[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Rules and Regulations]
[Pages 8566-8570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3680]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA37-1-6370a; FRL-5144-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; SO<INF>2: Conewango Township, Warren County 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State implementation plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. This revision provides 
for, and demonstrates, the attainment of the national ambient air 
quality standards (NAAQS) for sulfur oxides in the Conewango Township, 
Warren County nonattainment area. The implementation plan was submitted 
by Pennsylvania to satisfy the requirements of the Clean Air Act (CAA) 
pertaining to nonattainment areas. This action is being taken under 
section 110 of the Clean Air Act.

DATES: This action will become effective April 17, 1995 unless notice 
is received [[Page 8567]] on or before March 17, 1995 that adverse or 
critical comments will be submitted. If the effective date is delayed, 
timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air, Radiation, 
and Toxics Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460; and, Pennsylvania 
Department of Environmental Resources Bureau of Air Quality Control, 
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: David J. Campbell, Air & Radiation 
Programs Branch (3AT11), U.S. Environmental Protection Agency, Region 
III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107, phone: 
215 597-9781.

SUPPLEMENTARY INFORMATION: On December 9, 1993, the Commonwealth of 
Pennsylvania submitted a revision to its State implementation plan 
(SIP) for sulfur oxides, measured as sulfur dioxide (SO<INF>2). The 
revision pertains to the SO<INF>2 nonattainment area in Conewango 
Township, Warren County, Pennsylvania.

Background

    The Clean Air Act, as amended in 1977, required EPA to establish 
the attainment status of areas with respect to the national ambient air 
quality standards (NAAQS). On March 3, 1978 (43 FR 8962), as amended on 
September 12, 1978 (43 FR 40502), EPA published the initial 
designations for each State in Region III.
    As part of EPA Region III's initial designations, Conewango 
Township, Warren County, Pennsylvania was designated as nonattainment 
for the primary NAAQS for sulfur oxides, measured as sulfur dioxide 
(SO<INF>2). EPA acted on the recommendation of the Commonwealth of 
Pennsylvania to designate this area as nonattainment for SO<INF>2. The 
basis of the recommendation was air quality dispersion modeling that 
predicted violations of the primary NAAQS for SO<INF>2 in Conewango 
Township.
    The Clean Air Act, as amended in 1990, provided that any area 
designated with respect to the NAAQS, as in effect immediately before 
November 15, 1990, shall retain that designation ``by operation of 
law'' (section 107(d)(1)(C)). Furthermore, States with existing 
nonattainment areas for the primary NAAQS for SO<INF>2 that lack fully 
approved SIP's, including part D nonattainment area plans, must submit 
implementation plans for those areas (section 191(b)). These plans must 
meet the requirements of subpart 1 of part D and must be submitted to 
EPA within 18 months of enactment of the 1990 amendments (i.e., by May 
15, 1992.) Thus, a SIP and part D plan were due for the Conewango 
Township, Warren County, Pennsylvania by May 15, 1992.
    On June 15, 1992, Mr. Stanley L. Laskowski, Acting Regional 
Administrator, EPA Region III notified Mr. Robert P. Casey, Governor, 
Commonwealth of Pennsylvania that Pennsylvania had failed to submit the 
required SIP revision for Conewango Township, Warren County. The letter 
constituted an official finding of failure to submit pursuant to 
section 179(a)(1) of the 1990 Amendments. According to section 179, 
Pennsylvania had 18 months in which to correct the identified 
deficiency or face one of the sanctions detailed under section 179(b). 
Therefore, the Commonwealth had until December 15, 1993 to submit a SIP 
revision or face the imposition of sanctions.
    On December 9, 1993, the Commonwealth of Pennsylvania submitted a 
revision to its SIP for the Conewango Township SO<INF>2 nonattainment 
area. The revision provides for the attainment of the NAAQS for 
SO<INF>2 by November 15, 1995, as required by section 192(a). This 
submittal was determined to be a ``complete'' submittal as discussed 
below. The submittal of a complete SIP revision satisfied the 
deficiency identified under section 179(a)(1), thus halting the 
sanctions process.

