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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Parts 52 and 81
PA ID: [PA209-4301; FRL-7642-5]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Hazelwood SO
DATES: Comments must be received on or before May 3, 2004.
DOCUMENT SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the Commonwealth of Pennsylvania. These SIP
revisions include a regulation change to the allowable sulfur oxide
emission limits for fuel burning equipment and a modeled demonstration
of attainment of the national ambient air quality standards (NAAQS) for
sulfur dioxide (SO
SUMMARY: Pennsylvania,
SUPPLEMENTAL INFORMATION
On August 15, 2003, the PADEP, on behalf of the ACHD, submitted a SIP revision for SOI. Background
When Were These Areas Designated Nonattainment and Unclassifiable for SO
EPA originally designated all of Allegheny County, Pennsylvania as
nonattainment for SO
What are the Geographical Boundaries of the Hazelwood SO
The Hazelwood SO
II. Redesignation Evaluation
What Are the Criteria for Redesignation?
Section 107(d)(3)(E) of the CAA, as amended, specifies five
requirements that must be met to redesignate an area to attainment. They are as follows:
(1) The area has attained the applicable NAAQS.
(2) The area has a fully approved SIP under section 110(k).
(3) The air quality improvement is permanent and enforceable.
(4) The area has met all relevant requirements under section 110 and part D of the Act.
(5) The area has a fully approved maintenance plan pursuant to section 175A.
Has the State Met the Criteria for Redesignation?
The EPA has reviewed the redesignation request submitted by PADEP,
on behalf of the ACHD, for the Hazelwood nonattainment area and the
Monongahela River Valley unclassifiable area. EPA finds that the
request meets the five requirements of section 107(d)(3)(E).
What Data Shows Attainment of the NAAQS for SO
There are two components involved in making a demonstration that an
area is attaining the applicable NAAQS for SO
The redesignation request for the Hazelwood and Monongahela River
Valley areas is based upon air quality data for 19942000, as this was
the most recent data at the time this redesignation request was
initially prepared. The data was collected and qualityassured in
accordance with 40 CFR part 58, and recorded in the Air Quality
Subsystem (AQS) of the Aerometric Information Retrieval System (AIRS).
The annual primary NAAQS for SO
The air quality data for the monitoring sites submitted with this
redesignation request shows that from 1994 through 2000 (through 1999 for Hammerfield, which was terminated in 2000), there
[[Page 17376]]
were no violations of the primary or secondary NAAQS for
SO
Dispersion modeling is commonly used to demonstrate the SIP
adequately provides for attainment and maintenance of the NAAQS for
SO
Is There a Fully Approved SIP Under Section 110(k) of the Act?
The SIP for the area must be fully approved under section 110(k) of
the Act and must satisfy all requirements that apply. The SIP for
Southwestern Pennsylvania was fully approved by EPA on October 21, 1981
(46 FR 51607), and identified existing local control strategies to
bring the area into compliance. Control strategies included coke oven
gas desulfurization and sourcespecific emission requirements. On
November 15, 1990, the CAA amendments were enacted. Pursuant to section
107(d)(1)(C), the Hazelwood area in Allegheny County, Pennsylvania, was
designated nonattainment and the Monongahela River Valley area in
Allegheny County, Pennsylvania, was designated unclassifiable by
operation of law. On August 18, 1995 (60 FR 43012), EPA approved a
sourcespecific SIP revision for U.S. Steel Clairton Works in Allegheny
County, implementing spare desulfurization equipment to be used in the
event of a breakdown of the coke oven gas desulfurization process. The
August 15, 2003 submittal which is the subject of this proposed
rulemaking, includes an additional revision to the areas SO
In order to redesignate an area, EPA must determine that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable reductions. Implementation of the SIP has led
to decreased levels of pollutant emissions. These improvements are
permanent and enforceable. Limits restricting hydrogen sulfide
(H
Permanent shutdown of many facilities in the nonattainment and unclassifiable areas has occurred. LTV Corporation permanently ceased operations of its Hazelwood coke production facility in 1998. LTV's South Side facility closed shortly after the time of designation. Unlike currently operating facilities which were modeled at their allowable emission rates, banked emissions were used in the modeling demonstration for the LTV facilities, which represent approximately a 65 percent reduction from LTV's former allowable emissions. Emissions from the Hazelwood coke facility were the primary cause of violations in the Hazelwood area, and consequently, the designation of nonattainment. Other facilities situated outside the nonattainment area but inside the unclassifiable area, such as U.S. Steel Duquesne, Homestead, and National Works, have also permanently ceased operations since the time of designation, with no banked emissions.
