[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12516-12522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05876]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0578; FRL-9975-87-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision, submitted by the 
Commonwealth of Pennsylvania through the Pennsylvania Department of 
Environmental Protection (PADEP), to EPA on September 29, 2017, for the 
purpose of providing for attainment of the 2010 1-hour sulfur dioxide 
(SO2) primary national ambient air quality standard (NAAQS) 
in the Warren, Pennsylvania SO2 nonattainment area 
(hereafter referred to as the ``Warren Area'' or ``Area''). The Warren 
Area is comprised of a portion of Warren County (Conewango Township, 
Glade Township, Pleasant Township, and the City of Warren) in 
Pennsylvania surrounding the United Refining Company (hereafter 
referred to as ``United Refining''). The SIP submission is an 
attainment plan which includes the base year emissions inventory, an 
analysis of the reasonably available control technology (RACT) and 
reasonably available control measure (RACM) requirements, a reasonable 
further progress (RFP) plan, a modeling demonstration of SO2 
attainment, contingency measures, and a nonattainment new source review 
(NNSR) program for the Warren Area. As part of approving the attainment 
plan, EPA is also proposing to approve into the Pennsylvania SIP new 
SO2 emission limits and associated compliance parameters for 
United Refining. EPA proposes to approve Pennsylvania's attainment plan 
and concludes that the Warren Area will attain the 2010 1-hour primary 
SO2 NAAQS by the applicable attainment date and that the 
plan meets all applicable requirements under the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 23, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0578 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit

[[Page 12517]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Background for EPA's Proposed Action

