PROPOSED RULEMAKING
[25 PA. CODE CHS. 121, 126 AND 139]
Gasoline Volatility
[27 Pa.B. 2130] The Environmental Quality Board (Board) proposes to amend Chapters 121, 126 and 139 (relating to general provisions; standards for motor fuels; and sampling and testing) to read as set forth in Annex A. The proposed amendments will limit the volatility of gasoline sold in the Pittsburgh-Beaver Valley Area during the ozone season.
If adopted, these amendments will be submitted to the Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP).
The Board approved the proposed amendments at its March 18, 1997, meeting.
A. Effective Date
These amendments will be effective upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Compliance and Enforcement, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468 (717) 787-1663; or M. Dukes Pepper, Jr., Assistant Director, Bureau of Regulatory Counsel, Office of Chief Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). These proposed amendments are available electronically through the Department of Environmental Protection's (Department's) Web site (http://www/dep.state.pa.us).
C. Statutory Authority
This action is being taken under the authority of section 5 of the Air Pollution Control Act (35 P. S. § 4005) which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.
D. Background of the Amendment
These proposed amendments establish controls on the volatility of gasoline in the Pittsburgh-Beaver Valley Area as part of the Commonwealth's demonstration of attainment of the health-based ozone standard. Based on 1991 through 1994 monitoring data, the EPA on July 19, 1995, determined that measured air quality in the area met the ozone National Ambient Air Quality Standard (NAAQS) and that the statutory requirement for an attainment demonstration (and other related requirements) was no longer applicable. However, there were a number of ozone exceedances in 1995 that resulted in a violation of the ozone NAAQS. In response to this violation, the Governor formed the Southwestern Pennsylvania Ozone Stakeholder Working Group (Stakeholders) to review the ozone problem and recommend additional emission control programs.
In response to the 1995 ozone NAAQS violation, the EPA, on June 4, 1996, published a finding in the Federal Register (61 FR 28061 et seq.) that the area was no longer attaining the ozone standard and reinstated the applicability of the attainment demonstration and related requirements. These requirements are those established by Part D of Title I of the Clean Air Act, sections 182(b) and 172(c)(9) (42 U.S.C.A. §§ 7511a(b) and 7502(c)(9)). The EPA recognized the work of the Stakeholders when it published the schedule for completion of the attainment demonstration for the Pittsburgh-Beaver Valley Ozone Nonattainment Area. The schedule was a result of a letter submitted by the Commonwealth. Under the schedule, by December 31, 1997, the Commonwealth must submit to the EPA, as a SIP revision, final regulations establishing the emission controls contained in Annex A. In the event the Commonwealth fails to meet this schedule, the sanctions established by the Clean Air Act will go into effect early in January 1998. These sanctions include 2 to 1 emission offsets and (after 6 months) the loss of Federal highway funds in the Pittsburgh-Beaver Valley Ozone Nonattainment Area.
This proposal is one of four core emission reduction strategies necessary for the demonstration of attainment of the ozone standard. The four strategies are:
1. Minor changes to the proposed low-enhanced (de-centralized) motor vehicle emission inspection and maintenance program.
2. The second phase (55% reduction) of the Ozone Transport Commission Nox Memorandum of Understanding.
3. Clean gasoline proposal.
4. Stage II vapor control requirements.
These four core strategies were recognized by the Stakeholders as necessary to achieve the ozone standard in the Pittsburgh-Beaver Valley Area and this proposal was recommended by the Stakeholders. In addition, the Department discussed these proposed amendments with the Air and Water Quality Technical Advisory Committee (AWQTAC). At its January 10, 1997, meeting, the Air Subcommittee of the AWQTAC, acting on behalf of AWQTAC, recommended adoption of the proposed amendments.
E. Summary of the Regulatory Revisions
The Department is proposing to add definitions for the terms ''compliant fuel,'' ''RFG--Federal reformulated gasoline,'' ''importer,'' ''low RVP gasoline,'' ''Pittsburgh-Beaver Valley Area'' and ''RVP--Reid vapor pressure.'' In addition, the Department proposes to modify the definition of ''distributor.''
