[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Rules and Regulations]
[Pages 27901-27909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12703]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0277; FRL-9979-44--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Removal of Department of Environmental Protection 
Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Commonwealth of Pennsylvania 
state implementation plan (SIP) submitted by the Pennsylvania 
Department of Environmental Protection (PADEP) on May 2, 2018. This 
revision seeks the removal, from the Pennsylvania SIP, of the 
requirement limiting summertime gasoline volatility to 7.8 pounds per 
square inch (psi) Reid Vapor Pressure (RVP) to address nonattainment 
under the 1-hour ozone national ambient air quality standard (NAAQS) in 
the Pittsburgh-Beaver Valley ozone nonattainment area (hereafter 
Pittsburgh-Beaver Valley Area). The submitted SIP revision also 
includes a section 110(l) demonstration as required by the Clean Air 
Act (CAA) addressing emission impacts associated with the removal of 
the program. EPA is approving these revisions to the Pennsylvania SIP 
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on August 14, 2018 without further 
notice, unless EPA receives adverse written comment by July 16, 2018. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0277 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we refer to EPA. This supplementary 
information section is arranged as follows:

I. Background
    A. Federal Gasoline Volatility Controls Under the CAA

[[Page 27902]]

    B. State Gasoline Volatility Controls for the Pittsburgh-Beaver 
Valley Area
II. What changes have been made to Pennsylvania's gasoline 
volatility standards?
III. What is the historic reason for adoption of gasoline volatility 
control and the status of air quality in the Pittsburgh-Beaver 
Valley Area?
    A. The Status of the Pittsburgh-Beaver Valley Area With Respect 
to the Ozone NAAQS
    B. The Status of the Pittsburgh-Beaver Valley Area With Respect 
to the Fine Particulate Matter NAAQS
IV. What is EPA's analysis of the Commonwealth's submittal?
    A. Pennsylvania's Estimate of the Impacts of Removing the 7.8 
psi RVP Requirement
    B. Pennsylvania's Substitution of Alternative Emissions 
Reduction Measures for the 7.8 psi Low-RVP Gasoline Program
    1. Pennsylvania's Adhesives, Sealants, Primers, and Solvents 
Rule
    2. Shutdown of Guardian Industries Jefferson Hills Facility
    C. Comparison of Emissions Impacts of Removal of the 
Commonwealth's 7.8 psi RVP Gasoline Program and the Uncredited 
Emission Reductions From Substitute Measures
V. Impacts on the Boutique Fuels List
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews

I. Background

A. Federal Gasoline Volatility Controls Under the CAA

    Under section 211(c) of the CAA, EPA promulgated regulations on 
March 22, 1989 (54 FR 11868) that set maximum federal limits for the 
RVP of gasoline sold during the regulatory control periods that were 
established on a state-by-state basis in the final rule. The regulatory 
control periods applied during the summer months when peak ozone 
concentrations were expected. These regulations constituted Phase I of 
a two phase nationwide program, which was designed to reduce the 
volatility of commercial gasoline during the high ozone season. 
Depending on the state and month, gasoline RVP was not to exceed 10.5 
psi, 9.5 psi, or 9.0 psi. Phase I was applicable to calendar years 1989 
through 1991. On June 11, 1990 (55 FR 23658), EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum RVP standards of 9.0 
psi or 7.8 psi (depending on the state, the month, and the area's 
initial ozone attainment designation with respect to the 1-hour ozone 
NAAQS). Phase II is applicable to 1992 and subsequent years.
    The 1990 amendments to the CAA established a new section, 211(h), 
to address fuel volatility. Section 211(h)(1) requires EPA to 
promulgate regulations making it unlawful to sell, offer for sale, 
dispense, supply, offer for supply, transport, or introduce into 
commerce gasoline with an RVP level in excess of 9.0 psi during the 
high ozone season. Section 211(h)(2) prohibits EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that the Agency may impose a lower (more stringent) standard in 
any former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II 
volatility regulations to make them consistent with section 211(h). The 
modified regulations prohibited the sale of gasoline, beginning in 
1992, with a RVP above 9.0 psi in all areas designated attainment for 
ozone. For areas designated as nonattainment, the regulations retained 
the original Phase II standards published on June 11, 1990 (55 FR 
23658), which included the 7.8 psi ozone season limitation for certain 
areas.
    Under these requirements, the Commonwealth of Pennsylvania was 
required to meet a 9.0 psi RVP standard during the summer RVP control 
period, with the exception of the Philadelphia Area, which was at that 
time was designated as severe ozone nonattainment, and as such was 
subject to more stringent gasoline requirements of the reformulated 
gasoline program established under CAA section 211(k).

B. State Gasoline Volatility Controls for the Pittsburgh-Beaver Valley 
Area

    On November 15, 1990, the CAA amendments of 1990 were signed into 
law. On November 6, 1991, EPA designated and classified the Pittsburgh-
Beaver Valley Area as moderate nonattainment for the 1979 1-hour ozone 
NAAQS. As part of Pennsylvania's efforts to bring the Pittsburgh-Beaver 
Valley Area into attainment of the ozone standard, the Commonwealth 
adopted and implemented a range of ozone precursor emissions control 
measures for the area, including adoption of a state rule to limit 
summertime gasoline volatility to 7.8 psi RVP. Pennsylvania's RVP 
control rule applies to the entire Pittsburgh-Beaver Valley Area--
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties.
    PADEP promulgated this rule in the November 1, 1997 Pennsylvania 
Bulletin (27 Pa.B. 5601, effective November 1, 1997), which is codified 
in Subchapter C of Chapter 126 of the Pennsylvania Code of Regulations 
(25 Pa. Code Chapter 126, Subchapter C). On April 17, 1998, 
Pennsylvania submitted this state-adopted rule to EPA as a formal 
revision to its approved SIP. EPA published a final action approving 
Pennsylvania's RVP SIP revision in the June 8, 1998 Federal Register 
(63 FR 31116) and codified in the Code of Federal Regulations at 40 CFR 
52.2020(c)(1).
    The local air pollution control agency for Allegheny County, ACHD, 
later adopted a similar summertime gasoline volatility limit (Allegheny 
County Order No. 16782, Article XXI, sections 2102.40, 2105.90, and 
2107.15; effective May 15, 1998, amended August 12, 1999). On March 23, 
2000, PADEP formally submitted a SIP revision to EPA (on behalf of 
ACHD) to incorporate ACHD's own gasoline RVP summertime requirements 
into the Pennsylvania SIP. EPA approved that SIP revision establishing 
an independent ACHD gasoline RVP limit on April 17, 2001 (66 FR 19724), 
effective June 18, 2001.