    On June 2, 2010, the EPA Administrator signed a final rule 
establishing a new SO2 primary NAAQS as a 1-hour standard of 
75 parts per billion (ppb), based on a 3-year average of the annual 
99th percentile of 1-hour daily maximum concentrations. See 75 FR 35520 
(June 22, 2010), codified at 40 CFR 50.17. This action also revoked the 
existing 1971 primary annual and 24-hour standards, subject to certain 
conditions.\1\ EPA established the NAAQS based on significant evidence 
and numerous health studies demonstrating that serious health effects 
are associated with short-term exposures to SO2 emissions 
ranging from 5 minutes to 24 hours with an array of adverse respiratory 
effects including narrowing of the airways which can cause difficulty 
breathing (bronchoconstriction) and increased asthma symptoms. For more 
information regarding the health impacts of SO2, please 
refer to the June 22, 2010 final rulemaking. See 75 FR 35520. Following 
promulgation of a new or revised NAAQS, EPA is required by the CAA to 
designate areas throughout the United States as attaining or not 
attaining the NAAQS; this designation process is described in section 
107(d)(1) of the CAA. On August 5, 2013, EPA promulgated initial air 
quality designations for 29 areas for the 2010 SO2 NAAQS (78 
FR 47191), which became effective on October 4, 2013, based on 
violating air quality monitoring data for calendar years 2009-2011, 
where there were sufficient data to support a nonattainment 
designation.\2\
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    \1\ EPA's June 22, 2010, final action revoked the two 1971 
primary 24-hour standard of 140 ppb and the annual standard of 30 
ppb because they were determined not to add additional public health 
protection given a 1-hour standard at 75 ppb. See 75 FR 35520. 
However, the secondary 3-hour SO2 standard was retained. 
Currently, the 24-hour and annual standards are only revoked for 
certain of those areas the EPA has already designated for the 2010 
1-hour SO2 NAAQS. See 40 CFR 50.4(e).
    \2\ EPA is continuing its designation efforts for the 2010 
SO2 NAAQS. Pursuant to a court-order entered on March 2, 
2015, by the U.S. District Court for the Northern District of 
California, EPA must complete the remaining designations for the 
rest of the country on a schedule that contains three specific 
deadlines. Sierra Club, et al. v. Environmental Protection Agency, 
13-cv-03953-SI (2015).
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    Effective on October 4, 2013, the Warren Area was designated as 
nonattainment for the 2010 SO2 NAAQS for an area that 
encompasses the primary SO2 emitting source United Refining 
and the nearby SO2 monitor (Air Quality Site ID: 42-123-
0004). The October 4, 2013 final designation triggered a requirement 
for Pennsylvania to submit a SIP revision with an attainment plan for 
how the Area would attain the 2010 SO2 NAAQS as 
expeditiously as practicable, but no later than October 4, 2018, in 
accordance with CAA section 172(b).
    For a number of areas, including the Warren Area, EPA published a 
notice on March 18, 2016, that Pennsylvania and other pertinent states 
had failed to submit the required SO2 attainment plan by 
this submittal deadline. See 81 FR 14736. This finding initiated a 
deadline under CAA section 179(a) for the potential imposition of new 
source review and highway funding sanctions. However, pursuant to 
Pennsylvania's submittal of September 29, 2017, and EPA's subsequent 
letter dated October 5, 2017, to Pennsylvania finding the submittal 
complete and noting the stopping of the sanctions deadline, these 
sanctions under section 179(a) will not be imposed as a consequence of 
Pennsylvania's having missed the SIP submission deadline. Additionally, 
under CAA section 110(c), the March 18, 2016 finding triggers a 
requirement that EPA promulgate a federal implementation plan (FIP) 
within two years of the effective date of the finding unless, by that 
time, the state has made the necessary complete submittal and EPA has 
approved the submittal as meeting applicable requirements. This FIP 
obligation will not apply if EPA makes final the approval action 
proposed here by April 18, 2018.
    Attainment plans must meet the applicable requirements of the CAA, 
and specifically CAA sections 172, 191, and 192. The required 
components of an attainment plan submittal are listed in section 172(c) 
of Title I, part D of the CAA. On April 23, 2014, EPA issued 
recommended guidance (hereafter 2014 SO2 Nonattainment 
Guidance) for how state submissions could address the statutory 
requirements for SO2 attainment plans.\3\ In this guidance, 
EPA described the statutory requirements for an attainment plan, which 
include: An accurate base year emissions inventory of current emissions 
for all sources of SO2 within the nonattainment area 
(172(c)(3)); an attainment demonstration that includes a modeling 
analysis showing that the enforceable emissions limitations and other 
control measures taken by the state will provide for expeditious 
attainment of the NAAQS (172(c)); demonstration of RFP (172(c)(2)); 
implementation of RACM, including RACT (172(c)(1)); NNSR requirements 
(172(c)(5)); and adequate contingency measures for the affected area 
(172(c)(9)).
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    \3\ See ``Guidance for 1-Hour SO2 Nonattainment Area 
SIP Submissions'' (April 23, 2014), available at https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.
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II. Pennsylvania's Attainment Plan Submittal for the Warren Area

    In accordance with section 172(c) of the CAA, the Pennsylvania 
attainment plan for the Warren Area includes: (1) An emissions 
inventory for SO2 for the plan's base year (2011); and (2) 
an attainment demonstration. The attainment demonstration includes the 
following: Analyses that locate, identify, and quantify sources of 
emissions contributing to violations of the 2010 SO2 NAAQS; 
a determination that the control strategy for the primary 
SO2 source within the nonattainment areas constitutes RACM/
RACT; a dispersion modeling analysis of an emissions control strategy 
for the primary SO2 source (United Refining), which also 
accounts for smaller sources within the Area in the background 
concentration, showing attainment of the SO2 NAAQS by the 
October 4, 2018, attainment date; requirements for RFP toward attaining 
the SO2 NAAQS in the Area; contingency measures; the 
assertion that Pennsylvania's existing SIP-approved NSR program meets 
the applicable requirements for SO2; and the request that 
emission limitations and compliance parameters for United Refining be 
incorporated into the SIP.

