Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 15 Percent Plan and 1990 VOC Emission Inventory for the Pittsburgh-Beaver Valley Area

Federal RegisterJan 14, 1998

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 098-4055; FRL -5946-7]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; 15 Percent Plan and 1990 VOC Emission Inventory for the

Pittsburgh-Beaver Valley Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting conditional interim approval of the State

Implementation Plan (SIP) revision submitted by the Commonwealth of

Pennsylvania, for the Pittsburgh-Beaver Valley moderate ozone

nonattainment area (the Pittsburgh area), to meet the 15 percent rate-

of-progress (the 15% plan), requirements of the Clean Air Act. EPA is

granting conditional interim approval because the 15% plan submitted by

Pennsylvania for the Pittsburgh area relies on an enhanced motor

vehicle inspection and maintenance (I/M) program, for which EPA has

granted

[[Page 2148]]

conditional interim approval. Conditional approval is also merited

because EPA is granting conditional approval to the 1990 base year

emissions inventory, upon which the 15% plan is dependent. Finally, EPA

is conditionally approving the Pittsburgh 1990 (VOC) emission

inventory, to allow Pennsylvania up to one year to supply accurate

information for certain stationary emissions sources.

DATES: This action is effective on February 13, 1998.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

U.S. Environmental Protection Agency--Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania, 19107 and the Pennsylvania

Department of Environmental Protection, Bureau of Air Quality, P.O. Box

8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, Ozone/Carbon Monoxide

and Mobile Sources Section (3AT21), USEPA--Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania 19107, or by telephone at: (215)

566-2176 or via e-mail at: [email protected].

SUPPLEMENTARY INFORMATION: On January 22, 1997, EPA proposed

conditional interim approval of the Pittsburgh area's 15% plan and 1990

VOC emission inventory (62 FR 3254). The basis for EPA's action is that

the Pittsburgh area's 15% plan on its face achieves the required 15%

VOC emission reductions, but does not contain the required verification

of emission calculations necessary for full approval. Furthermore, it

relies upon the Pennsylvania enhanced inspection and maintenance (I/M)

program which received final conditional interim approval on January

28, 1997 (62 FR 4004). The details of the March 22, 1996 Pennsylvania

15% plan submittal are contained in the January 22, 1997 notice and

accompanying technical support document and will not be reiterated

here. The discussion here will address additional information submitted

by Pennsylvania on February 18, 1997 and EPA's responses to the public

comments received on the proposed rulemaking notice. This action is

being taken under section 110 of the Clean Air Act (the Act).

I. Pennsylvania's February 18, 1997 Supplement to the 15% Plan SIP

The Pennsylvania Department of Environmental Protection (PA DEP)

submitted a letter to EPA on February 18, 1997, within the required

time frame, committing to satisfy all the conditions listed by EPA in

the January 22, 1997 proposed rulemaking notice and within the time

frames required by that notice. On February 18, 1997, PA DEP also

submitted an addendum to its 15% plan, consisting of additional

documentation to satisfy some of the conditions listed by EPA in its

January 22, 1997 proposed conditional interim approval notice.

Specifically, PA DEP submitted additional stationary source

documentation (identified as Attachment 1 of its SIP addendum) to

validate emissions reduction claims in the 15% plan from stationary

sources benefitting from national emission standards for hazardous air

pollutants (or NESHAPS) for benzene from coke production and related

processes and from reasonably available control strategy (or RACT) for

volatile organic compound (VOC) sources. Part of this documentation is

the detailed emission inventory summary/breakdown, on a unit-by-unit

basis, for the Allegheny County portion of the Pittsburgh area that was

not included in PA DEP's March 22, 1996 submittal. Also included is a

comparison of the VOC RACT and base year emission inventory totals for

certain facilities identified by EPA in the proposed rulemaking as

having inconsistent emissions levels.

The PA DEP's February 18, 1997 SIP addendum also includes updated

information for the non-road and area source portions of its 15% plan

and base year inventory (Attachment 2 of the addendum). This attachment

contains a revised VOC area source emissions summary table, by source

category by county, as well as sample calculations for determining the

emissions from those area source categories.

