[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Proposed Rules]
[Pages 17762-17768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08156]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0144; FRL-9992-63--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Removal of Allegheny County Requirements Applicable to 
Motor Gasoline Volatility in the Allegheny County Portion of the 
Pittsburgh-Beaver Valley Area

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, on behalf of the Allegheny County Health 
Department (ACHD), on March 19, 2019. This revision seeks removal from 
the Pennsylvania SIP of Allegheny County requirements limiting 
summertime gasoline volatility to 7.8 pounds per square inch (psi) Reid 
Vapor Pressure (RVP), which were originally adopted to

[[Page 17763]]

reduce ozone precursor pollution to address nonattainment of the 1-hour 
ozone national ambient air quality standard (NAAQS) in the Allegheny 
County portion of the Pittsburgh-Beavery Valley ozone nonattainment 
area (hereafter referred to as the Pittsburgh-Beaver Valley Area). In 
December 2018, EPA issued a final approval of the Pennsylvania 
Department of Environmental Protection's (PA DEP) request to remove 
from the SIP the PA DEP requirements limiting the summer RVP of 
gasoline in the Pittsburgh-Beaver Valley Area. As part of that action, 
EPA also approved the accompanying demonstration prepared by 
Pennsylvania that shows that the emission impacts from removal of the 
program will not interfere with the area's ability to attain or 
maintain any NAAQS. EPA is proposing that this prior approved 
noninterference demonstration also serves to support Pennsylvania's 
request to remove the separate program imposed by Allegheny County 
requiring summer 7.8 psi RVP gasoline and that removal of this 
substantially similar, local low-RVP program will not interfere with 
the area's ability to attain or maintain the NAAQS. This action is 
being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 28, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0144 to 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, Planning and 
Implementation Branch (3AD30), Air and Radiation Division, U.S. 
Environmental Protection Agency, Region 3, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2176. Mr. Rehn can also be reached via electronic mail at 
[email protected].

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

I. Background
    A. Federal Gasoline Volatility Controls Under the CAA
    B. History of State and Local Gasoline Volatility Controls 
Applicable to the Pittsburgh-Beaver Valley Area
II. What Prompted ACHD to suspend gasoline locally adopted 
volatility requirements applicable to Allegheny County?
    A. Pennsylvania Legislature Directs PA DEP To Suspend State 
Gasoline Volatility Controls Applicable to the Pittsburgh-Beaver 
Valley Area
    B. ACHD Amendment of Allegheny County Gasoline Volatility 
Requirements Rule To Suspend Local RVP Requirements Applicable to 
Allegheny County
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?
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 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. That rule, referred to as Federal Phase I 
RVP standards, constituted the first phase of a two-phase nationwide 
program that was designed to reduce the volatility of commercial 
gasoline during the high ozone season. Depending on the state and 
month, Federal Phase I gasoline RVP was not to exceed 10.5 psi, 9.5 
psi, or 9.0 psi between calendar years 1989 through 1991. On June 11, 
1990 (55 FR 23658), EPA promulgated more stringent Phase II Federal 
gasoline volatility standards. These requirements established maximum 
RVP standards of 9.0 psi or 7.8 psi, depending on the state location 
and the area's initial ozone attainment designation with respect to the 
1-hour ozone NAAQS. Phase II was applicable starting in 1992 and 
remains in effect, except in areas that have more stringent SIP-
approved RVP control programs in place. These Federal volatility 
regulations are codified at 40 CFR 80.27, with the delineation between 
areas designated as Federal 9.0 psi RVP volatility attainment areas 
codified at 40 CFR 80.27(a)(2)(i), and those areas designated as 
Federal 7.8 psi RVP volatility nonattainment areas at 40 CFR 
80.27(a)(2)(ii).
    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.
    Under Federal Phase II gasoline volatility requirements, which were 
promulgated 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 RVP above 9.0 psi in all areas designated attainment for 
ozone. Under the revised Phase II standards published on June 11, 1990 
(55 FR 23658), areas are subject to either a 9.0 psi RVP standard, or 
to a newly added 7.8 psi ozone season limitation applicable to some 
states.
    Under these Federal Phase II RVP requirements, the Commonwealth of 
Pennsylvania was required to meet a Federal 9.0 psi RVP standard during 
the summer RVP control period--except for 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).