III. EPA's Analysis of Pennsylvania's Attainment Plan for the Warren 
Area

    Consistent with CAA requirements (see section 172), an attainment 
demonstration for an SO2 nonattainment area must include a 
showing that the area will attain the 2010 SO2 NAAQS as

[[Page 12518]]

expeditiously as practicable. The demonstration must also meet the 
requirements of 40 CFR 51.112 and 40 CFR part 51, Appendix W, and 
include inventory data, modeling results, and emissions reductions 
analyses on which the state has based its projected attainment. EPA is 
proposing to conclude that the attainment plan submitted by 
Pennsylvania meets all applicable requirements of the CAA, and EPA is 
proposing to approve the plan submitted by Pennsylvania to ensure 
ongoing attainment in the Warren Area.

A. Pollutants Addressed

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

B. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the nonattainment 
area. These inventories provide detailed accounting of all emissions 
and emissions sources by precursor or pollutant. In addition, 
inventories are used in air quality modeling to demonstrate that 
attainment of the NAAQS is as expeditious as practicable. The 2014 
SO2 Nonattainment Guidance provides that the emissions 
inventory should be consistent with the Air Emissions Reporting 
Requirements (AERR) at Subpart A to 40 CFR part 51.\4\
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    \4\ The AERR at Subpart A to 40 CFR part 51 cover overarching 
federal reporting requirements for the states to submit emissions 
inventories for criteria pollutants to EPA's Emissions Inventory 
System. EPA uses these submittals, along with other data sources, to 
build the National Emissions Inventory.
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    For the base year inventory of actual emissions, a ``comprehensive, 
accurate and current'' inventory can be represented by a year that 
contributed to the three-year design value used for the original 
nonattainment designation. The 2014 SO2 Nonattainment 
Guidance notes that the base year inventory should include all sources 
of SO2 in the nonattainment area as well as any sources 
located outside the nonattainment area which may affect attainment in 
the area. Pennsylvania appropriately elected to use 2011 as the base 
year. Actual emissions from all the sources of SO2 in the 
Warren Area were reviewed and compiled for the base year emissions 
inventory requirement. The primary SO2-emitting point source 
located within the Warren Area is United Refining, a petroleum 
refinery. United Refining consists of 29 main SO2 emitters, 
which include boilers, heaters, reboilers, compressors, and flares. 
More information on the emissions inventory for the Warren Area can be 
found in Pennsylvania's September 29, 2017, submittal as well as EPA's 
emissions inventory Technical Support Document (TSD), which can be 
found under Docket ID No. EPA-R03-OAR-2017-0578 and which provides 
EPA's analysis of the emissions inventory.
    Table 1 shows the level of emissions, expressed in tons per year 
(tpy), in the Warren Area for the 2011 base year by emissions source 
category. The point source category includes all sources within the 
nonattainment area.

   Table 1--2011 Base Year SO2 Emissions Inventory for the Warren Area
------------------------------------------------------------------------
                                                                  SO2
                  Emission source category                     Emissions
                                                                 (tpy)
------------------------------------------------------------------------
Point.......................................................     993.095
Area........................................................      85.852
Non-road....................................................       0.337
On-road.....................................................       1.380
Total.......................................................   1,080.664
------------------------------------------------------------------------

    EPA has evaluated Pennsylvania's 2011 base year emissions inventory 
for the Warren Area and has made the determination that this inventory 
was developed in a manner consistent with EPA's guidance. Therefore, 
pursuant to section 172(c)(3), EPA is proposing to approve 
Pennsylvania's 2011 base year emissions inventory for the Warren Area.
    The attainment demonstration also provides for a projected 
attainment year inventory that includes estimated emissions for all 
emission sources of SO2 which are determined to impact the 
nonattainment area for the year in which the area is expected to attain 
the NAAQS. Pennsylvania provided a 2018 projected emissions inventory 
for all known sources included in the 2011 base year inventory. The 
projected 2018 emissions are shown in Table 2. Pennsylvania's submittal 
asserts that the SO2 emissions are expected to decrease by 
approximately 436 tons, or 40%, by 2018 from the 2011 base year. More 
information on the projected emissions for the Warren Area can be found 
in Pennsylvania's September 29, 2017, submittal, and EPA's analysis of 
the emissions inventories can be found in EPA's emissions inventory 
TSD, which can be found under Docket ID No. EPA-R03-OAR-2017-0578. EPA 
proposes to approve the 2011 base year inventory and the 2018 projected 
inventory as they meet CAA requirements.