Supplemental mobile source documentation is contained in Attachment

3 of the SIP addendum. This documentation consists of a summary table

containing MOBILE5 model emissions factors and vehicle miles of travel

(VMT) estimates for various road facilities and time frames for the

Allegheny County portion of the Pittsburgh area. The Commonwealth

utilized a post-processor model called PPAQ to generate extensive

numbers of MOBILE modeling runs and to combine those runs with VMT to

produce county-wide on-highway mobile source emissions estimates.

Because of the difficulty associated with documenting the operation of

that model, the table in Attachment 3 of the SIP addendum provides a

means to understand the methodology employed by the PPAQ model for the

determination of highway motor vehicle emissions.

Finally, the February 18, 1997 SIP addendum reflects organizational

changes to PA DEP's 15% plan. First, credit for the portion of the

enhanced I/M program that the Commonwealth previously claimed in the

contingency measures portion of the SIP has been applied to the 15%

plan control strategy measures portion of the plan. Second, the credit

for waste treatment, storage, and disposal facilities (or TSDFs) that

were included in the VOC control measures portion of the plan have been

moved to the contingency measures portion of the plan. This plan

reorganization does not alter the implementation of any control

measure, nor does it affect the total reductions claimed to achieve the

15% plan. Attachment 4 of the February 18, 1997 SIP addendum contains

revised charts and tables to reflect these organizational changes to

the SIP. Other notable control measure credit claim differences between

the previous SIP and the amended version include: a decrease in

Pennsylvania's claimed reductions from a pending federal reformulation

rule for architectural, industrial and maintenance (or AIM) coatings

category (changed from 5.05 tons per day to 4.93 tons per day); and an

increase in claimed credit from the pending federal rule for the

reformulation of autobody refinishing coatings (from 2.55 tons per day

to 4.62 tons per day).

EPA's evaluation of the February 18, 1997 addendum submitted by

Pennsylvania is detailed in the technical support document (TSD) that

is part of the docket to this rulemaking. Briefly, EPA has determined

that Pennsylvania has resolved the inconsistencies with the 1990 VOC

emissions inventory, with the exception of certain emissions sources at

J & L Specialty Steel, Inc. and Indspec Chemical Corporation.

Consequently, EPA is conditionally approving the 1990 VOC emission

inventory submitted on March 22, 1996 for the Pittsburgh nonattainment

area to allow Pennsylvania to resolve the uncertainty of the levels of

emissions from these two facilities. Presently, the 1990 emissions

inventory levels for these sources are not consistent with VOC RACT

plans for those same sources. The PA DEP has committed to amend the

1990 inventory to address this issue.

The PA DEP's revised Pittsburgh 15% plan SIP claims total 15%

control measure emissions reductions of 67.63 tons per day of VOC for

all measures credited under the 15% plan (excluding growth and pre-1990

control measures). A summary of control measures, and their

corresponding emissions reductions, applied by the

[[Page 2149]]

Commonwealth to the 15% plan is provided below in Table 1. This table

also lists the reductions levels EPA has deemed creditable towards the

15% plan, per the Agency's review of the SIP. The PA DEP's summary

totals shown below were taken from Table 5.2 of Attachment 4 to the

February 18, 1997 SIP addendum, which provides a breakdown of PA DEP's

total expected reductions from all creditable measures. This total is

slightly more than the 67.48 tons per day previously expected by the

Commonwealth. Therefore, the 15% plan revisions do not jeopardize the

ability of the Pittsburgh area to meet the 15% target level of VOC

emissions reductions required by the Act.

Table 1.--Expected Reductions From The Required VOC Control Measures

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Pennsylvania EPA creditable

expected reduction

Control measure Emissions category reduction estimates

(tons/day) (tons/day)

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Benzene NESHAPS for coke ovens & related Point Source.................... 35.00 35.20

processes.

AIM Coating Reformulation Federal Rule........ Area Source..................... 4.93 5.05

Autobody Refinishing Coating Reformulation Area Source..................... 4.62 2.55

Federal Rule.

Consumer Products Reformulation Federal Rule.. Area Source..................... 4.35 4.35

Waste Transportation, Storage, and Disposal Area Source..................... 0.00 0.00

Facilities (TSDFs) Federal Rule.