[[Page 17764]]

    However, Pennsylvania and Allegheny County were later granted a 
Federal ``preemption waiver'' under authority of CAA section 
211(c)(4)(C), which allows a state to adopt their own more stringent, 
state-specific fuel program (or ``boutique'' fuel program) as part of 
the Federally-approved SIP. It was this Federal fuel preemption waiver 
that enabled Pennsylvania (and Allegheny County) to adopt a more 
stringent gasoline volatility program in the Pittsburgh-Beaver Valley 
area, as described in more detail in this rulemaking action.

B. History of State and Local Gasoline Volatility Controls Applicable 
to 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, which included: Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, and Westmoreland Counties. As one of a number of measures 
aimed to bring the Pittsburgh-Beaver Valley Area into ozone attainment, 
Pennsylvania adopted (among other measures) gasoline RVP limits, 
through separate but substantially similar PA DEP and ACHD rules 
limiting summertime gasoline volatility in the Pittsburgh-Beaver Valley 
Area to 7.8 psi RVP. PA DEP initially adopted a gasoline RVP limit 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 
approved 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).
    As the local air pollution control agency for Allegheny County, the 
ACHD subsequently adopted a substantially similar summertime gasoline 
volatility limit rule (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, PA DEP formally submitted a SIP 
revision to EPA (on behalf of ACHD) to incorporate ACHD's gasoline RVP 
summertime requirements identified above 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.
    PA DEP amended its RVP limit rule in April 2017 to suspend 
summertime gasoline RVP limits, formerly applicable to all seven 
counties in the Pittsburgh-Beaver Valley Area.\1\ ACHD subsequently 
revised its own RVP limit rule (Article XXI, Sec. Sec.  2105.90, and 
2107.15 of the Rules and Regulations of the Allegheny County Health 
Department; amended February 21, 2019, effective March 3, 2019), 
suspending applicability of ACHD's RVP requirements upon the effective 
date of EPA's removal of the revised Article XXI sections from the 
Allegheny County portion of the Pennsylvania SIP. On March 19, 2019, PA 
DEP submitted this SIP revision (on behalf of ACHD) to EPA to request 
removal of the ACHD's RVP rule requirements from the Pennsylvania SIP. 
This request to remove the ACHD RVP program requirements from the SIP 
is the subject of EPA's current rulemaking action.
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    \1\ See Pa Code, Title 26, Chapter 126, Subchapter C (relating 
to motor vehicle and fuels programs, gasoline volatility 
requirements), effective January 22, 2019. (Pa Bulletin, Vol. 48, 
No. 14; April 7, 2018). This rule amended Sec.  126.301 (relating to 
compliant fuel requirement) to make Chapter 126, Subchapter C no 
longer applicable to the Pittsburgh-Beaver Valley Area upon the 
effective date of approval by EPA of the removal of Chapter 126, 
Subchapter C as a Federally-enforceable control measure in the 
Commonwealth's SIP. EPA approved Pennsylvania's SIP request to 
remove the PA DEP RVP requirements of Chapter 126 in a final rule 
published December 20, 2018 (83 FR 65301).
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II. What prompted ACHD to suspend locally adopted gasoline volatility 
requirements applicable to Allegheny County?

A. Pennsylvania Legislature Directs PA DEP To Suspend State Gasoline 
Volatility Controls Applicable to the Pittsburgh-Beaver Valley Area

    In the 2013-14 session, the Pennsylvania General Assembly passed, 
and Governor Corbett signed into law, Act 50 (Pub. L. 674, No. 50 of 
May 14, 2014), that amended the Pennsylvania Air Pollution Control Act 
to direct PA DEP to initiate a process to repeal PA DEP's Pittsburgh-
Beaver Valley Area gasoline RVP requirements. That process culminated 
with PA DEP's submission on May 2, 2018 of a SIP revision requesting 
that EPA remove from the Pennsylvania portion of the SIP the Pa. Code 
RVP provisions of Chapter 126, Subchapter C gasoline RVP limits and 
also approve PA DEP's CAA 110(l)-required noninterference demonstration 
showing that repeal of PA DEP's RVP requirements would not interfere 
with the Pittsburgh-Beaver Valley Area's attainment of any NAAQS. 
Pennsylvania's analysis showed that the emissions impact from repeal of 
the 7.8 psi RVP summer limit (to be replaced by the Federal 9.0 psi 
summertime gasoline RVP requirement) would be fully offset through 
substitution of commensurate benefits from another enacted emission 
reduction measure reducing emissions from area sources in the 
Pittsburgh-Beaver Valley Area, as well as reductions from permanent 
shutdown of a glass manufacturing facility in Allegheny County. For 
further information on the Commonwealth's supporting demonstration 
showing removal of the RVP program from the Pittsburgh-Beaver Valley 
Area will not interfere with the area's ability to meet Federal NAAQS, 
as well as EPA's analysis of that demonstration, please refer to EPA's 
December 20, 2018 (83 FR 65301) final rule approving Pennsylvania's 
removal of PA DEP's Chapter 126 low-RVP program from the seven counties 
comprising the Pittsburgh-Beaver Valley Area and the docket for that 
action.