This proposal adds a new Subchapter C (relating to gasoline volatility requirements) to Chapter 126. Section 126.3 (relating to scope), provides that this new subchapter applies to the sale of gasoline in the Pittsburgh-Beaver Valley area between May 1 and September 30 of each calendar year.
Section 126.301 (relating to compliant fuel requirement) imposes a Reid vapor pressure (RVP) limit on all gasoline marketed in Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland Counties. The proposed amendments also provide for Federal reformulated gasoline (RFG) as an alternate compliant fuel. The proposed restrictions on fuel would be effective between May 1 and September 30 of each year beginning in calendar year 1998. Finally, if the RFG is required by Federal law to be sold in the Pittsburgh-Beaver Valley Area, the requirements of these amendments are terminated.
Section 126.302 (relating to labeling) establishes labeling requirements for gasoline dispensed at any retail outlet in the Pittsburgh-Beaver Valley area. It requires a label providing that ''from May 1 through September 30, the gasoline dispensed from this pump is a cleaner burning blend, designed to reduce ground level ozone, or smog, in the Pittsburgh area. For more information about air quality and clean fuels, contact the Pennsylvania Department of Environmental Protection at (717) 787-9702.''
Section 126.303 (relating to recordkeeping and reporting) requires each entity in the gasoline dispensing network, beginning with the terminal owner, to maintain records of the date, name and address of transferor or transferee, the location and volume of gasoline being sold or transferred, and a statement certifying that the gasoline meets the RVP or RFG requirements. These records must be retained for at least 2 years from the date of sale or transfer of the compliant fuel.
Section 126.304 (relating to compliance and test methods) and the proposed amendments to Chapter 139 establish the compliance test methods for evaluating fuel volatility and RVP. These test methods are consistent with the requirements established by the EPA.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.
Benefits
The approximately 2.8 to 3 million people in the seven counties affected by these proposed amendments will benefit from the sale of cleaner burning fuel. Both low RVP gasoline and RFG have been proven to reduce emissions of volatile organic compounds (VOC), compounds that are instrumental in the formation of ground level ozone. In addition, RFG lowers emissions of air toxics, nitrogen oxides, carbon monoxide and benezene.
Compliance Costs
There will be an increased cost to the regulated community to produce compliant fuel. Both low RVP and RFG cost more to make than conventional gasoline. It is anticipated that the increased cost of production the refiners experience will be passed onto the consumer and, consequently, the regulated community will not bear the increased cost. Estimates regarding the price per gallon increases vary depending on a number of factors, but generally the increase has been documented to be 1¢ to 2¢ per gallon for low RVP and 3¢ to 5¢ per gallon for RFG. This cost, based on an estimate of the number of gallons sold in a 5-month period in the seven-county area, could range from $4 million to $20 million each ozone season.
Compliance Assistance Plan
The Department plans to educate and assist the public and regulated community with understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing regional compliance assistance program.
Paperwork Requirements
There will be additional recordkeeping and reporting costs for any entity that sells or transfers gasoline intended for use in the seven-county Pittsburgh-Beaver Valley Area during the ozone season. Each transferor or transferee will be required to alter its current recordkeeping documents to include the information required by these proposed amendments.
G. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 21, 1997, the Department submitted a copy of the proposed rulemaking on April 21, 1997, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the regulations.
I. Public Comment and Board Public Hearing
Public Hearing
The Board will hold one public hearing for the purpose of accepting comments on the proposed amendments. The hearing will be held on June 3, 1997, at 10 a.m., Department of Environmental Protection, Southwest Regional Office, 500 Waterfront Drive, Pittsburgh, PA.