II. What changes have been made to Pennsylvania's gasoline volatility 
standards?

    In the 2013-14 session of the Pennsylvania General Assembly, the 
legislature passed and Governor Corbett signed into law Act 50 (Pub. L. 
674, No. 50 of May 14, 2014). Act 50 amended the Pennsylvania Air 
Pollution Control Act to direct PADEP to initiate a process to obtain 
approval from EPA of a SIP revision that demonstrates continued 
compliance with the NAAQS, through utilization of substitute, 
commensurate emissions reductions to balance repeal of the Pittsburgh-
Beaver Valley Area RVP limit. Upon approval of that demonstration 
revision, Act 50 directs PADEP to repeal the summertime gasoline RVP 
limit provisions of 25 Pa. Code Chapter 126, Subchapter C.
    On May 2, 2018, PADEP submitted a SIP revision requesting that EPA 
remove from the Pennsylvania SIP Chapter 126, Subchapter C of the 
Pennsylvania Code (specifically removing 25 Pa. Code sections 126.301, 
126.302, and 126.303), based upon a demonstration that the repeal of 
the RVP requirements rule (coupled with other ozone precursor emission 
reduction measures) would not interfere with the Pittsburgh-Beaver 
Valley Area's attainment of any NAAQS, per the requirements for 
noninterference set forth in section 110(l) of the CAA. Pennsylvania's 
SIP revision contains a Pennsylvania-specific analysis that the 
emissions impact from repeal of the 7.8 psi gasoline volatility 
requirement in Pittsburgh (to be replaced by the federal 9.0 psi 
summertime gasoline

[[Page 27903]]

requirement) would be offset by substitution of commensurate benefits 
from other emission reduction measures enacted by Pennsylvania, but not 
previously credited in any SIP towards attainment or maintenance of any 
NAAQS. This analysis is performed through analysis of emission 
inventory sectors and sources affected by both repeal of gasoline RVP 
limits and of the substitute measures enacted by Pennsylvania.
    The May 2, 2018 SIP revision references the Commonwealth's 
regulatory amendment to Chapter 126, Subchapter C, as published in the 
April 7, 2018 Pennsylvania Bulletin (48 Pa. B. 1932, effective upon 
publication). This amendment serves to repeal the PADEP requirement for 
7.8 psi RVP summer gasoline. The Commonwealth's rule amends 25 Pa. Code 
Section 126.301 (relating to gasoline volatility requirements) to 
remove the RVP requirement for the Pittsburgh-Beaver Valley Area RVP 
upon the effective date of EPA's approval of Pennsylvania's May 2, 2018 
SIP revision. As a result, both state and federal repeal of the 
requirements for summertime RVP in the area will coincide with the 
effective date of EPA's final action to approve the Commonwealth's 
related SIP submittals.

III. What is the historic reason for adoption of gasoline volatility 
control and the status of air quality in the Pittsburgh-Beaver Valley 
Area?

    The gasoline volatility limit was originally adopted by 
Pennsylvania as part of a suite of measures to address ground level 
ozone pollution in the Pittsburgh-Beaver Valley Area, which has 
historically been designated nonattainment for the ozone NAAQS. Since 
passage of the CAA in 1990, portions of the Pittsburgh-Beaver Valley 
Area have also been designated nonattainment for the daily and annual 
averaging period fine particulate matter (PM2.5) NAAQS. 
Since the low-RVP gasoline program affects primarily volatile organic 
compounds (VOCs) and nitrogen oxides (NOX) emissions, and to 
some degree directly emitted PM2.5 emissions, our review of 
the removal of this rule focuses on the NAAQS for which these emissions 
contribute, either directly or as precursor emissions.