New Standards for Motor Vehicles (Tier I)..... On-Highway Mobile Sources....... 6.24 6.24

Motor Vehicle I/M Program..................... On-Highway Mobile Sources....... 12.29 12.29

===============================

Total (tons/day)........................ ................................ 67.43 65.68

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Total Control Measure Reductions Needed ................................ .............. 64.22

in the Pittsburgh Area

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As a result of the additional documentation provided by PA DEP on

February 18, 1997, Pennsylvania has substantially satisfied conditions

#1 through #3 listed in the notice of proposed rulemaking. The

remaining conditions (#4 and #5) pertain to the enhanced inspection and

maintenance (I/M) program. Under the National Highway Systems

Designation Act of 1995, states choosing to adopt decentralized I/M

programs are allowed to assume a reasonable credit level for such a

program, and be afforded time to evaluate the actual reductions of the

program after a short demonstration period. Therefore, EPA cannot fully

approve the reductions from an I/M program that are credited towards

the 15% plan until the Commonwealth demonstrates that the associated

reductions are appropriate and valid. As a result of these statutory

changes, states are required to recalculate the benefits of their I/M

programs, and the associated reductions in the 15% plans. Pennsylvania

expects to satisfy those I/M related conditions of its 15% plan within

the required time frames established by EPA's January 28, 1997 interim

conditional rulemaking on that program (62 FR 4004).

II. Public Comments and Responses

Pursuant to the January 22, 1997 proposed rulemaking notice, PA DEP

submitted comments in the form of a SIP submittal addendum to EPA on

February 18, 1997. The February 18, 1997 comments from PA DEP are not

adverse in nature and do not take issue with EPA's proposed conditional

approval action on its SIP revision. Rather, PA DEP's submittal of

February 18, 1997 provides information relative to the conditions

imposed in EPA's notice of proposed rulemaking. The PA DEP's comments

and EPA's responses follow below.

Comment #1: The PA DEP's February 18, 1997 supplemental submittal

indicates that there is still a degree of uncertainty in the

determination of 1990 emissions for J&L Specialty Steel, Inc. and

Indspec Chemical Corp. The PA DEP agrees that it is necessary to amend

the 1990 inventory in the future. PA DEP believes EPA should approve

the remainder of the base year inventory, with these issues to be

resolved at a later date.

Response #1: As described above, Pennsylvania's February 18, 1997

addendum to its March 22, 1996 submittal resolves most of the emission

inventory and creditability issues discussed in EPA's proposed

rulemaking notice. Supplemental documentation provided by PA DEP

includes source specific information for stationary sources, a summary

table demonstrating the methodology used for the highway motor vehicle

modeling analysis, and sample calculations and summary tables for area

and non-road emissions categories. As a result, EPA has determined that

Pennsylvania has satisfied conditions related to this comment (i.e.,

conditions #1 and #2) from the January 22, 1997 proposed rulemaking

notice (62 FR 3254). The remaining conditions of the proposed approval

pertain to I/M and reductions from two benzene NESHAPs for coke

production and related processes. For the enhanced I/M program,

Pennsylvania is afforded additional time in accordance with the

National Highway Systems Designation Act. Consequently, the inventory-

related defects identified in the January 1997 proposed rulemaking

notice have been remedied. EPA's detailed analysis of the amended base

year inventory is included in the TSD for this action.

Comment #2: The PA DEP commented that the February 19, 1997 SIP

addendum contains revised target level calculation, which should

supersede those of the March 22, 1996 SIP. In particular, enhanced I/M

program reductions from the contingency plan were moved to the control

measure portion of the 15% plan, and TSDF category reductions expected

from the promulgation of a federal rule have been moved from the

control measure portion of the 15% plan to the contingency plan. The PA

DEP also commented that EPA misinterpreted PA DEP's earlier emissions

reduction claims associated with the national rules for the control of

AIMs, TSDFs, and consumer products. Pennsylvania submitted, as part of

its SIP addendum, new summary information that clarifies its claims for

various VOC control measures. PA DEP commented that these revisions and

clarifications should be considered by EPA in its final rulemaking

action.

Response #2: EPA acknowledges Pennsylvania's clarifying revision to

the 15% plan, submitted after EPA's

[[Page 2150]]

January 22, 1997 action proposing conditional interim approval of the

15% plan, was made in response to prior comment from EPA. In

particular, EPA had objected to the partial allocation of enhanced I/M

program VOC reductions between the 15% plan, as well as to the separate

plan for contingency measures. EPA indicated that reductions from

implementation of an enhanced I/M program were either to be credited

wholly to the 15% plan, or wholly to the contingency measure plan.