   Table 2--2018 Projected SO2 Emission Inventory for the Warren Area
------------------------------------------------------------------------
                                                                  SO2
                  Emission source category                     Emissions
                                                                 (tpy)
------------------------------------------------------------------------
Point.......................................................     511.199
Area........................................................      132.48
Non-road....................................................       0.170
On-road.....................................................       0.530
Total.......................................................     644.379
------------------------------------------------------------------------

C. Air Quality Modeling

    The SO2 attainment demonstration provides an air quality 
dispersion modeling analysis to demonstrate that control strategies 
chosen to reduce SO2 source emissions will bring the Area 
into attainment by the statutory attainment date of October 4, 2018. 
The modeling analysis, following recommendations outlined in Appendix W 
to 40 CFR part 51 (EPA's Modeling Guidance), is used for the attainment 
demonstration to assess the control strategy for a nonattainment area 
and establish emission limits that will provide for attainment. The 
analysis requires five years of meteorological data to simulate the 
dispersion of pollutant plumes from multiple point, area, or volume 
sources across the averaging times of interest. The modeling 
demonstration typically also relies on maximum allowable emissions from 
sources in the nonattainment area. Though the actual emissions are 
likely to be below the allowable emissions, sources have the ability to 
run at higher production rates or optimize controls such that emissions 
approach the allowable emissions limits. A modeling analysis that 
provides for attainment under all scenarios of operation for each 
source must therefore consider the worst case scenario of both the 
meteorology (e.g. predominant wind directions, stagnation, etc.) and 
the maximum allowable emissions.

[[Page 12519]]

    PADEP's modeling analysis was developed in accordance with EPA's 
Modeling Guidance and the 2014 SO2 Nonattainment Guidance, 
and was prepared using EPA's preferred dispersion modeling system, the 
American Meteorological Society/Environmental Protection Agency 
Regulatory Model (AERMOD). A more detailed discussion of PADEP's 
modeling analysis for the Warren Area can be found in Pennsylvania's 
September 29, 2017 submittal, and EPA's analysis of the modeling is 
discussed in more detail in EPA's modeling TSD, which can be found 
under Docket ID No. EPA-R03-OAR-2017-0578.
    EPA has reviewed the modeling that Pennsylvania submitted to 
support the attainment demonstration for the Warren Area and has 
determined that this modeling is consistent with CAA requirements, 
Appendix W, and EPA's guidance for SO2 attainment 
demonstration modeling. The modeling properly characterized source 
limits, local meteorological data, background concentrations, and 
provided an adequate model receptor grid to capture maximum modeled 
concentrations. Using the EPA conversion factor for the SO2 
NAAQS, the final modeled design value for the Warren Area is less than 
75 ppb.\5\ Therefore, EPA is proposing to determine that the analysis 
demonstrates that the source limits used in the modeling demonstration 
comply with the 1-hour SO2 NAAQS. EPA's analysis of the 
modeling is discussed in more detail in EPA's modeling TSD, which can 
be found under Docket ID No. EPA-R03-OAR-2017-0578. EPA proposes to 
conclude that the modeling provided in the attainment plan shows that 
the Warren Area will attain the 2010 1-hour primary SO2 
NAAQS by the attainment date.
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    \5\ The SO2 NAAQS level is expressed in ppb but 
AERMOD gives results in [micro]g/m\3\. The conversion factor for 
SO2 (at the standard conditions applied in the ambient 
SO2 reference method) is 1 ppb = approximately 2.619 
[micro]g/m\3\. See Pennsylvania's SO2 Round 3 
Designations proposed TSD at https://www.epa.gov/sites/production/files/2017-08/documents/35_pa_so2_rd3-final.pdf.
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D. RACM/RACT