A. The Status of the Pittsburgh-Beaver Valley Area With Respect to the 
Ozone NAAQS

    On November 6, 1991 (56 FR 56694), EPA designated and classified 
the Pittsburgh counties of Allegheny, Armstrong, Beaver, Butler, 
Fayette, Washington, and Westmoreland Counties as nonattainment for the 
1-hour ozone NAAQS promulgated by EPA in 1979. RVP control was one of a 
suite of measures adopted by Pennsylvania to attain and maintain the 1-
hour ozone NAAQS.
    On April 9, 2001, Pennsylvania submitted a request to redesignate 
the Pittsburgh-Beaver Valley Area to attainment of the 1979 1-hour 
ozone NAAQS, along with a maintenance plan to demonstrate that the area 
would continue to attain for a 10-year period--a plan which relied, in 
part, on emissions reductions attributable to the summertime gasoline 
volatility control program. Subsequently, EPA determined that the 
Pittsburgh-Beaver Valley Area had attained the 1979 1-hour ozone NAAQS 
by its extended attainment date and approved the Commonwealth's 1-hour 
redesignation request and maintenance plan SIP revision on November 19, 
2001 (66 FR 53094).
    On July 18, 1997 (62 FR 38856), EPA issued a revised NAAQS for 
ozone, strengthening the primary and secondary standards to 0.080 parts 
per million (ppm) and changing the averaging time from 1-hour to 8-
hours. EPA initially designated the Pittsburgh-Beaver Valley Area as 
nonattainment for the 1997 NAAQS, under the general part D, subpart 1 
provisions of the CAA on July 15, 2004. However, in response to 
litigation, EPA later classified several areas, including Pittsburgh-
Beaver Valley, as moderate under the CAA part D, subpart 2 provisions 
in May of 2012.\1\
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    \1\ In 2012, EPA finalized revisions to the 2004 Phase 1 
Implementation Rule for the 1997 8-hour ozone NAAQS that specified 
requirements to meet the 1997 ozone NAAQS. (77 FR 28424, May 14, 
2012). The revisions were EPA's response to a December 22, 2006 
decision in South Coast Air Quality Management District v. EPA, 472 
F.3d 882 (D.C. Cir. 2006), directing EPA to classify areas under 
Part D of the CAA. As a result, EPA reclassified the former subpart 
1 nonattainment areas, like the Pittsburgh Beaver Valley Area, under 
subpart 2. The 1997 8-Hour Ozone NAAQS was eventually revoked on 
April 6, 2015, coincident with promulgation of the later 2008 ozone 
NAAQS.
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    On April 4, 2013, EPA determined that the Pittsburgh-Beaver Valley 
Area had attained the 1997 8-hour ozone NAAQS by its applicable 
attainment date (based on air monitoring data for the 2007-2009 period) 
and warranted a clean data determination. This latter determination 
suspended certain CAA planning requirements for the Area, including 
requirements for an attainment demonstration, associated reasonable 
further progress plan, contingency measures, reasonably available 
control measure (RACM) analysis, and other CAA part D planning 
requirements for moderate ozone nonattainment areas, for as long as the 
area continued to monitor attainment of the NAAQS.
    On March 27, 2008 (73 FR 16436), EPA strengthened the 8-hour NAAQS 
from 0.080 to 0.075 ppm in 2008. On March 6, 2015 (77 FR 30088), EPA 
designated and classified the Pittsburgh-Beaver Valley Area as marginal 
nonattainment for the 2008 8-hour ozone NAAQS. Also on March 6, 2015 
(80 FR 12264), EPA published its ozone implementation rule for the 2008 
ozone NAAQS in which established the date of July 20, 2016 as a 
deadline for attainment of the 2008 NAAQS. On December 6, 2016 (81 FR 
87819), EPA determined that the Pittsburgh-Beaver Valley Area had 
attained the 2008 ozone NAAQS by that July 20, 2016 deadline.\2\ The 
Pittsburgh-Beaver Valley Area continues to attain the 2008 ozone NAAQS 
for the most recent 2015-2017 three-year monitoring period.
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    \2\ On February 16, 2018, the D.C. Circuit Court issued an 
opinion on the EPA's regulations implementing the 2008 ozone NAAQS, 
known as the 2008 Ozone SIP Requirements Rule. South Coast Air 
Quality Mgmt. Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018). 
The D.C. Circuit Court found certain provisions from the 2008 Ozone 
SIP Requirements rule unreasonable including EPA's provision for a 
``redesignation substitute.'' The D.C. Circuit Court vacated these 
provisions and found redesignations must comply with all required 
elements in CAA section 107(d)(3) and thus found the ``redesignation 
substitute'' which did not require all items in CAA section 
107(d)(3)(E) violated the CAA and was thus unreasonable. The D.C. 
Circuit. Court also vacated other provisions relating to anti-
backsliding in the 2008 Ozone SIP Requirements Rule as the Court 
found them unreasonable. Id. The D.C. Circuit Court found other 
parts of the 2008 Ozone SIP Requirements Rule unrelated to anti-
backsliding and this action reasonable and denied the petition for 
appeal on those. Id.
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    On October 1, 2015 (80 FR 65291), EPA promulgated a revised ozone 
NAAQS of 0.070 ppm. On November 6, 2017 (82 FR 54232), EPA issued final 
2015 ozone NAAQS designations for most U.S. counties, designating all 
seven Pittsburgh-Beaver Valley Area counties as ``attainment/
unclassifiable.''
    Pennsylvania's May 2, 2018 SIP revision includes EPA's updated 
photochemical grid modeling results for the 2008 ozone NAAQS (See 
Appendix H), based on updated electric generating unit data for 
2017.\3\ This forecast data predicts that the Pittsburgh-Beaver Valley 
Area will continue to attain the 2008 ozone NAAQS and maintain 
attainment of the 2015 ozone NAAQS by 2023.
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    \3\ EPA Projected 2023 Ozone Design Values for the Pittsburgh-
Beaver Valley Area.
    Source: Notice of Availability--Preliminary Interstate Ozone 
Transport Modeling Data for the 2015 Ozone NAAQS. Data Spreadsheet 
is available at: https://www.epa.gov/sites/production/files/2016-12/2015_o3_naaqs_preliminary_transport_assessment_design_values_contributions.xlsx.

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[[Page 27904]]

B. The Status of the Pittsburgh-Beaver Valley Area With Respect to the 
Fine Particulate Matter NAAQS

    On October 17, 2006, EPA published a revised 24-hour 
PM2.5 NAAQS (71 FR 61144). On November 3, 2009, EPA 
designated the Pittsburgh-Beaver Valley Area as nonattainment for the 
2006 PM2.5 NAAQS (74 FR 58688) under CAA part D, subpart 1. 
On June 2, 2014, EPA reclassified the Pittsburgh-Beaver Valley Area as 
moderate nonattainment under CAA part D, subpart 4 (79 FR 31566), 
including all of Beaver, Butler, Washington, and Westmoreland Counties 
and portions of Allegheny, Armstrong, Greene, and Lawrence Counties. On 
May 2, 2014, EPA determined that the Pittsburgh-Beaver Valley area was 
in attainment of the 2006 annual and 24-hour PM2.5 NAAQS 
based on 2010-2012 ambient monitoring data (79 FR 25014). On October 2, 
2015 (80 FR 59624), EPA approved a request from Pennsylvania to 
redesignate the Pittsburgh Area to attainment of the 1997 annual and 
2006 24-hour PM2.5 NAAQS.
    On January 15, 2015, EPA published a revised annual 
PM2.5 NAAQS (79 FR 3086). On April 7, 2015, EPA designated 
Allegheny County as moderate nonattainment of the 2012 annual 
PM2.5 NAAQS (80 FR 18535).\4\ Allegheny County continues to 
be nonattainment for the 2012 annual PM2.5 NAAQS.
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    \4\ This action corrects an initial final designations action 
for the 2012 PM2.5 NAAQS, which was signed by EPA on 
December 18, 2014 and published January 15, 2015 (80 FR 2206). This 
correction included more recently available data for use in 
designating certain areas of the country.
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IV. What is EPA's analysis of the Commonwealth's submittal?