B. ACHD Amendment of Allegheny County Gasoline Volatility Requirements 
Rule To Suspend Local RVP Requirements Applicable to Allegheny County

    ACHD subsequently revised its own RVP limit rule (Article XXI, 
Sec. Sec.  2105.90, and 2107.15 of the Rules and Regulations of the 
Allegheny County Health Department; amended February 21, 2019, 
effective March 3, 2019), suspending applicability of ACHD's gasoline 
RVP requirements upon the effective date of EPA's removal of the 
revised Article XXI sections from the Allegheny County portion of the 
Pennsylvania SIP.
    The revised ACHD gasoline volatility regulation contains an added 
provision suspending the requirements that ban the sale or transfer of 
gasoline in Allegheny County non-compliant with a 7.8 psi RVP limit 
(between May 1 through September 15). Per ACHD's revised rule (as 
amended February 21, 2019), the County's 7.8 psi summer limit and 
related requirements (at Article XXI, Sec. Sec.  2105.90 and 2107.15) 
will no longer be applicable upon the effective date of EPA's final 
action approving removal of the RVP program from the Allegheny County 
portion of the Pennsylvania SIP. Upon the effective date of EPA final 
action to approve the Commonwealth's request to remove the Allegheny 
County 7.8 psi RVP program requirements from the SIP, all state and 
local RVP limits for the Pittsburgh-Beaver Valley would be rescinded, 
reverting the entire

[[Page 17765]]

Pittsburgh-Beaver Valley Area to the applicable Federal Phase II RVP 
requirements.\2\
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    \2\ See EPA's Phase II Volatility Regulations published June 11, 
1990 (55 FR 23658), as amended December 12, 1991 (56 FR 64704). EPA 
amended Federal Phase II volatility regulations to make them 
consistent with CAA section 211(h), prohibiting the sale of gasoline 
(beginning in 1992) with RVP above 9.0 psi in all areas designated 
attainment for ozone. For areas designated nonattainment, the 
regulations retained the original Phase II standards established by 
the June 1990 Phase II rule.
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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 
consideration of the impact of removal of this rule on air quality 
focuses primarily on those NAAQS to which emission from this program 
contribute (either directly or as NAAQS 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. 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 7.8 psi RVP 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. In May of 2012, EPA classified the Pittsburgh-Beaver Valley Area 
as moderate nonattainment under section 181 of the CAA.\3\ 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.
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    \3\ 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.
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    On March 27, 2008 (73 FR 16436), EPA strengthened the 8-hour NAAQS 
from 0.080 to 0.075 ppm. On May 21, 2012 (77 FR 30088), EPA designated 
and classified the Pittsburgh-Beaver Valley Area as marginal 
nonattainment for the 2008 8-hour ozone NAAQS. On March 6, 2015 (80 FR 
12264), EPA published its ozone implementation rule for the 2008 ozone 
NAAQS, which established the date of July 20, 2016 as the deadline for 
marginal areas to attain the 2008 8-hour ozone 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.\4\ The Pittsburgh-Beaver Valley Area continues to attain the 
2008 ozone NAAQS for the most recent 2016-2018 three-year monitoring 
period.
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    \4\ 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 April 19, 2019 SIP submittal for removal of the RVP 
program in Allegheny County relies upon a demonstration of 
noninterference, per the requirements of CAA section 110(l), that was 
originally submitted by PA DEP as part of its May 2, 2018 SIP revision 
for removal of the state RVP program in the larger Pittsburgh-Beaver 
Valley Area--a substantially similar state RVP requirements rule that 
geographically overlaps Allegheny County's rule. EPA approved 
Pennsylvania's May 2, 2018 SIP noninterference demonstration as part of 
our December 20, 2018 approval of that SIP revision (83 FR 65301). This 
SIP-approved 110(l) demonstration includes EPA updated photochemical 
grid modeling results for the 2008 ozone NAAQS (See Appendix H of 
Pennsylvania's May 2, 2018 SIP revision, which is also appended for 
reference as Appendix H to the March 19, 2019 SIP requesting removal of 
Allegheny County's RVP program), based on updated electric generating 
unit data for 2017.\5\ This forecast data predicts that the Pittsburgh-
Beaver Valley Area will continue to attain the 2008 ozone NAAQS and 
will remain in attainment of the 2015 ozone NAAQS by 2023.
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    \5\ 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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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

