Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; SOINF2: Conewango Township, Warren County Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA37-1-6370a; FRL-5144-2]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; SO2: Conewango Township, Warren County

Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State implementation plan (SIP) revision

submitted by the Commonwealth of Pennsylvania. This revision provides

for, and demonstrates, the attainment of the national ambient air

quality standards (NAAQS) for sulfur oxides in the Conewango Township,

Warren County nonattainment area. The implementation plan was submitted

by Pennsylvania to satisfy the requirements of the Clean Air Act (CAA)

pertaining to nonattainment areas. This action is being taken under

section 110 of the Clean Air Act.

DATES: This action will become effective April 17, 1995 unless notice

is received [[Page 8567]] on or before March 17, 1995 that adverse or

critical comments will be submitted. If the effective date is delayed,

timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the Air, Radiation,

and Toxics Division, U.S. Environmental Protection Agency, Region III,

841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and

Radiation Docket and Information Center, U.S. Environmental Protection

Agency, 401 M Street, SW., Washington, DC 20460; and, Pennsylvania

Department of Environmental Resources Bureau of Air Quality Control,

P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: David J. Campbell, Air & Radiation

Programs Branch (3AT11), U.S. Environmental Protection Agency, Region

III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107, phone:

215 597-9781.

SUPPLEMENTARY INFORMATION: On December 9, 1993, the Commonwealth of

Pennsylvania submitted a revision to its State implementation plan

(SIP) for sulfur oxides, measured as sulfur dioxide (SO2). The

revision pertains to the SO2 nonattainment area in Conewango

Township, Warren County, Pennsylvania.

Background

The Clean Air Act, as amended in 1977, required EPA to establish

the attainment status of areas with respect to the national ambient air

quality standards (NAAQS). On March 3, 1978 (43 FR 8962), as amended on

September 12, 1978 (43 FR 40502), EPA published the initial

designations for each State in Region III.

As part of EPA Region III's initial designations, Conewango

Township, Warren County, Pennsylvania was designated as nonattainment

for the primary NAAQS for sulfur oxides, measured as sulfur dioxide

(SO2). EPA acted on the recommendation of the Commonwealth of

Pennsylvania to designate this area as nonattainment for SO2. The

basis of the recommendation was air quality dispersion modeling that

predicted violations of the primary NAAQS for SO2 in Conewango

Township.

The Clean Air Act, as amended in 1990, provided that any area

designated with respect to the NAAQS, as in effect immediately before

November 15, 1990, shall retain that designation ``by operation of

law'' (section 107(d)(1)(C)). Furthermore, States with existing

nonattainment areas for the primary NAAQS for SO2 that lack fully

approved SIP's, including part D nonattainment area plans, must submit

implementation plans for those areas (section 191(b)). These plans must

meet the requirements of subpart 1 of part D and must be submitted to

EPA within 18 months of enactment of the 1990 amendments (i.e., by May

15, 1992.) Thus, a SIP and part D plan were due for the Conewango

Township, Warren County, Pennsylvania by May 15, 1992.

On June 15, 1992, Mr. Stanley L. Laskowski, Acting Regional

Administrator, EPA Region III notified Mr. Robert P. Casey, Governor,

Commonwealth of Pennsylvania that Pennsylvania had failed to submit the

required SIP revision for Conewango Township, Warren County. The letter

constituted an official finding of failure to submit pursuant to

section 179(a)(1) of the 1990 Amendments. According to section 179,

Pennsylvania had 18 months in which to correct the identified

deficiency or face one of the sanctions detailed under section 179(b).

Therefore, the Commonwealth had until December 15, 1993 to submit a SIP

revision or face the imposition of sanctions.

On December 9, 1993, the Commonwealth of Pennsylvania submitted a

revision to its SIP for the Conewango Township SO2 nonattainment

area. The revision provides for the attainment of the NAAQS for

SO2 by November 15, 1995, as required by section 192(a). This

submittal was determined to be a ``complete'' submittal as discussed

below. The submittal of a complete SIP revision satisfied the

deficiency identified under section 179(a)(1), thus halting the

sanctions process.

Summary of SIP Revision

On December 9, 1993, Mr. Arthur A. Davis, Secretary, Pennsylvania

Department of Environmental Resources submitted to Mr. Stanley L.