The decrease of coal and fuel oil usage has led to air quality
enhancements. Numerous sources have restrictions on coal and oil, and
their enforceable operating permits reflect that these sources are not
capable of burning these fuels. Percent reduction in emissions can be
estimated according to AP42 emission factors. For example, a boiler
switching from No. 2 fuel oil (containing 0.1% sulfur by weight) to
natural gas corresponds to a change in emission factors from 0.1120 to 0.0006, in pounds of SO
As mentioned previously, the August 15, 2003 submittal also
includes revisions to the allowable sulfur oxide emission limits for
fuel burning equipment. New allowable limits are to be implemented for
boilers firing only natural gas and/or and liquefied petroleum gas
(propane). These boilers will now have limits no greater than their
current maximum pte values of SO
Similarly, process and incinerator emission limits are being
changed to current maximum pte values or, if lesser than pte, the
previous value of 500 ppm SO
[[Page 17377]]
(volumetric basis) is the allowable rate. The previous limit of 500 ppm
SO
Attainment in the Hazelwood area is due to the permanent and
enforceable measures and improvements listed above. As required by the
attainment and maintenance plan, model runs have produced theoretical
results of attainment for sources running at maximum possible capacities over five different years of meteorology.
Does the State Meet the Applicable Requirements of Section 110 and Part D?
The general SIP elements delineated in Section 110(a)(2) of Title
I, part A, include but are not limited to the following: Submittal of a
SIP that has been adopted by the state after reasonable notice and
public hearing, provisions for establishment and operation of
appropriate apparatus, methods, systems and procedures necessary to
monitor ambient air quality, implementation of a permit program,
provisions for part C, Prevention of Significant Deterioration (PSD),
and part D, New Source Review (NSR) permit programs, criteria for
stationary source emission control measures, monitoring and reporting,
and provisions for public and local agency participation. Upon approval
of the additional revision to the areas SO
1. Section 110 Requirements
Section 110 of the CAA concerns the general provisions needed in a SIP. The applicable requirements of section 110, especially section 110(a)(2) have been satisfied by Allegheny County's portion of the Pennsylvania SIP approved in 1981 and by its subsequent amendments. 2. Part D Requirements
Part D contains general provisions that apply to all nonattainment
plans in general, and certain sections that apply to specific
pollutants. Subpart 1 of part D sets forth the basic nonattainment
requirements applicable to all nonattainment areas. EPA designated the
Hazelwood area as nonattainment for SO
Pennsylvania's August 15, 2003 SIP revision submittal for the
Hazelwood and Monongahela areas fully complies with the part D
requirements, as set forth in section 172(c) of the CAA. The plan
complies with the requirements to implement RACM by providing for
immediate attainment of the NAAQS for SO
Section 172(c)(9) of the CAA defines contingency measures as
measures in a SIP which are to be implemented if an area fails to make
RFP or fails to attain the NAAQS by the applicable attainment date, and
shall consist of other control measures that are not included in the
control strategy. However, the General Preamble for the Implementation
of Title I of the CAA Amendments of 1990, (57 FR 13498), states that
SO
SO
b. Subpart 1 of Part DSection 176 Conformity Requirements
It was determined that the significant causes of nonattainment in
this area were emissions from stationary facilities in the area and not
from mobile or area sources. Because the SO
[[Page 17378]]
conformity revision must be consistent with Federal Conformity
regulations promulgated by EPA, given the nature of the area's former
nonattainment problem, it is reasonable to interpret those conformity
requirements as not applying for purposes of evaluating the redesignation request.
c. Subpart 5 of Part D Requirements
Subpart 5 of part D addresses additional provisions for
SO
Is There a Fully Approved Maintenance Plan Under Section 175A?
