Notice of proposed rulemaking.
                                                                                                            • Does not have federalism
                                                 remove EPA’s duty to promulgate and
                                                                                                         implications as specified in Executive                SUMMARY:   The Surface Transportation
                                                 implement a FIP for this Area.
                                                                                                         Order 13132 (64 FR 43255, August 10,                  Board (Board) grants in part a petition
                                                 VII. Incorporation by Reference                         1999);                                                by the National Association of
                                                   In this document, EPA is proposing to                    • Is not an economically significant               Reversionary Property Owners (NARPO)
                                                 include regulatory text in a final rule                 regulatory action based on health or                  and opens a proceeding in Docket No.
                                                 that includes incorporation by                          safety risks subject to Executive Order               EP 749 (Sub-No. 1) to consider revising
                                                 reference. In accordance with                           13045 (62 FR 19885, April 23, 1997);                  regulations related to the National Trails
                                                 requirements of 40 CFR 51.5, EPA is                                                                           System Act. The Board proposes to
                                                 proposing to incorporate by reference                      • Is not a significant regulatory action           modify its regulations to limit the
                                                 the portions of the COAs entered                        subject to Executive Order 13211 (66 FR               number of 180-day extensions of a trail
                                                 between Pennsylvania and FirstEnergy                    28355, May 22, 2001);                                 use negotiating period to a maximum of
                                                 and Pennsylvania and Jewel included in                     • Is not subject to requirements of                six extensions, absent extraordinary
                                                 the PADEP submittal of September 29,                    section 12(d) of the National                         circumstances.
                                                 2017 that are not redacted. This                        Technology Transfer and Advancement                   DATES:  Comments are due by November
                                                 includes emission limits and associated                 Act of 1995 (15 U.S.C. 272 note) because              1, 2018; replies are due by November
                                                 compliance parameters, recording-                       application of those requirements would               21, 2018.
                                                 keeping and reporting, and contingency                  be inconsistent with the CAA; and
                                                 measures. EPA has made, and will                                                                              ADDRESSES: Comments and replies may
                                                                                                            • Does not provide EPA with the                    be submitted either via the Board’s e-
                                                 continue to make, these materials
                                                                                                         discretionary authority to address, as                filing format or in paper format. Any
                                                 generally available through http://
                                                 www.regulations.gov and at the EPA                      appropriate, disproportionate human                   person using e-filing should attach a
                                                 Region III Office (please contact the                   health or environmental effects, using                document and otherwise comply with
                                                 person identified in the FOR FURTHER                    practicable and legally permissible                   the instructions found on the Board’s
                                                 INFORMATION CONTACT section of this                     methods, under Executive Order 12898                  website at ‘‘www.stb.gov’’ at the ‘‘E–
                                                 preamble for more information).                         (59 FR 7629, February 16, 1994).                      FILING’’ link. Any person submitting a
                                                                                                            In addition, this proposed rule,                   filing in paper format should send an
                                                 VIII. Statutory and Executive Order                                                                           original and 10 paper copies of the filing
                                                 Reviews                                                 concerning the SO2 attainment plan for
                                                                                                         the Beaver nonattainment area in                      to: Surface Transportation Board, Attn:
                                                   Under the CAA, the Administrator is                   Pennsylvania, does not have tribal                    Docket No. EP 749 (Sub-No. 1), 395 E
                                                 required to approve a SIP submission                    implications as specified by Executive                Street SW, Washington, DC 20423–0001.
                                                 that complies with the provisions of the                Order 13175 (65 FR 67249, November 9,                 FOR FURTHER INFORMATION CONTACT:
                                                 CAA and applicable federal regulations.                                                                       Sarah Fancher, (202) 245–0355.
                                                                                                         2000), because the SIP is not approved
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                           Assistance for the hearing impaired is
                                                                                                         to apply in Indian country located in the
                                                 Thus, in reviewing SIP submissions,                                                                           available through the Federal
                                                 EPA’s role is to approve state choices,                 state, and EPA notes that it will not
                                                                                                         impose substantial direct costs on tribal             Information Relay Service (FIRS) at
                                                 provided that they meet the criteria of                                                                       (800) 877–8339.
                                                 the CAA. Accordingly, this action                       governments or preempt tribal law.
                                                                                                                                                               SUPPLEMENTARY INFORMATION: On June
                                                 merely approves state law as meeting                    List of Subjects in 40 CFR Part 52
                                                 federal requirements and does not                                                                             14, 2018, NARPO filed a petition for
                                                 impose additional requirements beyond                     Environmental protection, Air                       rulemaking requesting that the Board
                                                 those imposed by state law. For that                    pollution control, Incorporation by                   consider issuing three rules related to 16
                                                 reason, this proposed action:                                                                                 U.S.C. 1247(d), the codification of
                                                                                                         reference, Reporting and recordkeeping
                                                   • Is not a ‘‘significant regulatory                                                                         section 8(d) of the National Trails
                                                                                                         requirements, Sulfur oxides.
                                                 action’’ subject to review by the Office                                                                      System Act (Trails Act), Public Law 90–
                                                                                                           Authority: 42 U.S.C. 7401 et seq.                   543, section 8, 82 Stat. 919 (1968).
                                                 of Management and Budget under
                                                 Executive Orders 12866 (58 FR 51735,                      Dated: September 24, 2018.                          Specifically, NARPO asks that the Board
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 October 4, 1993) and 13563 (76 FR 3821,                 Cosmo Servidio,
                                                                                                                                                               open a proceeding to consider rules that
                                                 January 21, 2011);                                                                                            would: (1) Limit the number of 180-day
                                                                                                         Regional Administrator, Region III.                   extensions of a trail use negotiating
                                                   • Is not an Executive Order 13771 (82                 [FR Doc. 2018–21667 Filed 10–4–18; 8:45 am]
                                                 FR 9339, February 2, 2017) regulatory                                                                         period to six; (2) require a rail carrier or
                                                 action because SIP approvals are                        BILLING CODE 6560–50–P                                trail sponsor negotiating an interim trail
                                                 exempted under Executive Order 12866;                                                                         use agreement to send notice of the
                                                   • Does not impose an information                                                                            issuance of a Certificate of Interim Trail
                                                 collection burden under the provisions                                                                        Use (CITU) or Notice of Interim Trail


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Document Created: 2018-10-05 01:52:28
Document Modified: 2018-10-05 01:52:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before November 5, 2018.
ContactMegan Goold (215) 814-2027, or by email at [email protected]
FR Citation83 FR 50314 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Reporting and Recordkeeping Requirements and Sulfur Oxides

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