Summary of SIP Revision

    On December 9, 1993, Mr. Arthur A. Davis, Secretary, Pennsylvania 
Department of Environmental Resources submitted to Mr. Stanley L. 
Laskowski, Acting Regional Administrator, EPA Region III a SIP revision 
for the Conewango Township nonattainment area. The SIP revision 
consists primarily of a Consent Order and Agreement (hereinafter, the 
Agreement) entered into by and between the Commonwealth of 
Pennsylvania, Department of Environmental Resources and Pennsylvania 
Electric Company (hereinafter, Penelec) on April 1, 1993. The Agreement 
affects Penelec's Warren Generating Station, the principle source of 
SO<INF>2 emissions in the nonattainment area. The Agreement establishes 
interim and final emission limits for the Warren Generating Station. 
The final allowable emission limit will protect the NAAQS for SO<INF>2 
in Conewango Township. The emission limit is supported by a modeling 
analyses and attainment demonstration, the contents of which are 
evaluated below.

Evaluation of State Submittal

    The Clean Air Act requires States to submit implementation plans 
that indicate how each State intends to attain and maintain the NAAQS. 
The 1977 Amendments established specific requirements for 
implementation plans in nonattainment areas in part D, sections 171-
178. With respect to SO<INF>2, the 1990 Amendments did not change these 
requirements in any significant way and guidance in existence prior to 
their enactment generally remains valid. On April 16, 1992 (57 FR 
13498), EPA issued ``General Preamble for the Implementation of Title I 
of the Clean Air Act Amendments of 1990'' describing EPA's preliminary 
views on how it intends to interpret various provisions of title I, 
primarily those concerning revisions required for nonattainment areas.
    In order to approve the SIP revision, all of the part D 
requirements must be evaluated and they must ensure that: (1) The 
revised allowable emission limitation demonstrates attainment and 
maintenance of the NAAQS for SO<INF>2 in the nonattainment area; (2) 
the emission limitation is clearly enforceable; and (3) that all 
applicable procedural and substantive requirements of 40 CFR part 51 
are met. The following is an evaluation of the part D requirements as 
described in the ``General Preamble''; a more detailed evaluation is 
provided in a Technical Support Document available upon request from 
the Regional EPA office listed in the ADDRESSES section of this 
document:

1. Reasonably Available Control Technology (RACT)

    Pennsylvania's SIP revision provides for reasonably available 
control technology (RACT). The SIP revision indicates that SO<INF>2 
emissions are controlled at the Warren Generating Station through fuel 
specification. The final allowable SO<INF>2 emission limitation for the 
Warren Generating Station as established in the Agreement is 1.0 pounds 
SO<INF>2 per million Btu (1.0 lb/mmBtu) heat input or a total hourly 
emission of 1280 pounds of SO<INF>2, [[Page 8568]] whichever is less. 
This limit is to be met beginning November 15, 1995. The SIP limit is 
to be met beginning November 15, 1995. The SIP revision provides a 
demonstration that this limit will attain the NAAQS in the 
nonattainment area. Therefore, Pennsylvania has ensured that reasonably 
available control technology, fuel specification, is required and that 
the control technology provides for achievement of the NAAQS by the 
statutory attainment date, which is November 15, 1995.

2. Reasonable Further Progress (RFP)

    Pennsylvania's SIP revision provides for reasonable further 
progress (RFP). The SIP revision provides for RFP through interim 
emission limitations established in the Agreement. The Agreement 
specifies that the Warren Generating Station shall achieve a daily 
average emission rate not to exceed 3.0 pounds of SO<INF>2 per million 
Btu (3.0 lb/mmBtu) heat input beginning January 1, 1993. An allowable 
emission rate of 2.5 lb/mmBtu is imposed on the Station beginning 
November 15, 1994. These emission limits clearly adhere to an ambitious 
compliance plan which will provide for attainment by the applicable 
date.

3. Contingency Measures

    Pennsylvania's SIP revision provides for adequate contingency 
measures. The SIP revision requires the collection of continuous 
emission monitoring (CEM) data at the Warren Generating Station in 
accordance with the previously federally-approved procedures 
established in 25 Pa. Code Sec. 123.25 ``Monitoring Requirements for 
Sulfur Compound Emissions from Combustion Units'' and subchapter C 
``Requirements for Continuous In-Stack Monitoring for Stationary 
Sources'' (48 FR 2320). The collection of CEM data and the ambient air 
quality monitoring network currently operating in and around the 
nonattainment area provides a comprehensive program to identify 
violations of the NAAQS. The existing Agreement may be modified, as 
agreed to by both parties, to require further reductions as deemed 
necessary to achieve attainment of the NAAQS.

