Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 27901 

environment. This rule involves a safety 

zone lasting 2 hours that will prohibit 

entry within 234 yards of a fireworks 

barge in the Appomattox River near City 

Point in Hopewell, VA. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0330 to read as 

follows: 

§ 165.T05–0330 Safety Zone, Appomattox 

River; Hopewell, VA. 

(a) Definitions. The following 

definitions apply to this section: 

(1) Captain of the Port means the 

Commander, Sector Hampton Roads. 

(2) Representative means any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized to act 

on the behalf of the Captain of the Port. 

(3) Participants mean individuals and 

vessels involved in the fireworks 

display. 

(b) Location. The following area is a 

safety zone: All navigable waters in the 

vicinity of the Appomattox River at 

confluence with the James River, within 

a 234 yard radius of the fireworks 

display barge in approximate position 

37°18′52.20′′ N, 077°17′12.52′′ W (NAD 

1983). 

(c) Regulations. (1) Except as provided 

in paragraph (c)(4) of this section, all 

persons are required to comply with the 

general regulations governing safety 

zones of subpart C of this part. 

(2) With the exception of participants, 

entry into or remaining in this safety 

zone is prohibited unless authorized by 

the Captain of the Port, Hampton Roads 

or his designated representatives. All 

vessels within this safety zone at the 

time it is implemented are to depart the 

zone immediately. 

(3) The Captain of the Port, Hampton 

Roads or his representative can be 

contacted at telephone number (757) 

668–5555. The Coast Guard and 

designated security vessels enforcing 

the safety zone can be contacted on 

VHF–FM marine band radio channel 13 

(165.65 Mhz) and channel 16 (156.8 

Mhz), or by visual or verbal hailing onscene. 

(4) This section does not apply to 

participants and vessels that are 

engaged in the following operations: 

(i) Enforcing laws; 

(ii) Servicing aids to navigation; and 

(iii) Emergency response vessels. 

Dated: June 11, 2018. 

Richard J. Wester, 

Captain, U.S. Coast Guard, Captain of the 

Port, Hampton Roads. 

[FR Doc. 2018–12863 Filed 6–14–18; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

spielberger.susan@epa.gov. 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 rehn.brian@epa.gov. 

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 


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27902 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 

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 PittsburghBeaver 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 stateby-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 PittsburghBeaver 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 PittsburghBeaver 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 Pennsylvaniaspecific 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 


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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 27903 

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. 

2On 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. 

3EPA 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. 

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 PittsburghBeaver 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

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 PittsburghBeaver 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. 

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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27904 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 

4This 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. 5CAA 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. 

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. 

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. 

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 SIPapproved 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 PittsburghBeaver 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 


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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)] 

Scenario 

2014 2018 2023 

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 PittsburghBeaver 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 Emissions (¥) or (+) ................... ........................ 1.00 153 1.01 155 

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. 

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—Continued 

[In tpy and tpd] 

Point/area source category 

2014 NEI 

VOC 

(tpy) 

Total 2014 NEI Point 

Source RVP-Related 

Emissions.

216.7. 

3% of 2014 Point Emissions, Attributable to 7.8 RVP repeal.7 tpy 

(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. 


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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 Emissions ................................. +119 +0.84 +43.5 +0.3 ¥2.0 

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 Emissions ................................. +116 +0.79 +13.1 +0.09 ¥2.2 

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 § 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 PittsburghBeaver 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 MaySeptember 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 per person per year) 4.96 × 10¥4 4.96 × 10¥4 4.96 × 10¥4

PADEP Adhesives Rule VOC Daily Reduction Emission Factor (tons per person per day) ..... 1.36 × 10¥6 1.36 × 10¥6 1.36 × 10¥6

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 


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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-month annual average 

(August 2013–July 2015) Pollutant Offsets (in tpy) 

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 PittsburghBeaver 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 

2018: 

Change in Emissions from RVP Rule Repeal 6 ............................... 119 0.84 43.5 0.3 ¥2.0 

Emission Adjustment to RVP Change Estimate (25% increase) ..... 30 0.21 11 0.08 ¥2.0 

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 Emissions Requiring Offset—Total Available Offsets) ........................................................ 1,029 2.19 570.5 1.0 28.5 

2023: 

Change in Emissions from RVP Rule Repeal 7 ............................... 116 0.79 13.1 0.09 ¥2.0 

Emission Adjustment to RVP Change Estimate (25% increase) ..... 29 0.20 3.3 0.02 ....................

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 


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6This 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. 

7This 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. 

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—Continued 

[In 2018 and 2023] 

VOC NOX PM2.5

tpy tpd tpy tpd tpy 

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 Emissions Requiring Offset—Total Available Offsets) ........................................................ 1,029 2.24 608.6 1.69 28.5 

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 lowRVP gasoline program will not interfere 

with any NAAQS for the PittsburghBeaver Valley Area. 

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 PittsburghBeaver 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 PittsburghBeaver 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-vaporpressure). 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 


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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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 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 


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