    CAA section 172(c)(1) requires that each attainment plan provide 
for the implementation of all reasonably available control measures 
(i.e., RACM) as expeditiously as practicable and shall provide for 
attainment of the NAAQS. EPA interprets RACM, including RACT, under 
section 172, as measures that a state determines to be both reasonably 
available and contribute to attainment as expeditiously as practicable 
``for existing sources in the area.''
    Pennsylvania's September 29, 2017 submittal discusses federal and 
state measures that will provide emission reductions leading to 
attainment and maintenance of the 2010 SO2 NAAQS. With 
regards to state rules, Pennsylvania cites to its low sulfur fuel 
rules, which were SIP-approved on July 10, 2014 (79 FR 39330). 
Pennsylvania's low sulfur fuel oil provisions apply to refineries, 
pipelines, terminals, retail outlet fuel storage facilities, commercial 
and industrial facilities, and facilities with unit burning regulated 
fuel oil to produce electricity and for domestic home heaters. These 
low sulfur fuel oil rules reduce the amount of sulfur in fuel oils used 
in combustion units, thereby reducing SO2 emissions and the 
formation of sulfates that cause decreased visibility. In terms of 
federal measures, Pennsylvania explains that 19 sources at United 
Refining are required to comply with the Boiler Maximum Achievable 
Control Technology (MACT), as well as four sources that are required to 
comply with 40 CFR part 63, subpart UUU, National Emission Standards 
for Hazardous Air Pollutants (NESHAP) for Petroleum Refineries (the 
Refinery MACT 2). EPA notes that although Pennsylvania incorporates by 
reference the NESHAP and MACT, they are not in the Pennsylvania SIP.
    Pennsylvania's submittal discusses that enforceable emission 
changes have been in place at United Refining since 2015 that reduce 
the SO2 emissions from the facility. The facility switched 
from high sulfur (2.8% sulfur) fuel oil to a lower sulfur fuel oil 
(0.5% sulfur) in 11 combustion units and heaters. Also, in July 2015, 
United Refining increased the amount of the flue gas desulfurization 
additive (De-Sox) used for one of the emitting source's (Source ID 
101A) catalyst, which prevents the formation of SO2 during 
the catalyst regeneration process.
    Based on the modeling analysis discussed in section IV.C. Air 
Quality Modeling, in order to ensure that the Warren Area demonstrates 
attainment with the SO2 NAAQS, emission limits established 
in a Consent Order and Agreement (COA) (see Appendix B of the September 
29, 2017 submittal) between PADEP and United Refining, will be used to 
control SO2 emissions from United Refining. The collective 
emission limits and related compliance parameters have been proposed 
for incorporation into the SIP to make these changes federally 
enforceable. The compliance parameters include United Refining burning 
certain fuel types; monitoring, record-keeping, and reporting; 
conducting emission testing; using De-Sox additive where appropriate; 
and using continuous emission monitoring systems (CEMS). PADEP asserts 
that this proposed control strategy lowers the modeled SO2 
impacts from United Refining and is sufficient for the Warren Area to 
attain the 2010 SO2 NAAQS. The new emission limits for each 
of the SO2-emitting sources at United Refining are listed in 
Table 3. PADEP affirms that the implementation of new emission limits 
and corresponding compliance parameters serve as RACM/RACT at United 
Refining, and will enable the Warren Area to attain and maintain the 
SO2 NAAQS.