A. Pennsylvania's Estimate of the Impacts of Removing the 7.8 psi RVP 
Requirement

    EPA's primary consideration for determining the approvability of 
Pennsylvania's request to rescind the requirements for a gasoline 
volatility control program is whether this requested action complies 
with section 110 of the CAA, specifically section 110(l).\5\ Section 
110(l) of the CAA requires that a revision to the SIP not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 171), or any other applicable 
requirement of the CAA. EPA evaluates each section 110(l) 
noninterference demonstration on a case-by-case basis considering the 
circumstances of each SIP revision. EPA interprets CAA section 110(l) 
as applying to all NAAQS that are in effect, including those that have 
been promulgated, but for which EPA has not yet made designations.
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    \5\ CAA section 193, with respect to removal of requirements in 
place prior to enactment of the 1990 CAA Amendments, is not relevant 
because Pennsylvania's RVP control requirements in the Pittsburgh-
Beaver Valley Area were not included in the SIP prior to enactment 
of the 1990 CAA amendments.
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    In the absence of an attainment demonstration to demonstrate no 
interference with any applicable NAAQS or requirement of the CAA under 
section 110(l), EPA believes it is appropriate to allow states to 
substitute equivalent emissions reductions to compensate for any change 
to a SIP-approved program, if net actual emissions in the air do not 
increase. ``Equivalent'' emission reductions mean reductions which are 
equal to or greater than those reductions achieved by the control 
measure approved in the SIP. To show that compensating emission 
reductions are equivalent, modeling or adequate justification must be 
provided. The compensating, equivalent reductions must represent real, 
new emissions reductions achieved in a contemporaneous time frame to 
the change of the existing SIP control measure, in order to preserve 
the status quo level of emissions in the air. In addition to being 
contemporaneous, the equivalent emissions reductions must also be 
permanent, enforceable, quantifiable, and surplus to be approved into 
the SIP.
    In its May 2, 2018 SIP revision, PADEP includes a section 110(l) 
demonstration that uses equivalent emission reductions to offset 
``losses'' from emission reductions resulting from the removal of the 
SIP approved 7.8 psi RVP summertime gasoline requirement in the 
Pittsburgh-Beaver Valley Area of Pennsylvania. Specifically, PADEP 
demonstrates the emission reductions associated with the 7.8 psi RVP 
fuel requirement will be substituted with equivalent or greater 
emissions reductions from: (1) Reductions from an adopted, implemented 
Pennsylvania regulation relating to the use and application of 
adhesives, sealants, primers, and solvents at 25 Pa. Code Section 
129.77 and (2) the permanent shutdown of a facility in the Pittsburgh-
Beaver Valley Area. These substitute emissions are quantifiable, 
permanent, surplus, enforceable, and contemporaneous (i.e. occurring at 
approximately the same period of this demonstration and/or the 
anticipated cessation of the low RVP fuel program). With removal of the 
state 7.8 psi summertime RVP requirement, the federal 9.0 psi RVP limit 
remains as the applicable requirement.
    To determine the emissions impact of removing the 7.8 psi RVP 
program requirements in the Pittsburgh-Beaver Valley Area, PADEP 
considered first the pollutants that impact any NAAQS that are 
controlled through lowering of gasoline RVP: VOCs, NOX, and 
direct PM2.5. PADEP's analysis focuses on VOC and 
NOX emissions because low RVP requirements were adopted by 
the Commonwealth to address the ozone NAAQS and because VOCs and 
NOX emissions are the primary precursors for ground-level 
ozone formation. Also, NOX, VOC, and direct PM2.5 
emissions also contribute to formation of PM2.5. PADEP 
limited its analysis to affected portions of the total emissions 
inventory for the Pittsburgh-Beaver Valley Area such as the highway 
vehicle emissions sector, nonroad vehicle emissions sector, and 
gasoline storage and distribution emissions sources within the 
stationary point source sector. EPA finds the Commonwealth's analysis 
of the affected universe of emissions sources reasonable, as the 7.8 
psi RVP gasoline requirement impacts only emission sources that store, 
distribute, or combust gasoline. PADEP studied the impacts of low RVP 
program removal on the emissions inventory at several points in time 
representing a period just prior to removal of the low RVP program 
(i.e., 2014), the year of RVP program cessation (i.e., 2018), and a 
point five years after RVP program removal (i.e., 2023).
    Table 1 summarizes PADEP's estimates of the expected change in 
highway vehicle emissions from replacement of the Commonwealth's 7.8 
psi summertime low RVP program with the federal 9.0 psi RVP limit. To 
generate these estimates, PADEP used the latest version of EPA's Motor 
Vehicle Emissions Simulator (MOVES), version MOVES2014a, to 
characterize motor vehicle emissions. EPA notes that increasing 
gasoline RVP in and of itself no longer results in an increase in 
emissions of VOCs in the highway vehicle sector, as increases in VOCs 
from evaporative loss and permeation through porous materials are 
offset by improved exhaust emissions reductions from improvements in 
new motor vehicles (e.g., improved engine control, air/fuel management, 
timing management, etc.). Thus, as newer vehicles replace older ones in 
the fleet, the VOC benefits from low RVP gasoline for the highway 
vehicle sector of the

[[Page 27905]]

area's total emission inventory are reduced.

