[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Proposed Rules]
[Pages 30342-30345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11753]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0185; FRL-8571-5]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002
Base-Year Inventory for the Lawrence County Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. The
Pennsylvania Department of Environmental Protection (PADEP) submitted a
SIP revision consisting of a maintenance plan that provides for
continued attainment of the 8-hour ozone national ambient air quality
standard (NAAQS) for at least 10 years after the April 30, 2004
designations, as well as a 2002 base-year inventory for the Lawrence
County Area. EPA is proposing approval of the maintenance plan and the
2002 base-year inventory in accordance with the requirements of the
Clean Air Act (CAA).
DATES: Written comments must be received on or before June 26, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0185 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2008-0097, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0185. EPA's policy is that all comments
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received will be included in the public docket without change, and may
be made available online at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through http://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Melissa Linden, (215) 814-2096, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: On December 17, 2007, PADEP formally
submitted for approval, under section 110(a)(1) of the CAA, a SIP
revision for the 8-hour ozone maintenance plan and the 2002 base-year
inventory for the Lawrence County Area.
I. Background
Section 110(a)(1) of the CAA requires that states submit to EPA
plans to maintain the NAAQS promulgated by EPA. EPA interprets this
provision to require that areas that were maintenance areas for the 1-
hour ozone NAAQS, but attainment for the 8-hour ozone NAAQS, submit a
plan to demonstrate the continued maintenance of the 8-hour ozone
NAAQS.
On May 20, 2005, EPA issued guidance that applies to areas that are
designated unclassifiable/attainment for the 8-hour ozone standard. The
purpose of this guidance is to address the maintenance requirements in
section 110(a)(1) of the CAA, and to assist the states in the
development of a SIP. The components from EPA's guidance include:
(1) An attainment emissions inventory, which is based on actual
``typical summer day'' emissions of volatile organic compounds (VOCs)
and nitrogen oxides (NOX) for a 10-year maintenance period,
from a base-year chosen by the state; (2) a maintenance demonstration,
which demonstrates how the area will remain in compliance with the 8-
hour ozone standard for a period of 10 years following the effective
date of designation unclassifiable/attainment (June 15, 2004); (3) an
ambient air monitoring network, which will be in continuous operation
in accordance with 40 CFR Part 58 to verify maintenance of the 8-hour
ozone standard; (4) a contingency plan, that will ensure that in the
event of a violation of the 8-hour ozone NAAQS, measures will be
implemented as promptly as possible; and (5) a verification of
continued attainment, indicating how the state intends on tracking the
progress of the maintenance plan.
II. Summary of SIP Revision
The Commonwealth of Pennsylvania has requested approval of its 8-
hour ozone maintenance plan and 2002 base-year inventory for the
Lawrence County Area. The PADEP 8-hour ozone maintenance plan addresses
the five components of EPA's May 20, 2005 guidance, which pertains to
the maintenance requirements in section 110(a)(1) of the CAA.
Attainment Emission Inventory: An attainment emissions inventory
includes emissions during the time period associated with the
monitoring data showing attainment. PADEP has provided an emissions
inventory for VOCs and NOX, using 2002 as the base-year from
which to project emissions. The 2002 inventory is consistent with EPA
guidance, is based on actual ``typical summer day'' emissions of VOCs
and NOX, and consists of a list of sources and their
associated emissions. PADEP prepared comprehensive VOCs and
NOX emissions inventories for the Lawrence County Area. In
the maintenance plan, PADEP included information on the man-made
sources of ozone precursors, VOCs and NOX (e.g.,
``stationary sources,'' ``stationary area sources,'' ``highway
vehicles,'' and ``nonroad sources'').
Pennsylvania projected emissions for beyond 10 years from the
effective date of the April 30, 2004 designations for the 8-hour ozone
standard. PADEP has developed an emissions inventory for ozone
precursors for the year 2002, 2009, and 2018. Tables 1 and 2 show the
VOCs and NOX emissions reduction summary for 2002, 2009, and
2018.