              Table 3--United Refining New Emission Limits
------------------------------------------------------------------------
                                                           SO2 Emission
                                                           limit (pounds
           Source ID                Source description      per hour or
                                                              lbs/hr)
 
------------------------------------------------------------------------
031, 032, 033..................  Boiler 1, 2, and 3.....           27.42
034............................  Boiler 4...............            7.21
036............................  Boiler 5B..............            0.24
042............................  FCC Heater.............            1.10
044............................  DHT Heater 1...........            0.10
049............................  East Reformer Heater...           22.42
050............................  Crude Heater--North....           27.78
050A...........................  Crude Heater--South....           27.78
051............................  Pretreater Heater......           11.00

[[Page 12520]]

 
052............................  West Reformer Heater...            2.20
053............................  Sat Gas Plant Reboiler.            0.40
054............................  Vacuum Process Heater..            0.80
055............................  DHT Heater 2...........            6.36
056............................  Prefactionator Reboiler            5.37
                                  2.
057............................  Volcanic Heater (T-241)            0.30
101A...........................  FCC Unit...............          131.50
102............................  Blowdown System--Combo             0.40
                                  Flare.
102............................  Blowdown System--FCC               0.10
                                  Flare.
105............................  Middle FCC KVG                     0.14
                                  Compressor.
106............................  East FCC KVG Compressor            0.14
107............................  Sat Gas KVG Compressor.            0.10
108............................  Claus Sulfur Plant 2...           12.00
108A...........................  Sulfur Plant 2 Hot Oil             0.10
                                  Heater.
211............................  Loading Rack Bottom                0.81
                                  Loading.
037............................  Boiler 6...............            4.60
1010...........................  SMR Hydrogen Plant.....           0.099
C1010..........................  Elevated Process Flare.            0.47
------------------------------------------------------------------------

    EPA is proposing to approve Pennsylvania's determination that the 
proposed SO2 control strategy at United Refining constitutes 
RACM/RACT for that source in the Warren Area based on the modeling 
analysis previously described. The Area is projected to begin showing 
attaining monitoring values for the 2010 SO2 NAAQS by the 
2018 attainment date. Furthermore, PADEP requests that the emission 
limits listed in Table 3 and corresponding compliance parameters found 
in the unredacted portions of the COA for United Refining will become 
permanent and enforceable SIP measures to meet the requirements of the 
CAA. EPA, therefore, proposes to approve Pennsylvania's September 29, 
2017, SIP submittal as meeting the RACM/RACT requirements of section 
172(c) of the CAA.

E. RFP Plan

    Section 172(c)(2) of the CAA requires that an attainment plan 
include a demonstration that shows reasonable further progress (i.e., 
RFP) for meeting air quality standards will be achieved through 
generally linear incremental improvement in air quality. Section 171(1) 
of the CAA defines RFP as ``such annual incremental reductions in 
emissions of the relevant air pollutant as are required by this part 
(part D) or may reasonably be required by EPA for the purpose of 
ensuring attainment of the applicable NAAQS by the applicable 
attainment date.'' As stated originally in the 1994 SO2 
Guidelines Document \6\ and repeated in the 2014 SO2 
Nonattainment Guidance, EPA continues to believe that this definition 
is most appropriate for pollutants that are emitted from numerous and 
diverse sources, where the relationship between particular sources and 
ambient air quality are not directly quantified. In such cases, 
emissions reductions may be required from various types and locations 
of sources. The relationship between SO2 and sources is much 
more defined, and usually there is a single step between pre-control 
nonattainment and post-control attainment. Therefore, EPA interpreted 
RFP for SO2 as adherence to an ambitious compliance schedule 
in both the 1994 SO2 Guideline Document and the 2014 
SO2 Nonattainment Guidance. The control measures for 
attainment of the 2010 SO2 NAAQS included in Pennsylvania's 
submittal have been modeled to achieve attainment of the NAAQS. The 
permits and the adoption of specific emission limits and compliance 
parameters require these control measures and resulting emission 
reductions to be achieved as expeditiously as practicable. As a result, 
based on air quality modeling reviewed by EPA, this is projected to 
yield a sufficient reduction in SO2 emissions from United 
Refining resulting in modeled attainment of the SO2 NAAQS 
for the Warren Area. Therefore, EPA has determined that PADEP's 
SO2 attainment plan fulfills the RFP requirements for the 
Warren Area. EPA does not anticipate future nonattainment, or that the 
Area will not meet the October 4, 2018, attainment date. EPA proposes 
to approve Pennsylvania's attainment plan with respect to the RFP 
requirements.
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    \6\ SO2 Guideline Document, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, N.C. 27711, EPA-452/R-94-008, February 1994. 
Located at: http://www.epa.gov/ttn/oarpg/t1pgm.html.
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F. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency 
measures are required as additional measures to be implemented in the 
event that an area fails to meet the RFP requirements or fails to 
attain the standard by its attainment date. These measures must be 
fully adopted rules or control measures that can be implemented quickly 
and without additional EPA or state action if the area fails to meet 
RFP requirements or fails to meet its attainment date, and should 
contain trigger mechanisms and an implementation schedule. However, 
SO2 presents special considerations. As stated in the final 
2010 SO2 NAAQS promulgation on June 22, 2010 (75 FR 35520) 
and in the 2014 SO2 Nonattainment Guidance, EPA concluded 
that because of the quantifiable relationship between SO2 
sources and control measures, it is appropriate that state agencies 
develop a comprehensive program to identify sources of violations of 
the SO2 NAAQS and undertake an aggressive follow-up for 
compliance and enforcement.
    The United Refining COA (see Appendix B of the September 29, 2017 
submittal) contains the following measures that are designed to keep 
the Warren Area from triggering an exceedance or violation of the 
SO2 NAAQS: (1) If the SO2 emissions from the FCC 
Unit (Source ID 101A) exceeds the validated lbs/hr permitted emission 
limit listed in Table 3, the facility will