                         Table 1--Highway Emissions Comparison Between PADEP's 7.8 psi Low-RVP Program and the Federal RVP Program for the Pittsburgh-Beaver Valley Area
                                                                         [In tons per day (tpd) and tons per year (tpy)]
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                                                                          2014                                           2018                                           2023
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
                      Scenario                              VOC               NOX          PM2.5           VOC               NOX          PM2.5           VOC               NOX          PM2.5
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
                                                       tpd      tpy      tpd      tpy       tpy       tpd      tpy      tpd      tpy       tpy       tpd      tpy      tpd      tpy       tpy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania 7.8 psi RVP Program...................     38.7   14,134     77.1   28,142       902      25.1    9,082     49.4   17,403       614      18.2    6,650     30.4   10,834       430
Federal 9.0 psi RVP Program........................  .......  .......  .......  .......  .........     25.0    9,040     49.7   17,446       612      18.0    6,604     30.5   10,847       428
Reduction or Increase in Emissions (-) or (+)......  .......  .......  .......  .......  .........    -0.18    -41.4     +0.3    +43.5      -2.0     -0.24    -46.5    +0.09     13.1      -2.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    PADEP modelled nonroad emissions using the MOVES NONROAD model, 
version 2014a, coupled with the 2014 NEI version 1 emission inventory, 
to compile a base year scenario. PADEP assumed this portion of the 
inventory would see an increase of three percent of total VOC emissions 
from removal of the Commonwealth's 7.8 psi RVP gasoline program. Table 
2 summarizes the changes in nonroad vehicle and equipment emissions in 
the Pittsburgh-Beaver Valley area from repeal of the state low-RVP 
gasoline program.

   Table 2--Nonroad Mobile Emissions Comparison Between PADEP's 7.8 psi Low-RVP Program Versus the Federal RVP
                                  Program for the Pittsburgh-Beaver Valley Area
                                                [In tpy and tpd]
----------------------------------------------------------------------------------------------------------------
                                       2014                    2018                            2023
                                 -------------------------------------------------------------------------------
                                        VOC                     VOC                             VOC
                                 -------------------------------------------------------------------------------
                                        tpy             tpd             tpy             tpd             tpy
----------------------------------------------------------------------------------------------------------------
Pennsylvania 7.8 psi RVP Program           7,221           37.15           5,684           35.10           5,370
Federal 9.0 psi RVP Program.....  ..............           38.15           5,837           36.11           5,525
Reduction or Increase in          ..............            1.00             153            1.01             155
 Emissions (-) or (+)...........
----------------------------------------------------------------------------------------------------------------

    Changes in gasoline RVP produce emissions from not only vehicles 
and equipment that store and combust the fuel, but also from 
evaporation and permeation from movement, storage, and transportation 
of the fuel as part of the gasoline distribution system. These sources 
include gasoline refineries and terminals, pipelines, gasoline tanker 
trucks, storage tanks, service station tanks, and portable gas cans. 
These are a combination of large, point sources of emissions and 
smaller area sources. PADEP estimates emissions from these sources by 
different means, ranging from use of emission factors (from EPA's AP-42 
compendium of emission factors) coupled with activity information (or 
surrogates for activity like population) or gasoline sales numbers. 
Some larger sources (e.g., refineries and bulk gasoline terminals) are 
sufficiently large to be estimated or measured more directly as 
discreet sources in the Area's periodic point source emission 
inventory. Table 3 contains a summary of PADEP's estimated emissions 
from these point and area sources resulting from a change from the 
Pennsylvania low-RVP gasoline rule to the federal rule. PADEP assumed 
this portion of the inventory would see an increase of three percent of 
total VOC emissions from removal of the Commonwealth's 7.8 psi RVP 
gasoline program.

Table 3--Gasoline Distribution System Point and Area Sources Increase in
 VOC Emissions From Removal of Pennsylvania's 7.8 psi RVP Requirement in
                    the Pittsburgh-Beaver Valley Area
                            [In tpy and tpd]
------------------------------------------------------------------------
         Point/area source category               2014 NEI VOC (tpy)
------------------------------------------------------------------------
Gasoline Terminals.........................  131.3.
Bulk Plants................................  74.9.
Tank Truck Transit.........................  10.4.
Service Station Unloading..................  0.1.
                                            ----------------------------
    Total 2014 NEI Point Source RVP-Related  216.7.
     Emissions.
3% of 2014 Point Emissions, Attributable to  7 tpy
 7.8 RVP repeal.                             (0.02 tpd).
------------------------------------------------------------------------

    Table 4 summarizes combined highway mobile, nonroad, and point and 
area source emissions impacts from the removal of the Commonwealth's 
7.8 psi low-RVP program for the 2018 and 2023 scenarios.

[[Page 27906]]



            Table 4--Summary of Combined Emission Impacts From Removal of the 7.8 psi Program in the
                                 Pittsburgh-Beaver Valley Area in 2018 and 2023
                                                [In tpy and tpd]
----------------------------------------------------------------------------------------------------------------
                                                VOC                             NOX                    PM2.5
                                 -------------------------------------------------------------------------------
                                        tpy             tpd             tpy             tpd             tpy
----------------------------------------------------------------------------------------------------------------
Highway.........................           -41.4           -0.18            43.5             0.3            -2.0
Nonroad.........................             153               1               0               0               0
Point/Area......................               7           -0.02               0               0               0
                                 -------------------------------------------------------------------------------
    Total Change in 2018                    +119           +0.84           +43.5            +0.3            -2.0
     Emissions..................
                                 -------------------------------------------------------------------------------
Highway.........................           -46.5           -0.24            13.1            0.09            -2.2
Nonroad.........................             155            1.01               0               0               0
Point/Area......................               7            0.02               0               0               0
                                 -------------------------------------------------------------------------------
    Total Change in 2023                    +116           +0.79           +13.1           +0.09            -2.2
     Emissions..................
----------------------------------------------------------------------------------------------------------------