Table 1.--VOC Emissions Summary: 2002, 2009 and 2018
[Tons per summer day]
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Major source category 2002 2009 2018
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Stationary Point Sources......... 1.07 0.91 1.09
Stationary Area Sources.......... 4.61 4.31 4.58
Highway Vehicles................. 4.51 2.39 1.35
Nonroad Sources.................. 1.85 1.75 1.38
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Total........................ 12.04 9.36 8.40
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Table 2.--NOX Emissions Summary: 2002, 2009 and 2018
[Tons per summer day]
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Major source category 2002 2009 2018
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Stationary Point Sources......... 21.47 15.24 18.10
Stationary Area Sources.......... 0.55 0.59 0.61
Highway Vehicles................. 7.78 4.09 1.73
Nonroad Sources.................. 2.98 2.32 1.69
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Total........................ 32.78 22.24 22.13
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EPA believes Pennsylvania has demonstrated that the VOCs and
NOX emissions in the Lawrence County Area will improve due
to permanent and enforceable reductions in emissions resulting from
implementation of the SIP, federal measures, and other state-adopted
measures.
Maintenance demonstration: As Tables 1 and 2 indicate, the Lawrence
County Attainment Area plan shows maintenance of the 8-hour ozone NAAQS
by demonstrating that future emissions of VOCs and NOX
remain at or below the 2002 base-year emissions levels through the year
2018.
Based upon the comparison of the projected emissions and the 2002
base-year inventory emissions, along federal and state measures, EPA
concludes that PADEP successfully demonstrates that the 8-hour ozone
standard will be maintained in the Lawrence County Area. Further
details of Lawrence County Attainment Area's 8-hour ozone maintenance
demonstration can be found in a Technical Support Document (TSD)
prepared for this rulemaking.
Ambient Air Quality Monitoring: With regard to the ambient air
monitoring component of the maintenance plan, Pennsylvania commits to
continue operating its current air quality monitoring stations in
accordance with 40 CFR Part 58, to verify the attainment status of the
area, with no reductions in the number of sites from those in the
existing network unless pre-approved by EPA.
Contingency Plan: Section 110(a)(1) of the CAA requires that the
state develop a contingency plan which will ensure that any violation
of a NAAQS is promptly corrected. The purpose of the contingency plan
is to adopt measures, outlined in the maintenance plan, in order to
assure continued attainment in the event of a violation of the 8-hour
ozone NAAQS. The maintenance plan should identify the events that would
``trigger'' the adoption and implementation of a contingency
measure(s), the contingency measure(s) that would be adopted and
implemented, and the schedule indicating the time frame by which the
state would adopt and implement the measure(s).
Contingency measures will be considered if for two consecutive
years the fourth highest 8-hour ozone concentrations at the monitor
(site number 42-073-0015) in Lawrence County is above 84 parts per
billion (ppb). If this trigger point occurs, PADEP will evaluate
whether additional local emission control measures should be
implemented in Lawrence County in order to prevent a violation of the
air quality standard. PADEP will analyze the conditions leading to the
excessive ozone levels and evaluate what measures might be most
effective in correcting the excessive ozone levels. PADEP will also
analyze the potential emissions effect of federal, state, and local
measures that have been adopted but not yet implemented at the time the
excessive ozone levels occurred. PADEP will then begin the process of
implementing the contingency measures outlined in their maintenance
plan.
Verification of continued attainment: PADEP will track the
attainment status of the 8-hour ozone NAAQS for Lawrence County by
reviewing air quality at monitor 42-073-0015 and emissions data during
the maintenance period. An annual evaluation of vehicle miles traveled
and emissions reported from stationary sources will be performed and
compared to the assumptions about the factors used in the maintenance
plan. PADEP will also evaluate the periodic (every three years)
emission inventories prepared under EPA's Consolidated Emission
Reporting Regulation (40 CFR 51, Subpart A) for any unanticipated
increases. Based on these evaluations, PADEP will consider whether any
further emission control measures should be implemented.
III. Proposed Action
EPA is proposing to approve the maintenance plan and the 2002 base-
year inventory for the Lawrence County Area, submitted on December 17,
2007, as revisions to the Pennsylvania SIP. EPA is proposing to approve
the maintenance plan and 2002 base-year inventory for the Lawrence
County Area because it meets the requirements of section 110(a)(1) of
the CAA. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 proposes to approve 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 Order
12866 (58 FR 51735, October 4, 1993);
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
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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 to approve the maintenance plan and
the 2002 base-year inventory for the Lawrence County Area in the
Commonwealth of 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 14, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-11753 Filed 5-23-08; 8:45 am]
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