[[Page 12521]]

perform an audit of the unit's SO2 control additive system, 
which will include injection of the proper amount of De-SOx additive, 
and within 45 days of the exceedance, submit a report to PADEP; (2) If 
the Warren Overlook SO2 ambient air quality monitor (ID 42-
123-0005) located within the nonattainment area measures a third daily 
maximum 1-hour SO2 concentration for any hour greater than 
75 parts per billion (ppb) within a calendar year (if this occurs on 
two days back-to-back, it will be counted as one; if there are three 
days in a row, it will be counted as two), after verification and 
notification by PADEP, within 90 calendar days, United Refining must 
submit an investigative report to PADEP. If the report concludes that 
SO2 emissions from one or more SO2-emitting 
sources at the facility caused an exceedance, the report must include 
proposed changes in the facility operations that would be needed in 
order to avoid a violation of the SO2 NAAQS; (3) If PADEP 
identifies a daily maximum SO2 concentration exceeding 75 
ppb at a PADEP-operated SO2 ambient air quality monitor in 
the Warren Area, within five days, PADEP will contact United Refining 
to trigger the implementation of the daily exceedance report 
contingency measure described above in (2); (4) Section 4(27) of the 
Pennsylvania Air Pollution Control Act (APCA) authorizes PADEP to take 
any action it deems necessary or proper for the effective enforcement 
of APCA and the rules and regulations promulgated under APCA. Such 
actions include the issuance of orders and the assessment of civil 
penalties.
    EPA is proposing to find that Pennsylvania's September 29, 2017 
submittal includes sufficient measures to expeditiously identify the 
source of any violation of the SO2 NAAQS and for aggressive 
follow-up including enforcement measures within PADEP's authority as 
necessary. Therefore, EPA proposes that the contingency measures 
submitted by Pennsylvania follow the 2014 SO2 Nonattainment 
Guidance and meet the section 172(c)(9) requirements.