    Based on our review of the information provided, EPA finds that 
PADEP used reasonable methods and the appropriate tools (e.g., 
emissions estimation models, emissions factors, and methodologies) in 
estimating the effect on emissions from removing the 7.8 psi RVP 
summertime gasoline program. PADEP determined that in 2018 the 
emissions increase resulting from removal of the 7.8 psi RVP 
requirement (and replacement with the federal 9.0 RVP gasoline program) 
would be 0.84 summertime tpd of VOC and 0.3 summertime tpd of 
NOX in the Pittsburgh-Beaver Valley Area. PADEP's 
demonstration shows that direct emissions of PM2.5 decrease 
by 2.0 tpy from removal of the 7.8 psi RVP requirement (and replacement 
with the federal 9.0 RVP gasoline program). By 2023, the emissions 
impact of removal of the 7.8 psi RVP requirement would slightly 
decrease from 2018, to 0.79 tpd of VOCs and 0.09 tpd of NOX, 
with direct PM2.5 emissions decreasing slightly more than 
2018 estimates.

B. Pennsylvania's Substitution of Alternative Emissions Reduction 
Measures for the 7.8 psi Low-RVP Gasoline Program

    PADEP has estimated lost and compensating emission reductions for 
the year of removal of the Commonwealth's low-RVP gasoline program 
(after considering the benefits from replacement with the federal 9.0 
RVP gasoline program). PADEP has also estimated emissions impacts in 
the year 2023 to examine the future impacts of removal of the 7.8 psi 
state summertime RVP requirement. To compensate for the emissions 
impact of repeal of this requirement in the Pittsburgh-Beaver Valley 
Area, PADEP has analyzed the emission benefits associated with two 
substitute measures previously implemented but not ``claimed'' in any 
prior SIP attainment plan (under CAA section 172) for the Commonwealth. 
These measures are: (1) Overcontrol of VOC emissions from 
Pennsylvania's adhesives rule (25 Pa. Code Sec.  129.77) and (2) 
unclaimed creditable emissions reductions associated with the permanent 
closure in 2015 of a glass manufacturing facility in Allegheny County, 
Guardian Industries Jefferson Hills facility.
1. Pennsylvania's Adhesives, Sealants, Primers, and Solvents Rule
    Pennsylvania adopted emissions limits for adhesives and sealants 
consistent with the Ozone Transport Commission (OTC) model rule 
covering 37 categories of products, on December 24, 2010 (40 Pa. B. 
7340). On June 25, 2015 (80 FR 36482), EPA approved the adhesives rule 
(25 Pa. Code Section 129.77) into the Pennsylvania SIP. Although this 
measure was implemented prior to the Commonwealth's repeal of the 7.8 
psi low-RVP gasoline program, the emissions reductions from the 
adhesives rule have not previously been ``credited'' in any attainment, 
reasonable further progress, redesignation, or maintenance plan SIP for 
any NAAQS. PADEP has quantified the reductions from the OTC adhesives 
model rule using studies performed by the California Air Resources 
Board (CARB), upon which the OTC model rule was derived. As an area 
source measure, PADEP relied upon population based, per capita emission 
reduction estimates for the 7-county Pittsburgh-Beaver Valley Area. 
PADEP extrapolated its per capita emission factor estimate prepared 
when it adopted the adhesives rule (based on 2009 area population) by 
population data for 2014, 2018, and 2023. For purposes of comparison to 
the low-RVP rule, PADEP seasonally adjusted its original estimate for 
the adhesives rule (based on a 3-month June-August summer season) to 
reflect the longer low-RVP gasoline summertime season (i.e., 5-month 
May-September control season). Table 5 summarizes the daily and annual 
VOC emissions benefit provided by the adhesives rule.

               Table 5--Summary of Pennsylvania's Adhesives Rule VOC Emission Reduction Estimates
                                            for 2014, 2018, and 2023
----------------------------------------------------------------------------------------------------------------
                                                                       2014            2018            2023
----------------------------------------------------------------------------------------------------------------
Projected Pittsburgh-Beaver Valley Area Population (persons)....      2, 358,096       2,346,571       2,338,002
PADEP Adhesives Rule VOC Annual Reduction Emission Factor (tons      4.96 x 10-4     4.96 x 10-4     4.96 x 10-4
 per person per year)...........................................
PADEP Adhesives Rule VOC Daily Reduction Emission Factor (tons       1.36 x 10-6     1.36 x 10-6     1.36 x 10-6
 per person per day)............................................
VOC Reduction from PADEP Adhesives Rule (in tpy)................           1,169           1,163           1,159
VOC Reduction from PADEP Adhesives Rule (in tpd)................            3.21            3.20            3.19
----------------------------------------------------------------------------------------------------------------


[[Page 27907]]

2. Shutdown of Guardian Industries Jefferson Hills Facility
    To further aid in offsetting emission reductions lost from the 
removal of the summertime 7.8 psi low-RVP gasoline requirement (after 
replacement with the federal 9.0 RVP gasoline program), PADEP is 
relying upon emission reductions from the permanent closure of a 
Guardian Industries Corporation glass manufacturing facility located in 
Jefferson Hills, Allegheny County (Facility ID 4200300342). This 
facility ceased operations in August 2015, and Guardian Industries did 
not request that potentially creditable emission reductions be 
preserved in the inventory within the one year deadline for doing so 
under 25 Pa. Code Chapter 127, Subchapter E (relating to emission 
reduction credit generation under Pennsylvania's new source review 
(NSR) program). Having missed the legal deadline for doing so, the 
associated emission reductions from the facility shutdown can no longer 
be used by any facility for complying with the NSR program. 
Pennsylvania asserts the reductions have not been used and cannot be 
used in the future by Pennsylvania to meet any other obligation, 
including attainment demonstration, facility emission limitation, 
reasonable further progress, or maintenance plan requirements for the 
area. The facility has been permanently closed and the emission source 
removed. The plan approvals and operating permits for the facility are 
no longer valid. Any new source at this facility would be subject to 
NSR permitting provisions (including securing emission offsets as 
required by CAA and Pennsylvania SIP) and would not be able to use any 
emission reductions from this closure for permitting purposes.
    To quantify emission reductions from the Guardian Industries 
Jefferson Hills facility shutdown, PADEP applied requirements from 
Pennsylvania's creditable emissions decrease provisions for 
applicability determination under the NSR program (25 Pa. Code Section 
127.203a), used for calculation of lookback periods and baseline credit 
determinations for emission reduction credit generation. Table 6 
summarizes PADEP's estimate of creditable emission reductions from the 
Guardian Industry Jefferson Hills facility for use in partially 
offsetting the removal of the 7.8 psi RVP gasoline program.