4. Stack Height Issues and Remand

    Pennsylvania has chose to address stack height issues upon the 
resolution of the remand. The Warren Generating Station merges the 
exhaust from its four (4) boilers into one stack as part of its 
original design and operation in 1948. This constitutes dispersion 
credit for sources originally designed and constructed with merged or 
multiflue stacks (40 CFR 51.100(hh)(2)(ii)(A)). These sources had 
originally been exempted under the stack height rules but that 
provision was remanded to EPA for reconsideration. Pennsylvania does 
not address this issue in the SIP revision. Therefore, it will have to 
revise its rules, including any affected emission limitations, to 
conform with resolution of the remand.

5. Existing Modeling Protocols

    Pennsylvania's SIP revision is supported by a modeling 
demonstration using regulatory air dispersion models as defined by 
EPA's ``Guideline on Air Quality Models (Revised),'' July 1986. 
However, the Agreement allows for the completion of a model evaluation 
and equivalency study by Penelec. Penelec will perform a study 
comparing and evaluating the predictive results of the MPTER/RTDM 
(Multiple Point Gaussian Dispersion Algorithm with Terrain Adjustment 
(MPTER) and Rough Terrain Diffusion Model (RTDM), respectively) and 
LAPPES (Large Area Power Plant Effluent Study) models. The protocol for 
this study has been approved by Pennsylvania and EPA. The study is 
currently underway. Upon satisfactory completion of the study, 
Pennsylvania has indicated that it will revise its SIP, as appropriate, 
in accordance with the results of the study. Until such time as any 
future revised SIP is approved by EPA, the limits established by the 
Agreement and this SIP revision will remain in effect.

6. Test Methods and Averaging Times

    Pennsylvania's SIP provides for the use of continuous emissions 
monitoring (CEM) as the means of compliance. The revision stipulates an 
hourly emission limit and requires the use of a Pennsylvania-approved 
method for calculating hourly emissions. Pennsylvania's federally 
approved CEM regulations (25 Pa. Code Sec. 123.25 and subchapter C) 
define the general requirements for CEM operation and references the 
CEM guidelines in ``Standards of Performance for New Stationary 
Sources,'' 40 CFR part 60 and ``Minimum Source Monitoring 
Requirements,'' 40 CFR part 51 appendix P. An hourly emission limit for 
the source is shorter than the time period for the NAAQS for which the 
area is nonattainment (i.e., the 24-hour primary standard). The 
required limit is also adequate to determine compliance with the 3-hour 
secondary standard.

7. Emission Inventory

    Pennsylvania's SIP revision provides an adequate actual emissions 
inventory from all relevant sources of SO<INF>2 in the nonattainment 
area. Pennsylvania has provided a current, actual emissions data and 
stack parameter information for the Warren Generating Station and 
various emission sources at the nearby United Refining facility.