Laskowski, Acting Regional Administrator, EPA Region III a SIP revision

for the Conewango Township nonattainment area. The SIP revision

consists primarily of a Consent Order and Agreement (hereinafter, the

Agreement) entered into by and between the Commonwealth of

Pennsylvania, Department of Environmental Resources and Pennsylvania

Electric Company (hereinafter, Penelec) on April 1, 1993. The Agreement

affects Penelec's Warren Generating Station, the principle source of

SO2 emissions in the nonattainment area. The Agreement establishes

interim and final emission limits for the Warren Generating Station.

The final allowable emission limit will protect the NAAQS for SO2

in Conewango Township. The emission limit is supported by a modeling

analyses and attainment demonstration, the contents of which are

evaluated below.

Evaluation of State Submittal

The Clean Air Act requires States to submit implementation plans

that indicate how each State intends to attain and maintain the NAAQS.

The 1977 Amendments established specific requirements for

implementation plans in nonattainment areas in part D, sections 171-

178. With respect to SO2, the 1990 Amendments did not change these

requirements in any significant way and guidance in existence prior to

their enactment generally remains valid. On April 16, 1992 (57 FR

13498), EPA issued ``General Preamble for the Implementation of Title I

of the Clean Air Act Amendments of 1990'' describing EPA's preliminary

views on how it intends to interpret various provisions of title I,

primarily those concerning revisions required for nonattainment areas.

In order to approve the SIP revision, all of the part D

requirements must be evaluated and they must ensure that: (1) The

revised allowable emission limitation demonstrates attainment and

maintenance of the NAAQS for SO2 in the nonattainment area; (2)

the emission limitation is clearly enforceable; and (3) that all

applicable procedural and substantive requirements of 40 CFR part 51

are met. The following is an evaluation of the part D requirements as

described in the ``General Preamble''; a more detailed evaluation is

provided in a Technical Support Document available upon request from

the Regional EPA office listed in the ADDRESSES section of this

document:

1. Reasonably Available Control Technology (RACT)

Pennsylvania's SIP revision provides for reasonably available

control technology (RACT). The SIP revision indicates that SO2

emissions are controlled at the Warren Generating Station through fuel

specification. The final allowable SO2 emission limitation for the

Warren Generating Station as established in the Agreement is 1.0 pounds

SO2 per million Btu (1.0 lb/mmBtu) heat input or a total hourly

emission of 1280 pounds of SO2, [[Page 8568]] whichever is less.

This limit is to be met beginning November 15, 1995. The SIP limit is

to be met beginning November 15, 1995. The SIP revision provides a

demonstration that this limit will attain the NAAQS in the

nonattainment area. Therefore, Pennsylvania has ensured that reasonably

available control technology, fuel specification, is required and that

the control technology provides for achievement of the NAAQS by the

statutory attainment date, which is November 15, 1995.

2. Reasonable Further Progress (RFP)

Pennsylvania's SIP revision provides for reasonable further

progress (RFP). The SIP revision provides for RFP through interim

emission limitations established in the Agreement. The Agreement

specifies that the Warren Generating Station shall achieve a daily

average emission rate not to exceed 3.0 pounds of SO2 per million

Btu (3.0 lb/mmBtu) heat input beginning January 1, 1993. An allowable

emission rate of 2.5 lb/mmBtu is imposed on the Station beginning

November 15, 1994. These emission limits clearly adhere to an ambitious

compliance plan which will provide for attainment by the applicable

date.

3. Contingency Measures

Pennsylvania's SIP revision provides for adequate contingency

measures. The SIP revision requires the collection of continuous

emission monitoring (CEM) data at the Warren Generating Station in

accordance with the previously federally-approved procedures

established in 25 Pa. Code Sec. 123.25 ``Monitoring Requirements for

Sulfur Compound Emissions from Combustion Units'' and subchapter C

``Requirements for Continuous In-Stack Monitoring for Stationary

Sources'' (48 FR 2320). The collection of CEM data and the ambient air

quality monitoring network currently operating in and around the

nonattainment area provides a comprehensive program to identify

violations of the NAAQS. The existing Agreement may be modified, as

agreed to by both parties, to require further reductions as deemed

necessary to achieve attainment of the NAAQS.