Therefore, PA DEP's action to shift the entire enhanced I/M program VOC

reductions to the 15% plan was taken, in part, at EPA's behest.

EPA supports the Commonwealth's resulting estimates for VOC

reductions from the 15% plan control measures. However, EPA was unable

to validate all the reductions claimed by PA DEP, based upon the

supplemental information for the 1996 projected uncontrolled emissions

inventory provided by the Commonwealth. For some area source control

measures in the 15% plan, EPA arrived at slightly different control

measure reduction estimates (based on the PA DEP's area source

inventory information and the control measure reductions claimed by PA

DEP) for the pending national reformulation rules applicable to the

architectural and industrial maintenance coating and autobody

refinishing source categories. The results of EPA's review of this

information are summarized in table 1 of this notice, above. For

complete details of EPA's review of the reduction claims for these

programs, refer to the technical support document for this action.

However, regardless of the changes to the control measures

applicable to the 15% plan's target and the slight inaccuracies in

calculation of the benefit of certain area source control measures,

EPA's review yielded a similar overall net VOC reduction in the amended

15% plan. EPA believes that the PA DEP's revised 15% plan will achieve

a level of reduction necessary to satisfy Federal 15% plan

requirements. Thus EPA considers PA DEP's revisions and minor errors as

a minor accounting error, which does not affect the overall emissions

reduction goal. EPA is therefore approving PA DEP's estimates (i.e.,

total creditable control measure reductions of 65.68 tons/day, versus

PA DEP's claim of 67.43 tons/day) as the creditable level of reductions

from the control measures contained in the 15% plan. These reductions

satisfy the intent of the law, since only 64.22 tons/day of VOC

reduction is necessary to meet the 15% plan requirements based upon

Pennsylvania's target level calculation. For details of EPA's review,

refer to the technical support document for this action.

Comment #3: The PA DEP committed to remodel its enhanced I/M

program benefits according to the methodology set forth in a December

1996 EPA policy memorandum, in order to ensure that the program

achieves the reductions claimed in the 15% plan. PA DEP also wished to

clarify that this remodeling effort should not be confused with the I/M

program performance modeling demonstration, which was submitted in a

November 1, 1996 addendum to the I/M SIP.

Response #3: EPA agrees with the PA DEP's comment. By submitting a

commitment to remodel the enhanced I/M program benefits for the 15%

plan, EPA can conditionally approve the Pittsburgh 15% plan, as

specified in Condition #4 of EPA's January 22, 1997 proposed

conditional interim approval action (62 FR 3254). EPA has not confused

the I/M performance standard remodeling (as submitted in November of

1996 to satisfy I/M program SIP requirements) with the modeling

required for this 15% plan for the purpose of demonstrating reasonable-

further-progress towards attainment of national air quality standards.

Comment #4: PA DEP expressed concern that EPA stated in its January

22, 1996 proposed conditional interim approval rulemaking that EPA

would review the whole 15% plan and the 1990 base year VOC inventory

for Pittsburgh when the Commonwealth submits an amended 15% plan. PA

DEP intends to submit the 15% plan enhanced I/M remodeling

demonstration as a supplement to the plan. PA DEP expects that EPA will

take action only upon the supplements, and will not re-review the

entire plan and inventory.

Response #4: EPA is acting today on the 15% plan and the 1990 base

year VOC inventory submitted by the Commonwealth, as revised on

February 18, 1997. Due to the remaining deficiencies, EPA must

conditionally approve these SIP revisions. Until such time as the

Commonwealth remedies the remaining deficiencies with this plan, upon

which approval is conditioned, EPA cannot fully approve the plan.

Furthermore, the plan can only be approved on an interim basis, until

the Commonwealth completes and submits in NHSDA demonstration of the I/

M program. To the extent that the supplemental information to be

submitted by the Commonwealth for the purposes of remedying the above

deficiencies serves only to remedy those deficiencies, EPA would not

re-review the entire SIP. However, if additional information is

submitted by Pennsylvania, would influence EPA's previous rulemaking

action, then EPA would need to re-review the entire 15% plan SIP

revision, in light of the new supplemental information.