 Table 6--Summary of Emission Reductions From the Permanent Shutdown of
              Guardian Industries Jefferson Hills Facility
------------------------------------------------------------------------
Permanent emission offsets for 24-                                 Offsets
  month annual average  (August       Pollutant     Offsets  (in      (in
         2013-July 2015)                                tpy)         tpd)
----------------------------------------------------------------- ---------
NOX..............................             625             1.8
VOC..............................            13.8            0.04
PM2.5............................            26.5             N/A
------------------------------------------------------------------------

C. Comparison of Emissions Impacts From Removal of the Commonwealth's 
7.8 psi RVP Gasoline Program and the Uncredited Emission Reductions 
From Substitute Measures

    Pennsylvania is relying upon NOX, VOC, and 
PM2.5 emission reductions from its adoption of the OTC model 
adhesives rule and from the shutdown of Guardian Industries Jefferson 
Hills glass manufacturing facility in Allegheny County to offset the 
emissions impact of removing the Commonwealth's summertime gasoline 
volatility control rule and to support that its argument that removal 
of 7.8 psi RVP requirement from the SIP will not interfere with 
attainment of any NAAQS. Pennsylvania has elected to adjust upward by 
25 percent its estimates for the emission impact of the removal of the 
7.8 psi RVP gasoline program (as shown in Table 4), to account for 
uncertainty in its calculation of the estimates for the emissions 
benefits from that program. Table 7 summarizes the Pittsburgh-Beaver 
Valley Area emissions increases from repeal of the low-RVP gasoline 
program compared to the emissions benefits resulting from the 
alternative emission reduction measures.

  Table 7--Summary of Pittsburgh-Beaver Valley Impacts From Removal of the 7.8 psi Gasoline Volatility Program
                            Compared to Emissions Benefits From Alternative Measures
                                               [In 2018 and 2023]
----------------------------------------------------------------------------------------------------------------
                                                         VOC                       NOX                  PM2.5
                                             ----------------------------------------------------------------------
                                                  tpy          tpd          tpy          tpd          tpy      tpd
------------------------------------------------------------------------------------------------------------- -----
2018:
    Change in Emissions from RVP Rule Repeal          119         0.84         43.5          0.3         -2.0
     6......................................
    Emission Adjustment to RVP Change                  30         0.21           11         0.08         -2.0
     Estimate (25% increase)................
                                             -------------------------------------------------------------------
        Total Emissions Requiring Offset....          149         1.05         54.5         0.38  ...........
    Adhesives Rule Reductions for Offset....        1,163          3.2            0            0            0
    Facility Shutdown Reductions for Offset.         13.8         0.04          625          1.8         26.5
                                             -------------------------------------------------------------------
        Total Available Offset Emissions....        1,177         3.24          625          1.8         28.5
    Surplus Reductions After Offset (Total          1,029         2.19        570.5          1.0         28.5
     Emissions Requiring Offset--Total
     Available Offsets).....................
2023:
    Change in Emissions from RVP Rule Repeal          116         0.79         13.1         0.09         -2.0
     7......................................
    Emission Adjustment to RVP Change                  29         0.20          3.3         0.02  ...........
     Estimate (25% increase)................
                                             -------------------------------------------------------------------
        Total Emissions Requiring Offset....          144         0.99         16.4         0.11         -2.0
    Adhesives Rule Reductions for Offset....        1,159         3.19            0            0            0

[[Page 27908]]

 
    Facility Shutdown Reductions for Offset.         13.8         0.04          625          1.8         26.5
                                             -------------------------------------------------------------------
        Total Available Offset Emissions....        1,173         3.23          625          1.8         28.5
    Surplus Reductions After Offset (Total          1,029         2.24        608.6         1.69         28.5
     Emissions Requiring Offset--Total
     Available Offsets).....................
----------------------------------------------------------------------------------------------------------------

    As indicated in Table 7, Pennsylvania has a surplus of VOC, 
NOX, and PM2.5 emission reductions from the 
alternative emission reduction measures after offsetting the emissions 
reductions lost from repeal of the Commonwealth's low-RVP gasoline 
program, in both 2018 (the year of repeal of the low-RVP gasoline 
program) and in the 2023 future case. Although not needed to offset the 
low-RVP gasoline rule, PADEP is electing to retire all emissions 
reductions from the facility shutdown and will not use them for any 
future NSR program purposes. These surplus emission reductions, not 
previously claimed for any SIP-approved plan, will help to ensure that 
removal of the low-RVP gasoline program will not interfere with any 
NAAQS for the Pittsburgh-Beaver Valley Area.
---------------------------------------------------------------------------

    \6\ This increase (or decrease) in emissions is the net emission 
change when comparing the Commonwealth's 7.8 psi requirement for the 
Pittsburgh-Beaver Valley Area to the federal 9.0 psi RVP program 
requirement that will remain upon removal of the Commonwealth's 
program.
    \7\ This increase (or decrease) in emissions is the net emission 
change when comparing the Commonwealth's 7.8 psi requirement for the 
Pittsburgh-Beaver Valley Area to the federal 9.0 psi RVP program 
requirement that will remain upon removal of the Commonwealth's 
program.
---------------------------------------------------------------------------