G. New Source Review \7\

    \7\ The CAA new source review (NSR) program is composed of three 
separate programs: Prevention of significant deterioration (PSD), 
Nonattainment NSR (NNSR), and Minor NSR. PSD is established in part 
C of title I of the CAA and applies in undesignated areas and in 
areas that meet the NAAQS-- ``attainment areas''--as well as areas 
where there is insufficient information to determine if the area 
meets the NAAQS--designated ``unclassifiable areas.'' The NNSR 
program is established in part D of title I of the CAA and applies 
in areas that are not in attainment of the NAAQS--``nonattainment 
areas.'' The Minor NSR program addresses construction or 
modification activities that do not qualify as ``major'' and applies 
regardless of the designation of the area in which a source is 
located. Together, these programs are referred to as the NSR 
programs. Section 173 of the CAA lays out the NNSR program for 
preconstruction review of new major sources or major modifications 
to existing sources, as required by CAA section 172(c)(5). The 
programmatic elements for NNSR include, among other things, 
compliance with the lowest achievable emissions rate and the 
requirement to obtain emissions offsets.
---------------------------------------------------------------------------

    Section 172(c)(5) of the CAA requires that an attainment plan 
require permits for the construction and operation of new or modified 
major stationary sources in a nonattainment area. Pennsylvania has a 
fully implemented nonattainment new source review (NNSR) program for 
criteria pollutants in 25 Pennsylvania Code Chapter 127, Subchapter E, 
which was approved into the Pennsylvania SIP on December 9, 1997 (62 FR 
64722). On May 14, 2012 (77 FR 28261), EPA approved a SIP revision 
pertaining to the pre-construction permitting requirements of 
Pennsylvania's NNSR program to update the regulations to meet EPA's 
2002 NSR reform regulations. EPA then approved an update to 
Pennsylvania's NNSR regulations on July 13, 2012 (77 FR 41276). These 
rules provide for appropriate new source review as required by CAA 
sections 175(c)(5) and 173 and 40 CFR 51.165 for SO2 sources 
undergoing construction or major modification in the Warren Area 
without need for modification of the approved rules. Therefore, EPA 
concludes that the Pennsylvania SIP meets the requirements of section 
172(c)(5) for this Area.

IV. EPA's Proposed Action

    EPA is proposing to approve Pennsylvania's SIP revision for the 
Warren Area, as submitted through PADEP to EPA on September 29, 2017 
for the purpose of demonstrating attainment of the 2010 1-hour 
SO2 NAAQS. Specifically, EPA is proposing to approve the 
base year emissions inventory, a modeling demonstration of 
SO2 attainment, an analysis of RACM/RACT, a RFP plan, and 
contingency measures for the Warren Area, and is proposing that the 
Pennsylvania SIP has met requirements for NSR for the 2010 1-hour 
SO2 NAAQS. Additionally, EPA is proposing to approve into 
the Pennsylvania SIP specific SO2 emission limits and 
compliance parameters established for the SO2 source 
impacting the Warren Area.
    EPA has determined that Pennsylvania's SO2 attainment 
plan for the 2010 1-hour SO2 NAAQS for Warren County meets 
the applicable requirements of the CAA and comports with EPA's 
recommendations discussed in the 2014 SO2 Nonattainment 
Guidance. Thus, EPA is proposing to approve Pennsylvania's attainment 
plan for the Warren Area as submitted on September 29, 2017. EPA's 
analysis for this proposed action is discussed in Section IV of this 
proposed rulemaking. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action. Final approval of this SIP submittal will remove 
EPA's duty to promulgate and implement a FIP under CAA section 110(c).

V. Incorporation by Reference

    In this proposed rule, EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the portions of the Consent Order and 
Agreement entered between Pennsylvania and United Refining Company on 
September 29, 2017, that are not redacted. This includes emission 
limits and associated compliance parameters, record-keeping and 
reporting, and contingency measures. EPA has made, and will continue to 
make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 12522]]

     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 (Public Law 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, concerning the SO2 
attainment plan for the Warren nonattainment area in Pennsylvania, does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the SIP is not approved to apply 
in Indian country located in the State, and EPA notes that it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 13, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-05876 Filed 3-21-18; 8:45 am]
 BILLING CODE 6560-50-P