III. 1990 VOC Emissions Inventory

The PA DEP's February 18, 1997 SIP addendum does not alter

Pennsylvania's 1990 VOC base year emissions inventory for the

Pittsburgh area. Rather, the Commonwealth has submitted additional

documentation to satisfy the conditions of EPA's January 22, 1997

proposed conditional approval of the base year inventory. In

particular, EPA's concerns focused on the level of documentation of the

inventory, which prevented recreation of the Commonwealth's inventory

estimates in some instances. These inventory shortfalls focused on

several stationary sources where EPA identified inconsistencies between

source-specific Reasonable Available Control Plan (or RACT) plan

inventories for several sources and PA DEP 1990 base year SIP inventory

levels for the same sources. Also, further documentation was necessary

to clarify the area source and non-road inventory, and to demonstrate

the methodologies and outcomes of Pennsylvania's Post Processor for Air

Quality (or PPAQ) model used to estimate highway mobile source

emissions for the 1990 inventory. The documentation provided by

Pennsylvania in the February 18, 1997 addendum to the SIP addresses

EPA's concerns. For further information on the supplemental information

provided by the PA DEP, and EPA's analysis of the Commonwealth's

inventory, please refer to the TSD for this action.

EPA is approving the Commonwealth's VOC inventory in today's

action. However, this approval is being conditioned, due to missing

emissions baselines for two stationary point sources--J & L Specialty

Steel, Inc. and Indspec Chemical Corp. Each of these sources has listed

base year emissions in their source-specific RACT SIP plans, which do

not correspond to emissions in the Commonwealth's official base year

1990 inventory. The PA DEP is still researching the 1990 emissions

levels for these two sources, and therefore cannot definitively

quantify them in the 1990 inventory at this time. EPA is therefore

conditioning approval of the inventory upon the PA DEP's submission of

the additional information for these sources. Since the 15% plan is

being conditionally approved, based in part upon the 1990

[[Page 2151]]

inventory information, the inventory information must be submitted

prior to expiration of the interim approval period for the 15% plan.

Therefore, PA DEP must submit the missing emission inventory

information by no later than July 27, 1998.

Table 2, below, documents the point, area and non-road mobile and

highway source 1990 VOC emissions totals for the Pittsburgh area, based

upon Pennsylvania's March 22, 1996 base year emissions inventory.

Table 2.--County-by-County Summary for the Pittsburgh Ozone Nonattainment Area

[1990 Emissions Inventory--VOC (tons/day)]

----------------------------------------------------------------------------------------------------------------

Non-road Highway

County Point Area mobile mobile

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Allegheny............................................... 80.44 73.3 15.48 76.54

Armstrong............................................... 1.1 3.3 1.01 3.9

Beaver.................................................. 5.77 8.19 1.91 12.8

Butler.................................................. 4.34 8.59 2.19 9.28

Fayette................................................. 0.57 7.53 1.42 7.8

Washington.............................................. 0.85 10.74 2.53 14.96

Westmoreland............................................ 3.54 16.31 3.67 24.84

-------------------------------------------------------

Total............................................. 96.61 127.96 28.21 150.12

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By today's action, EPA is granting conditional approval of the 1990

VOC emissions inventory for the Pittsburgh area. EPA is not acting

today upon the 1990 carbon monoxide or nitrogen oxide emissions

inventories for the Pittsburgh area; nor is EPA acting today upon any

1990 VOC emissions inventory other than for the Pittsburgh area. Those

inventories will be the subject of a separate EPA rulemaking action.

IV. Creditable Measures for the 15% Plan

The control measures described below are creditable toward the rate

of progress requirements of the Act. Pennsylvania takes emission credit

toward the 15% requirement through implementation of the following

programs: (1) Two benzene national emissions standards for hazardous

air pollutants (or NESHAPS)--for coke by-product recovery plants and

for coke oven batteries; (2) EPA national rule for the reformulation of

architectural, industrial, and maintenance (or AIM) coatings; (3) EPA

national rule for the reformulation of consumer and commercial

products; (4) EPA national rule for the reformulation of autobody

refinishing surface coatings; (5) national emissions standards for new

light-duty motor vehicles (i.e., Tier I standards); (6) motor vehicle

inspection and maintenance program. A summary of the measures and

associated reductions which are creditable towards satisfaction of the

15% rate-of-progress requirements of the Clean Air Act are detailed in

the right-hand column of Table 1 found earlier in rulemaking notice.