8. Attainment Demonstration

    Pennsylvania's SIP revision provides an adequate attainment 
demonstration, including appropriate air quality dispersion modeling. 
40 CFR 51.112 requires nonattainment plans to include a demonstration 
of the adequacy of the plan's control strategy. The Commonwealth's 
demonstration employs the applicable air quality models, data bases, 
and other requirements specified in appendix W of 40 CFR part 51 
(``Guideline on Air Quality Models (Revised)'' (1986), supplement A 
(1987), and supplement B (1993) (hereinafter, the Guideline)). This 
demonstration includes the following information: model selection and 
descriptions; model application and assumptions made during application 
of selected models; receptor grids; meteorological data; ambient air 
monitoring data and background concentration; model source input; and 
modeling results.
    Model Descriptions--The air quality dispersion modeling analysis 
performed for this demonstration employed the MPTER and RTDM Guideline 
models. The Guideline provides a description of the models along with 
guidance on their application. MPTER is limited to predicting 
concentrations at elevations below stack height. In this analysis, the 
MPTER code was altered to accommodate the algorithm used in Industrial 
Source Complex Model (ISC2). The ISC2 algorithm was added to address 
the requirements of the interim terrain concept; the assessment of 
receptors between stack height and plume height. RTDM is employed to 
calculate concentrations at receptors whose elevations are greater than 
or equal to plume height.
    Model Application--MPTER and RTDM were both applied to the modeling 
domain in accordance with the recommendations of the Guideline. The 
default mode of RTDM was employed. Likewise, the regulatory mode of 
MPTER was used with the applicable restrictions for complex terrain.
    Receptor Grids--Three sets of receptor grids, with a total of 725 
receptors were used for this demonstration. One grid was located in 
Conewango Township, the nonattainment area. The other two grids were 
located to the south and east of the Township. These grids were 
developed to adequately assess the impacts of the [[Page 8569]] Warren 
Generating Station as well as the nearby United Refinery facility, the 
other major source of SO<INF>2 in the region.
    Meteorological Data--The modeling analysis used one year of on-site 
and local meteorological data. Two towers, an 150-meter tower and a 10-
meter tower, collected wind directions and wind speeds, stability 
information, and temperature. The 150-meter tower is located on-site at 
the Penelec facility. The 10-meter tower is located in nearby, elevated 
terrain and was used primarily for determination of the stability class 
and as a substitute data site. Data was recovered at a greater than 90 
percent rate and appropriate data substitution procedures were 
employed.
    Background Concentration--The study uses monitored air quality data 
for determining that portion of the background concentrations 
attributable to sources other than those nearby that are to be 
explicitly modeled. Seven SO<INF>2 monitoring sites in and around the 
nonattainment area were available for evaluation. The Guideline 
procedures for determining background concentrations for multiple-
source areas were used to select the most representative monitor.
    Source Inputs--The Warren Generating Station was modeled using an 
emission rate of 1.0 pounds per million BTU, the revised allowable 
limit established in the Consent Order and Agreement. Each of the other 
input parameters such as stack height, stack temperature, etc. were 
included in the demonstration. United Refining Company's facility was 
modeled using its current allowable operating conditions. Similar input 
parameters were provided for the United Refining facility.
    Modeling Results--The results of the modeling analysis indicate 
that no exceedances of the NAAQS for SO<INF>2 are expected in the 
Conewango Township nonattainment area when the Warren Generating 
Station is operating at an emission rate of 1.0 lb/mmBTU. The predicted 
high-second-high concentrations for the 3-hour (1,300 <greek-m>g/
m<SUP>3), 24-hour [365 <greek-m>g/m<SUP>3), and annual arithmetic mean 
(80 <greek-m>g/m<SUP>3) ambient air quality standards are 1,038 
<greek-m>g/m<SUP>3, 184 <greek-m>g/m<SUP>3, and 23.2 <greek-m>g/m<SUP>3 
respectively. This demonstrates that the proposed SIP revision will be 
protective of the NAAQS in the Conewango Township nonattainment area 
for SO<INF>2 for each NAAQS averaging period.
    EPA's review of this material indicates that Pennsylvania's SIP 
revision provides for the attainment of the NAAQS for SO<INF>2 in 
Conewango Township, Warren County and satisfies the requirements of 
part D of the Clean Air Act. The revision is supported by a modeling 
analysis which clearly demonstrates the adequacy of emission limits in 
providing for the attainment and maintenance of NAAQS for SO<INF>2 in 
and around the nonattainment area. The Consent Order and Agreement 
between Penelec and Pennsylvania at the center of the SIP revision 
establishes enforceable SO<INF>2 emission limits on the Warren 
Generating Station. The submittal clearly fulfills the procedural and 
substantive requirements of 40 CFR part 51. Therefore, EPA is approving 
the Pennsylvania SIP revision for the Conewango Township, Warren County 
SO<INF>2 nonattainment area, which was submitted on December 9, 1993.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective April 17, 1995 unless, by March 17, 1995, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on April 17, 1995.

Final Action

    EPA is approving the Pennsylvania SIP revision for the Conewango 
Township, Warren County SO<INF>2 nonattainment area.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIP's on such grounds. Union Electric Co. v. 
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    This action has been classified as a Table 2 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 17, 1995. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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. This action to approve a revision to Pennsylvania's SIP 
for SO<INF>2 in Conewango Township, Warren County 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, Incorporation by 
reference, Reporting and recordkeeping requirements, Sulfur Oxides.

    Dated: November 18, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows: [[Page 8570]] 

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraphs (c)(93) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (93) Revisions to the Pennsylvania implementation plan for sulfur 
dioxide (SO<INF>2) in Conewango Township, Warren County submitted on 
December 9, 1993 by Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of December 9, 1993 from Mr. Arthur A. Davis, Secretary, 
Pennsylvania Department of Environmental Resources transmitting a SIP 
revision for the Conewango Township, Warren County SO<INF>2 
nonattainment area.
    (B) A Consent Order and Agreement entered into by and between the 
Commonwealth of Pennsylvania, Department of Environmental Resources and 
Pennsylvania Electric Company on April 1, 1993 and an attainment 
demonstration. The Agreement was effective on April 1, 1993.
    (ii) Additional material.
    (A) Remainder of Pennsylvania's December 9, 1993 submittal.

[FR Doc. 95-3680 Filed 2-14-95; 8:45 am]
BILLING CODE 6560-50-P