    EPA believes that the removal of the 7.8 psi low RVP fuel program 
requirements in the Pittsburgh-Beaver Valley Area does not interfere 
with Pennsylvania's ability to demonstrate compliance with any of the 
ozone or PM2.5 NAAQS, which could potentially have been 
impacted by the NAAQS pollutant precursors that are the subject of the 
SIP revision. EPA's analyses of the Commonwealth's SIP revision for CAA 
110(l) impact is supported by its use of alternate emission reduction 
measures that ensure permanent, enforceable, contemporaneous, surplus 
emissions reductions are achieved within the Pittsburgh-Beaver Valley 
Area which far exceed the slight increase in NOX and VOC 
pollutants from the removal of low RVP fuel especially as Pennsylvania 
is still subject to the federal RVP fuel requirement of 9.0 psi. Based 
on Pennsylvania's CAA 110(l) analysis showing surplus emission 
reductions (see Table 7), EPA has no reason to believe that the removal 
of the low RVP fuel requirements in the Pittsburgh-Beaver Valley area 
will negatively impact the area's ability to attain or maintain any 
NAAQS including specifically ozone and PM2.5 or interfere 
with reasonable further progress. In addition, EPA believes that 
removing the 7.8 psi low RVP program requirements in the Pittsburgh-
Beaver Valley Area will not interfere with any other CAA requirement as 
the Area will remain subject to the federal low RVP fuel requirements.

V. Impacts on the Boutique Fuels List

    Section 1541(b) of the Energy Policy Act of 2005 required EPA, in 
consultation with the U.S. Department of Energy, to determine the 
number of fuels programs approved into all SIPs as of September 1, 2004 
and to publish a list of such fuels. On December 28, 2008 (71 FR 
78192), EPA published the list of boutique fuels. EPA maintains the 
current list of boutique fuels on its website at: https://www.epa.gov/gasoline-standards/state-fuels. The final list of boutique fuels was 
based on a fuel type approach. CAA section 211(c)(4)(C)(v)(III) 
requires that EPA remove a fuel from the published list if it is either 
identical to a federal fuel or is removed from the SIP in which it is 
approved. Under the adopted fuel type approach, EPA interpreted this 
requirement to mean that a fuel would have to be removed from all SIPs 
in which it was approved in order for it to be removed from the list. 
(71 FR 78195).
    The 7.8 psi RVP fuel program (as required by Pa. Code Chapter 126, 
Subchapter C), as approved into Pennsylvania's SIP, is a fuel type that 
is included in EPA's boutique fuel list (71 FR 78198-99; https://www.epa.gov/gasoline-standards/state-fuels). The specific counties in 
the Pittsburgh-Beaver Valley Area where summer low RVP gasoline is 
required are identified on EPA's Gasoline Reid Vapor Pressure web page 
(https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). 
Subsequent to the final effective date of EPA's approval of 
Pennsylvania's May 2, 2018 SIP revision to remove Pennsylvania's 
Chapter 126, Subchapter C RVP requirement from the SIP, EPA will update 
the State Fuels and Gasoline Reid Vapor Pressure web pages with the 
effective date of the SIP removal. However, the entry for Pennsylvania 
will be not be completely deleted from the list of boutique fuels, as 
Allegheny County remains subject to a separate, SIP-approved 7.8 psi 
RVP gasoline requirement of ACHD's Rules and Regulations, Article XXI, 
pending future action by ACHD to repeal that rule and submit a formal 
SIP revision requesting its repeal from the Pennsylvania SIP. This 
deletion of Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties from the list will not result in an opening on 
the boutique fuels list because the 7.8 psi RVP fuel type remains for 
one Pennsylvania County, and in other state SIPs.

VI. What action is EPA taking?

    EPA is approving Pennsylvania's May 2, 2018 SIP revision to remove 
the low RVP fuel requirements at 25 Pa. Code Chapter 126, Subchapter C 
from the Pennsylvania SIP. With this action, EPA is also approving the 
Commonwealth's supporting CAA 110(l) demonstration in its May 2, 2018 
submission that removal of the low RVP gasoline program does not 
interfere with the Commonwealth's ability to attain or maintain any 
NAAQS in the Pittsburgh-Beaver Valley Area. Our approval of the May 2, 
2018 SIP submittal is in accordance with CAA requirements in section 
110, including section 110(l) specifically.
    EPA's approval of the May 2, 2018 Pennsylvania SIP revision does 
not remove the separate SIP requirement applicable requiring use of 7.8 
psi RVP gasoline during summertime months in Allegheny County, under 
requirements set forth in Article XXI, Rules and

[[Page 27909]]

Regulations of the ACHD, which were approved by EPA as part of the 
Commonwealth's SIP on April 17, 2001 (66 FR 19724). PADEP will submit a 
SIP revision, at a later date, on behalf of ACHD to remove or otherwise 
amend the separate Allegheny County low RVP gasoline program rule. 
Neither ACHD's rule nor the related approved Pennsylvania SIP for 
Article XXI are the subject of this action or the Pennsylvania May 2, 
2018 low RVP gasoline SIP revision.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on August 14, 2018 without further notice 
unless EPA receives adverse comment by July 16, 2018. If EPA receives 
adverse comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

VII. Statutory and Executive Order Reviews

A. General Requirements

    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 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.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 14, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action. This action to remove from the Pennsylvania SIP 
requirements for low RVP fuel for the Pittsburgh Area may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 6, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by 
removing the title and entries for ``Subchapter C--Gasoline Volatility 
Requirements'' under Title 25, Chapter 126 Standard for Motor Fuels.

[FR Doc. 2018-12703 Filed 6-14-18; 8:45 am]
BILLING CODE 6560-50-P