Further details regarding EPA's review of the Commonwealth's control

measures are contained in the TSD for this rulemaking action.

V. 15% Rate-of-Progress Plan Calculation

Rate-of-Progress Calculation for Pittsburgh

------------------------------------------------------------------------

Category Tons/day

------------------------------------------------------------------------

1990 Base Year Inventory................................... 402.20

Adjustments for pre-1990 new car standards/fuels........... -28.70

============

1990 Adjusted Base Year Inventory.......................... 373.50

15% Reduction Requirement.................................. 56.03

Pre-1990 VOC RACT requirements............................. 0.0

Pre-1990 FMVCP & RVP Reductions............................ 28.70

============

Required Reduction (w/o growth) ........................... 84.73

1990 Baseline Emissions.................................... 402.20

Required Reductions (w/o adding growth).................... -84.73

============

1996 Target Level.......................................... 317.47

------------

1990-1996 Emissions Growth................................. -20.51

------------

Required Reductions (w/o growth)........................... 84.73

============

Total Needed Reductions from VOC Control Measures.......... 64.22

------------

Creditable VOC Control Measure Reductions.................. 65.68

------------------------------------------------------------------------

VI. Conditions for Approval of the 15% Plan/1990 VOC Inventory

EPA is not taking rulemaking action today regarding the contingency

plan (submitted by Pennsylvania in conjunction with the March 1996 15%

plan). That plan will be the subject of a separate EPA rulemaking

document. EPA is also not taking rulemaking action, at this time, on

the 1990 NOX emission inventory submitted with the March

1996 15% plan. The 1990 NOX

[[Page 2152]]

emission inventory will also be the subject of a separate rulemaking

notice.

A. 15% Plan Approval Conditions

EPA has evaluated this submittal for consistency with the Act,

applicable EPA regulations, and EPA policy. In the January 22, 1997

proposed rulemaking notice, EPA listed five conditions, which

Pennsylvania would be required to meet within 12 months of the final

rulemaking notice. Otherwise, the conditional approval of the

Pittsburgh 15% plan and 1990 VOC emission inventory would be converted

to a disapproval.

The conditions listed in EPA's January 1997 proposed interim

approval were:

(1) Reconcile the 1990 VOC emissions inventory with all the

appendices, tables and narratives throughout the 15% document;

(2) After establishing consistent figures as described in (1)

above, provide sample calculations for point source 1990, 1990

adjusted, and 1996 projected emissions showing how each of these

figures were obtained. The level of documentation must be equivalent to

that required for approval of a 1990 emissions inventory as described

in the emission inventory documents at the beginning of this technical

support document;

(3) Provide additional documentation for the emissions for those

source categories where credit is claimed (i.e., benzene NESHAPs);

(4) Provide a written commitment to remodel the I/M program as

implemented in the Pittsburgh ozone nonattainment area in accordance

with EPA guidance (December 23, 1996 memo entitled ``Modeling 15% VOC

Reductions from I/M in 1999--Supplemental Guidance), submit the

remodeling to EPA; and

(5) Fulfill the conditions listed in the I/M SIP interim final

conditional rulemaking notice (January 28, 1997, 62 FR 4004) and

summarized here as: (a) geographic coverage and program start dates;

(b) ongoing program evaluation; (c) test types, test procedures and

emission standards; (d) test equipment specifications and; (e) motorist

compliance enforcement demonstration.

Through its February 18, 1997 addendum, Pennsylvania has

substantially met conditions #1, #2, and #3 of EPA's proposed

conditional interim approval. Although the full amount of emission

reduction credit in some cases could not be fully substantiated based

upon Pennsylvania's documentation, EPA is now satisfied that the

documentation supports the level of credit being approved by EPA.

However, the Commonwealth's 1990 base year inventory still lacks final

estimates for two stationary sources--J & L Specialty Steel, Inc. of

Beaver County and Indspec Chemical Corp. of Butler County. Therefore,

EPA must maintain a form of condition #1 from its proposed rulemaking

due to the uncertainty of these two sources' base year emissions.