[[Page 17766]]

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-Beaver County Area to attainment of the 1997 
annual and 2006 24-hour PM2.5 NAAQS.
    On January 15, 2013, EPA published revised annual and 24-hour 
PM2.5 NAAQS (78 FR 3086). On April 7, 2015, EPA designated 
Allegheny County as moderate nonattainment of the 2012 annual 
PM2.5 NAAQS (80 FR 18535).\6\ Allegheny County continues to 
be nonattainment for the 2012 annual PM2.5 NAAQS.
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    \6\ 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?

    State/local control of motor gasoline is preempted by CAA section 
211(c)(4)(A), except in cases where EPA has granted a preemption waiver 
under 211(c)(4)(B) or (C) as part of a SIP approval. As such a SIP-
approved, Federally preempted CAA 211(c)(4) ``boutique fuel'' program, 
Allegheny County's RVP control program is not a mandatory measure 
required to address nonattainment under Part D of Subchapter 1 of the 
CAA. Nor are boutique fuels subject to ``anti-backsliding'' as it 
relates to a revoked NAAQS (e.g., the 1979 1-hour or 1997 ozone NAAQS) 
in the case where EPA adopts a more stringent NAAQS (e.g., the 2015 
ozone NAAQS), since state/locally-adopted boutique fuels are not an 
``applicable requirement'' that must be retained as a SIP obligation 
(in certain situations) where a NAAQS has been revoked by EPA.\7\ Nor 
does section CAA section 193, applicable to pre-1990 implemented or 
required rules, apply because this boutique fuel rule was neither 
required or enacted prior to that date.
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    \7\ For instance, in the case of the 2008 Ozone Implementation 
Rule (40 CFR part 51, subpart AA), applicable requirements for 
purposes of anti-backsliding are defined at 40 CFR 51.1100(o).
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    Therefore, 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).\8\ 
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 SIP revision for 
CAA 110(l) noninterference compliance on an individual basis. 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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    \8\ 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 that shows 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 
potential emission increases caused by a change to a SIP-approved 
program, so long as net actual emissions to 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, which in this case is 7.8 psi RVP gasoline. To 
show that compensating emission reductions are equivalent, modeling or 
adequate justification must be provided. The compensating, equivalent 
or greater 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, PA DEP submitted a section 110(l) 
demonstration that relies upon emission reductions from another 
emission control measure (and a permanently shutdown stationary source) 
to fully offset any potential increase in emissions that would 
otherwise result from removal of the SIP approved 7.8 psi RVP 
summertime gasoline requirement in the Pittsburgh-Beaver Valley Area. 
Specifically, PA DEP demonstrated that emission reductions in the 
Pittsburgh-Beaver Valley Area from the 7.8 psi RVP program are fully 
offset by: (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. 
The substitute emissions reduction measures were demonstrated to be 
quantifiable, permanent, surplus, enforceable, and contemporaneous 
(i.e. occurring at approximately the same time as cessation of the low-
RVP fuel program). Upon removal of the state 7.8 psi summertime RVP 
program, the Federal 9.0 psi RVP limit becomes the applicable fuel 
volatility control program in the Area.
    EPA approved the Commonwealth's CAA 110(l) noninterference 
demonstration supporting removal of the 7.8 psi RVP gasoline program in 
the Pittsburgh-Beaver Valley Area on December 20, 2018 (83 FR 65301). 
The PA DEP's 7.8 psi RVP control program for the entire Pittsburgh-
Beaver Valley Area (under Pa Code Chapter 126) is similar in legal 
substance to that of Allegheny County's 7.8 psi RVP program (under 
Article XXI of the County's Rules and Regulations). Because of the 
similarity of the two programs, the March 19, 2019 SIP revision 
requesting removal of ACHD's 7.8 psi RVP program from the SIP relies 
upon the Commonwealth's prior approved noninterference demonstration to 
show that removal of the ACHD program will not interfere with 
attainment (or other CAA applicable requirements) of any NAAQS in the 
Pittsburgh-Beaver Valley Area. The March 19, 2018 SIP revision contains 
a copy of the PA DEP's earlier demonstration, for reference, without 
changing the substance of that prior demonstration. Because of the 
similarity between the ACHD county low-RVP rule and the areawide PA DEP 
low-RVP rule, EPA agrees with this approach to demonstrating that 
removal of ACHD's 7.8 psi RVP program for Allegheny County will not 
require additional evaluation for CAA 110(l) noninterference beyond the 
showing made by PA DEP for the 7.8. psi RVP program suspension in the 
Pittsburgh-Beaver Valley Area.