4. Stack Height Issues and Remand

Pennsylvania has chose to address stack height issues upon the

resolution of the remand. The Warren Generating Station merges the

exhaust from its four (4) boilers into one stack as part of its

original design and operation in 1948. This constitutes dispersion

credit for sources originally designed and constructed with merged or

multiflue stacks (40 CFR 51.100(hh)(2)(ii)(A)). These sources had

originally been exempted under the stack height rules but that

provision was remanded to EPA for reconsideration. Pennsylvania does

not address this issue in the SIP revision. Therefore, it will have to

revise its rules, including any affected emission limitations, to

conform with resolution of the remand.

5. Existing Modeling Protocols

Pennsylvania's SIP revision is supported by a modeling

demonstration using regulatory air dispersion models as defined by

EPA's ``Guideline on Air Quality Models (Revised),'' July 1986.

However, the Agreement allows for the completion of a model evaluation

and equivalency study by Penelec. Penelec will perform a study

comparing and evaluating the predictive results of the MPTER/RTDM

(Multiple Point Gaussian Dispersion Algorithm with Terrain Adjustment

(MPTER) and Rough Terrain Diffusion Model (RTDM), respectively) and

LAPPES (Large Area Power Plant Effluent Study) models. The protocol for

this study has been approved by Pennsylvania and EPA. The study is

currently underway. Upon satisfactory completion of the study,

Pennsylvania has indicated that it will revise its SIP, as appropriate,

in accordance with the results of the study. Until such time as any

future revised SIP is approved by EPA, the limits established by the

Agreement and this SIP revision will remain in effect.

6. Test Methods and Averaging Times

Pennsylvania's SIP provides for the use of continuous emissions

monitoring (CEM) as the means of compliance. The revision stipulates an

hourly emission limit and requires the use of a Pennsylvania-approved

method for calculating hourly emissions. Pennsylvania's federally

approved CEM regulations (25 Pa. Code Sec. 123.25 and subchapter C)

define the general requirements for CEM operation and references the

CEM guidelines in ``Standards of Performance for New Stationary

Sources,'' 40 CFR part 60 and ``Minimum Source Monitoring

Requirements,'' 40 CFR part 51 appendix P. An hourly emission limit for

the source is shorter than the time period for the NAAQS for which the

area is nonattainment (i.e., the 24-hour primary standard). The

required limit is also adequate to determine compliance with the 3-hour

secondary standard.

7. Emission Inventory

Pennsylvania's SIP revision provides an adequate actual emissions

inventory from all relevant sources of SO2 in the nonattainment

area. Pennsylvania has provided a current, actual emissions data and

stack parameter information for the Warren Generating Station and

various emission sources at the nearby United Refining facility.

8. Attainment Demonstration

Pennsylvania's SIP revision provides an adequate attainment

demonstration, including appropriate air quality dispersion modeling.

40 CFR 51.112 requires nonattainment plans to include a demonstration

of the adequacy of the plan's control strategy. The Commonwealth's

demonstration employs the applicable air quality models, data bases,

and other requirements specified in appendix W of 40 CFR part 51

(``Guideline on Air Quality Models (Revised)'' (1986), supplement A

(1987), and supplement B (1993) (hereinafter, the Guideline)). This

demonstration includes the following information: model selection and

descriptions; model application and assumptions made during application

of selected models; receptor grids; meteorological data; ambient air

monitoring data and background concentration; model source input; and

modeling results.

Model Descriptions--The air quality dispersion modeling analysis

performed for this demonstration employed the MPTER and RTDM Guideline

models. The Guideline provides a description of the models along with

guidance on their application. MPTER is limited to predicting

concentrations at elevations below stack height. In this analysis, the

MPTER code was altered to accommodate the algorithm used in Industrial

Source Complex Model (ISC2). The ISC2 algorithm was added to address

the requirements of the interim terrain concept; the assessment of

receptors between stack height and plume height. RTDM is employed to

calculate concentrations at receptors whose elevations are greater than

or equal to plume height.

Model Application--MPTER and RTDM were both applied to the modeling

domain in accordance with the recommendations of the Guideline. The

default mode of RTDM was employed. Likewise, the regulatory mode of

MPTER was used with the applicable restrictions for complex terrain.