The emission reductions from the enhanced I/M program that is

subject to the National Highway Systems Designation Act with its

extended deadlines are required in order for the required 15% emission

reduction to be achieved in the Pittsburgh nonattainment area. Under

the National Highway Systems Designation Act of 1995, Pennsylvania's

enhanced I/M program is receiving a conditional interim approval. As

such, EPA can, at best, propose conditional interim approval of the

Pittsburgh 15% plan. In its February 18, 1997 letter, Pennsylvania

agreed to meet conditions #4 and #5 that pertain to I/M within the

required time frames.

The Commonwealth submitted a commitment on February 18, 1997 to

remodel the I/M program, per EPA guidance. The Commonwealth submitted

additional documentation to fully satisfy the #2 and #3 conditions of

EPA's January 22, 1997 15% plan approval.

As conditions #4 and #5 remain unfulfilled, EPA cannot grant full

interim approval of the Pittsburgh 15% plan under section 110(k)(3) and

Part D of the Clean Air Act, and section 172 of the National Highway

Systems Designation Act. However, EPA believes that Congress did not

intend the National Highway Systems Designation Act of 1995 (NHSDA) to

jeopardize approval of States' 15% plans that relied upon I/M program

reductions--due to revised I/M program implementation and demonstration

time frames that stemmed from section 348 of the NHSDA. Since the NHSDA

provides authority to approve I/M programs on an interim basis, for a

period of eighteen months, EPA believes this interim approval can also

be extended to approval of a 15% plan that relies upon I/M program VOC

reductions. Therefore, EPA is granting interim approval of this 15%

plan SIP within the same time frame and in conjunction with the interim

approval period granted to the Pennsylvania enhanced I/M program (i.e.,

interim approval expires on July 27, 1998). EPA is conditionally

approving the Pittsburgh 15% plan under section 110(k)(4) of the Clean

Air Act due to the deficiencies stated above. Since the interim

approval period of its revised enhanced I/M expires July 27, 1998, the

Commonwealth must satisfy the conditions of the 15% plan, as stated

above, by no later than July 28, 1998 as well.

B. 1990 VOC Emissions Inventory Approval Conditions

In addition, EPA is approving the 1990 VOC base year emissions

inventory for the Pittsburgh ozone nonattainment area, submitted with

the 15% plan on March 22, 1996, and revised on February 18, 1997.

However, EPA is not approving the 1990 estimates for two stationary

point sources--J & L Specialty Steel, Inc. and Indspec Chemical Corp.

The PA DEP expressed in its February 1997 addendum to the 15% plan that

the inventory estimates for those two sources are being researched.

EPA is conditioning approval of the 1990 base year inventory for

Pittsburgh, based upon missing information for two stationary sources

for which the baseline emissions are uncertain. Since the 1990 VOC

emissions inventory is an important aspect of the 15% plan, this

condition must be satisfied in order to grant full approval of the 15%

plan. Since EPA's interim approval of the 15% plan expires on July 28,

1998, the above emissions inventory condition must be satisfied by July

27, 1998 as well.

VII. Final Action

EPA is granting conditional interim approval of the Pittsburgh 15%

plan and conditional approval of the 1990 VOC emissions inventory for

Pittsburgh as revisions to the Pennsylvania SIP. By today's action, EPA

is granting approval to emission credits for the Pittsburgh 15% plan on

an interim basis, pending verification of the enhanced I/M program's

actual performance, pursuant to section 348 of the NHSDA. Interim

approval of the Pittsburgh area 15% plan will expire at the end of the

18-month period granted to the Pennsylvania enhanced I/M plan, and will

be replaced by appropriate EPA action based on evaluation of the I/M

program's performance. If the evaluation indicates a shortfall in

emission reductions compared to the remodeling that the 15% plan is

conditioned on, the Commonwealth will need to find additional emission

credits. Failure of the PA DEP to make up for an emissions shortfall

from the enhanced I/M program may subject the Pittsburgh area to

sanctions and imposition of a federal implementation plan (or FIP). EPA

has already approved the Pennsylvania enhanced I/M program on a

conditional interim basis (January 28, 1997, 62 FR

[[Page 2153]]

4004). This approval of the Pennsylvania enhanced I/M program was taken

under section 110 of the Act and, although the credits provided by this

program may expire, the approval of the I/M regulations does not

expire. As explained above, the credits provided by the enhanced I/M

program on an interim basis for the 15% plan may be adjusted based on

EPA's evaluation of the enhanced I/M program's performance.