Section 175A of the Act sets forth the necessary elements of a
maintenance plan needed for areas seeking redesignation from
nonattainment to attainment. The plan must demonstrate continued
attainment of the applicable NAAQS for at least 10 years after EPA
approves a redesignation to attainment. Eight years after the
redesignation, Pennsylvania must submit a revised maintenance plan
which demonstrates attainment for the 10 years following the initial
10year period. To address potential future NAAQS violations, the
maintenance plan must contain contingency measures, with a schedule for
implementation adequate to assure prompt correction of any air quality
problems. Under section 175A(d), contingency provisions must include a
requirement that the State will implement all control measures that
were in the SIP prior to redesignation as an attainment area. EPA is
proposing to approve the maintenance plan for the Hazelwood
nonattainment area because EPA finds that the submittal meets the
requirements of section 175A. The details of the maintenance plan
requirements and how the submittal meets these requirements are
detailed in the following paragraphs. A maintenance plan must contain
the following elements: (1) An emissions inventory reflective of SO2
emissions in the monitored attainment years, (2) a maintenance
demonstration which is expected to provide adequate assurance of
maintenance over the initial 10year period, (3) a commitment to
continue monitoring in the area, (4) a method for verifying continued
attainment, and (5) a contingency plan with specific indicators or triggers for implementation of the plan.
A. Maintenance Plan Requirements
1. Emissions Inventory
For this maintenance plan, the emissions inventory is the modeled
inventory of all sources affecting both the nonattainment and
unclassifiable areas. The maintenance plan includes the 1999 emission
inventory used to perform the modeling demonstration of attainment and
maintenance. Emission rates are based on the maximum allowable amounts
of SO
2. Maintenance Demonstration
Industrial facilities were the main cause of nonattainment in the
area. The attainment demonstration was based upon maximum allowable
emission levels for stationary sources impacting the nonattainment and
unclassifiable area. As discussed previously, the attainment and
maintenance demonstration was performed using air dispersion modeling
in order to show that the attainment inventory attains the primary and
secondary NAAQS for SO
Population has steadily decreased in the county since 1990 and this
decline is expected to continue through 2020. Therefore, other sources
of emissions related to population are expected to decline. Employment
in manufacturing is expected to decrease significantly between 2002
2020. As a result of these factors, SO
3. Commitment To Continue Monitoring Air Quality
The maintenance plan commits to maintaining the ambient air quality
monitors located at the areas of greatest concern which are the
Hazelwood, Glassport, and Liberty Borough locations. These monitors
will be maintained and operated in accordance with 40 CFR part 58.
Before any monitors could be removed from continuous service, their
removal would first be evaluated for any potential impairment to the SO
4. Verification of Continued Attainment
In addition to reviewing ambient air quality data in the Hazelwood
and Monongahela River Valley areas, ACHD will periodically update their
emissions inventory and will continue to examine the impact of any new
major sources or modifications through its PSD program to ensure
protection of the NAAQS. Furthermore, under the SIPapproved minor
source NSR program, the air quality impact of new minor sources or
modifications resulting in any increases in emissions and/or
significant changes to the stack configurations/parameters from those modeled in the maintenance
[[Page 17379]]
demonstration would be evaluated to ensure protection and maintenance of the NAAQS in these areas.
5. Contingency Plan
It is considered unlikely that an area would fail to attain the
SO
A new maintenance plan must be submitted to EPA, as a SIP revision,
within eight years of the redesignation of the nonattainment area, as
required by section 175(A)(b). This subsequent maintenance plan must
provide for the maintenance of the NAAQS for SO
EPA is proposing to approve SIP revisions submitted on August 15,
2003 by the Commonwealth of Pennsylvania on behalf of the ACHD . These
SIP revisions include a regulation change to the allowable sulfur oxide
emission limits for fuel burning equipment and a modeled demonstration
of attainment of the NAAQS for SO
EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting either electronic or written comments. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number PA2094301 in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket. 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.
i. Email. Comments may be sent by electronic mail (email) to
morris.makeba@epa.gov attention PA2094301. EPA's email system is not
an ``anonymous access'' system. If you send an email comment directly
without going through Regulations.gov , EPA's email system
automatically captures your email address. Email addresses that are
automatically captured by EPA's email system are included as part of the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov , then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, email
address, or other contact information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in the ADDRESSES section of this document. These electronic submissions will be accepted in WordPerfect, Word or ASCII file format. Avoid the use of special characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA Regional office listed in the ADDRESSES section of this document. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at the EPA Regional Office, as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be disclosed except in
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accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the official public regional rulemaking file. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public file and available for public inspection without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate regional file/rulemaking identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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. 1044). This proposed rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule pertaining to a change to the allowable sulfur
oxide emission limits for fuel burning equipment and a modeled
demonstration of attainment of the NAAQS for SO
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 25, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 047471 Filed 4104; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Ellen Wentworth, (215) 814-2034, or by email at wentworth.ellen@epa.gov.
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