Receptor Grids--Three sets of receptor grids, with a total of 725

receptors were used for this demonstration. One grid was located in

Conewango Township, the nonattainment area. The other two grids were

located to the south and east of the Township. These grids were

developed to adequately assess the impacts of the [[Page 8569]] Warren

Generating Station as well as the nearby United Refinery facility, the

other major source of SO2 in the region.

Meteorological Data--The modeling analysis used one year of on-site

and local meteorological data. Two towers, an 150-meter tower and a 10-

meter tower, collected wind directions and wind speeds, stability

information, and temperature. The 150-meter tower is located on-site at

the Penelec facility. The 10-meter tower is located in nearby, elevated

terrain and was used primarily for determination of the stability class

and as a substitute data site. Data was recovered at a greater than 90

percent rate and appropriate data substitution procedures were

employed.

Background Concentration--The study uses monitored air quality data

for determining that portion of the background concentrations

attributable to sources other than those nearby that are to be

explicitly modeled. Seven SO2 monitoring sites in and around the

nonattainment area were available for evaluation. The Guideline

procedures for determining background concentrations for multiple-

source areas were used to select the most representative monitor.

Source Inputs--The Warren Generating Station was modeled using an

emission rate of 1.0 pounds per million BTU, the revised allowable

limit established in the Consent Order and Agreement. Each of the other

input parameters such as stack height, stack temperature, etc. were

included in the demonstration. United Refining Company's facility was

modeled using its current allowable operating conditions. Similar input

parameters were provided for the United Refining facility.

Modeling Results--The results of the modeling analysis indicate

that no exceedances of the NAAQS for SO2 are expected in the

Conewango Township nonattainment area when the Warren Generating

Station is operating at an emission rate of 1.0 lb/mmBTU. The predicted

high-second-high concentrations for the 3-hour (1,300 g/

m3), 24-hour [365 g/m3), and annual arithmetic mean

(80 g/m3) ambient air quality standards are 1,038

g/m3, 184 g/m3, and 23.2 g/m3

respectively. This demonstrates that the proposed SIP revision will be

protective of the NAAQS in the Conewango Township nonattainment area

for SO2 for each NAAQS averaging period.

EPA's review of this material indicates that Pennsylvania's SIP

revision provides for the attainment of the NAAQS for SO2 in

Conewango Township, Warren County and satisfies the requirements of

part D of the Clean Air Act. The revision is supported by a modeling

analysis which clearly demonstrates the adequacy of emission limits in

providing for the attainment and maintenance of NAAQS for SO2 in

and around the nonattainment area. The Consent Order and Agreement

between Penelec and Pennsylvania at the center of the SIP revision

establishes enforceable SO2 emission limits on the Warren

Generating Station. The submittal clearly fulfills the procedural and

substantive requirements of 40 CFR part 51. Therefore, EPA is approving

the Pennsylvania SIP revision for the Conewango Township, Warren County

SO2 nonattainment area, which was submitted on December 9, 1993.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective April 17, 1995 unless, by March 17, 1995, adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on April 17, 1995.

Final Action

EPA is approving the Pennsylvania SIP revision for the Conewango

Township, Warren County SO2 nonattainment area.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIP's on such grounds. Union Electric Co. v.

U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

This action has been classified as a Table 2 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from E.O. 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by April 17, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action to approve a revision to Pennsylvania's SIP

for SO2 in Conewango Township, Warren County may not be challenged

later in proceedings to enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Reporting and recordkeeping requirements, Sulfur Oxides.

Dated: November 18, 1994.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows: [[Page 8570]]

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraphs (c)(93) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(93) Revisions to the Pennsylvania implementation plan for sulfur

dioxide (SO2) in Conewango Township, Warren County submitted on

December 9, 1993 by Pennsylvania Department of Environmental Resources:

(i) Incorporation by reference.

(A) Letter of December 9, 1993 from Mr. Arthur A. Davis, Secretary,

Pennsylvania Department of Environmental Resources transmitting a SIP

revision for the Conewango Township, Warren County SO2

nonattainment area.

(B) A Consent Order and Agreement entered into by and between the

Commonwealth of Pennsylvania, Department of Environmental Resources and

Pennsylvania Electric Company on April 1, 1993 and an attainment

demonstration. The Agreement was effective on April 1, 1993.

(ii) Additional material.

(A) Remainder of Pennsylvania's December 9, 1993 submittal.

[FR Doc. 95-3680 Filed 2-14-95; 8:45 am]

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