Approval of the 1990 base year VOC emissions inventory is being

conditioned upon uncertain emissions for two ``major'' stationary

sources. When Pennsylvania provides clarification on the emissions

levels from these two sources, EPA will approve the 1990 base year VOC

inventory for Pittsburgh.

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.

VIII. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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.

Conditional approvals of SIP submittals under section 110 and

subchapter I, part D of the CAA do not create any new requirements but

simply approve requirements that the State is already imposing.

Therefore, because this Federal SIP approval does not impose any new

requirements, EPA 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 SIPs on such grounds. Union Electric Co. v. U.S.

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

If the conditional approval is converted to a disapproval under

section 110(k), based on the State's failure to meet the commitment, it

will not affect any existing State requirements applicable to small

entities. Federal disapproval of the State submittal does not affect

its State-enforceability.

Moreover, EPA's disapproval of the submittal does not impose a new

Federal requirement. Therefore, EPA certifies that this disapproval

action does not have a significant impact on a substantial number of

small entities because it does not remove existing requirements nor

does it substitute a new federal requirement.

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule. EPA has determined that

the approval action being promulgated does not include a Federal

mandate that may result in estimated costs of $100 million or more to

either State, local, or tribal governments in the aggregate, or to the

private sector. This Federal action approves pre-existing requirements

under State or local law, and imposes no new requirements. Accordingly,

no additional costs to State, local, or tribal governments, or to the

private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial 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 March 16, 1998. 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 conditional interim approval action of the 15%

plan and conditional approval action of the 1990 VOC base year

inventory for the Pittsburgh area action may not be challenged later in

proceedings to enforce their requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Ozone, Reporting and recordkeeping requirements.

Dated: December 16, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

Chapter I, title 40, of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

2. Section 52.2026 is amended by adding paragraphs (d) and (e) to

read as follows:

Sec. 52.2026 Conditional approval.

* * * * *

(d) The Commonwealth of Pennsylvania's March 22, 1996 submittal for

the 15 Percent Rate of Progress Plan (or 15% plan) for the Pittsburgh

ozone nonattainment area, is hereby conditionally approved based on

certain contingencies, for an interim period. This interim period

corresponds to an 18-month period granted to the Pennsylvania

inspection and maintenance (I/M) program (January 28, 1997). That

interim approval period expires July 27, 1998. However, Pennsylvania

must also remedy the following conditions no later than July

[[Page 2154]]

27, 1998. The conditions for approvability is as follows:

(1) Provide final estimates for two stationary sources from the

1990 base year emissions inventory and adjust the total 1990 VOC base

year inventory, accordingly. The two sources are: J & L Specialty Steel

Inc., Midland and Indspec Chemical Corp., Petrolia Plant.

(2) Remodel the I/M program (as implemented in the Pittsburgh ozone

nonattainment area) in accordance with EPA guidance (December 23, 1996

memo entitled ``Modeling 15% VOC Reductions from I/M in 1999--

Supplemental Guidance) and to submit that remodeling to EPA; and

(3) Fulfill the conditions listed in the conditional interim

approval notice granted by EPA to Pennsylvania's enhanced I/M program

(January 28, 1997), by the deadlines set forth in that rulemaking. The

conditions of that EPA's I/M approval are summarized here as:

geographic coverage and program start dates; ongoing program

evaluation; test types, test procedures and emission standards; test

equipment specifications and; motorist compliance enforcement

demonstration.

(e) The Commonwealth of Pennsylvania's March 22, 1996 submittal for

the 1990 VOC Base Year Emissions Inventory for the Pittsburgh ozone

nonattainment area (summarized in the table in this paragraph), is

hereby conditionally approved based on the following contingency:

(1) Provide final estimates for two facilities sources from the

1990 base year emissions inventory and adjust the total 1990 VOC base

year inventory to reflect those estimates, by no later than July 27,

1998. The two affected sources are: J & L Specialty Steel Inc., Midland

and Indspec Chemical Corp., Petrolia Plant.

County-by-County Summary For the Pittsburgh Ozone Nonattainment Area