[[Page 17767]]

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, 2006 (71 FR 
78192), EPA published the list of boutique fuels, as it existed at that 
time. 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 prior to being removed 
from the list (71 FR 78195).
    The 7.8 psi RVP fuel program (as required by Allegheny County 
Article XXI), as approved into Pennsylvania's SIP, is a fuel type that 
is included in EPA's boutique fuel list, as shown in a state-by-state 
listing of boutique fuels (71 FR 78198-99). The list of states and 
areas where federal 7.8 psi and 9.0 psi low-RVP gasoline are currently 
required can also be referenced on EPA's Gasoline Reid Vapor Pressure 
web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). On that list, Allegheny County, Pennsylvania is currently 
listed as a partial area boutique fuel program for Pittsburgh, 
Pennsylvania. Subsequent to the final effective date of EPA's approval 
of Pennsylvania's March 19, 2019 SIP revision to remove Allegheny 
County's Rules and Regulations, Article XXI 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. After the 
effective date of the final action on the March 19, 2019 SIP revision, 
EPA will remove the 7.8 psi RVP fuel type for Pennsylvania from the 
list of boutique fuels.

VI. What Action is EPA taking?

    EPA has reviewed Pennsylvania's March 19, 2019 SIP revision 
requesting removal of the Allegheny County low-RVP rule and related 
requirements from the Pennsylvania SIP. EPA is proposing to approve 
Pennsylvania's March 19, 2019 SIP revision request to remove gasoline 
RVP-related provisions of Article XXI of the ACHD's Rules and 
Regulations from the Allegheny County portion of the Commonwealth's 
SIP--including Part E, Subpart 9, section 2105.90 (related to gasoline 
volatility) and Part G, section 2107.15 (related to test methods for 
gasoline RVP).
    EPA is proposing to remove Allegheny County's 7.8 psi RVP 
requirements from the approved SIP, as codified at 40 CFR 
52.2020(c)(2). This proposed removal from the approved Pennsylvania SIP 
is supported by a CAA noninterference demonstration prepared by PA DEP 
in support of the May 2018 SIP revision that requested removal of the 
Commonwealth's 7.8 psi RVP program in the larger Pittsburgh-Beaver 
Valley Area--the removal of which EPA approved in the final rule 
published December 20, 2018 (83 FR 65301). In the March 19, 2019 SIP 
revision submitted by PA DEP on behalf of ACHD, ACHD references this 
demonstration, which analyzes the suspension of 7.8 psi gasoline for 
the entire Pittsburgh-Beaver Valley Area, including Allegheny County. 
With this action, EPA is also proposing to approve the Commonwealth's 
use of the previously approved CAA 110(l) demonstration from its May 2, 
2018 submission to demonstrate that removal of the Allegheny County 
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 requirements for SIP actions under CAA section 110.
    EPA is soliciting public comments on the issues discussed in this 
document. Since EPA already approved the Commonwealth's technical 
demonstration considering the emissions impact of the removal of 7.8 
psi RVP programs from the Pittsburgh-Beaver Valley Area (as part of its 
December 2018 approval of Pennsylvania's request to remove the PA DEP 
RVP requirements in the same area), EPA is not soliciting public 
comment on the technical merits of that approved demonstration. Any 
comments received will be considered by the Agency before EPA takes 
final action.

VII. 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.);
     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 proposed rule to approve Pennsylvania's request 
to remove ACHD's gasoline volatility regulatory requirements from the 
Pennsylvania SIP 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, Carbon monoxide, 
Incorporation by reference,

[[Page 17768]]

Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, and Volatile organic 
compounds.

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

    Dated: April 12, 2019.
Cosmo Servidio.
Regional Administrator, Region III.
[FR Doc. 2019-08156 Filed 4-25-19; 8:45 am]
BILLING CODE 6560-50-P