Persons wishing to present testimony at the hearing must contact Nancy Roush at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to 10 minutes for each witness and three written copies of the oral testimony must be submitted at the hearing. Each organization is requested to designate one witness to present testimony on its behalf.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodations in order to participate, should contact Nancy Roush at (717) 787-4526 or through the Pennsylvania AT&T relay service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
Written Comments
In lieu of or in addition to presenting oral testimony at the hearing, interested persons may submit written comments, suggestions or objections regarding the proposed amendments to the Board, 15th Floor, Rachel Carson State Office Building, P. O. Box 8477, Harrisburg, PA 17105-8477. Comments received by facsimile will not be accepted. Comments must be received by July 3, 1997. In addition to the written comments, interested persons may also submit a summary of their comments to the Board. This summary may not exceed 1 page in length and must be received by July 3, 1997.
The summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered.
The Department is specifically requesting comments on the May 1 through September 30 compliance period. While this is the time frame established as the ozone season by the Department, other states and the EPA, the EPA has recognized the nature of the gasoline production and transmission process in establishing the implementation period for its Federal RVP Program. This Federal program allows a ramp-up period beginning May 1 with a requirement for compliant fuel beginning June 15. In addition, a ramp-down period begins September 1 and ends on September 30. The Federal RFG Program is a year-round program. The Department requests comments on whether to include a ramp-up and ramp-down period for terminal operators, retail outlets and others in the distribution system to implement the compliant fuel requirements during the ozone season.
The Department is also requesting comments on the possibility of generating emission reduction credits when the RFG is sold rather than 7.8 RVP gasoline. Specifically, the Department requests comments on the amount of credit, the mechanism for generating, banking and using the mechanism and quantifying the credits along with the procedure for ensuring that the reductions are permanent.
Finally, the Department requests comments on the sampling and testing protocol to determine whether gasoline dispensing facilities selling mixtures of 7.8 RVP gasoline and the RFG comply with the regulations.
Electronic Comments
Comments may be submitted electronically to the Board at RegComments@al.dep.state.pa.us. A subject heading identifying the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by July 3, 1997.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-319. (1) Clean Air Fund; (2) Implementing Year 1996-97 is $0; (3) 1st Succeeding Year 1997-98 is $79,000; 2nd Succeeding Year 1998-99 is $51,000; 3rd Succeeding Year 1999-00 is $51,000; 4th Succeeding Year 2000-01 is $51,000; 5th Succeeding Year 2001-02 is $51,000; (4) Fiscal Year 1995-96 $25,770,000; Fiscal Year 1994-95 $19,045,000; Fiscal Year 1993-94 $18,483,000; (8) recommends adoption.
These regulations may also result in increased costs to Commonwealth agencies to purchase gasoline for Commonwealth vehicles. The total increased costs will depend on the type and amount of fuel purchased, and market conditions. The total increased costs cannot be estimated at this time, but is not expected to be significant.
(Editor's Note: Proposals to amend § 121.1, proposed to be amended in this document, remain outstanding at 27 Pa.B. 1822 (April 12, 1997) and 27 Pa.B. 1829 (April 12, 1997).)
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Compliant fuel--Low RVP gasoline or RFG.
* * * * * Distributor--[For purposes of the oxygenated fuels program, a] A person who transports, stores or causes the transportation or storage of gasoline at any point between a refinery, an oxygenated blending facility or terminal and a retail outlet or wholesale purchaser-consumer's facility. The term distributor includes a refinery, an oxygenated blending facility or a terminal.
* * * * * Importer--A person who imports gasoline or gasoline blending stocks or components from a foreign country into the United States.
* * * * * Low RVP gasoline--Gasoline that has an RVP of 7.8 pounds per square inch or less as determined in accordance with the appropriate sampling and testing methodologies in 40 CFR Part 80, Appendix E (relating to test for determining Reid Vapor Pressure (RVP) of gasoline and gasoline--oxygenate blends).
* * * * * Pittsburgh-Beaver Valley area--The seven county- area comprised of the following Pennsylvania Counties: Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland.
* * * * * RFG--Federal reformulated gasoline--Gasoline that meets the requirements for RFG as specified in 40 CFR Part 80 Subpart D (relating to reformulated gasoline).
RVP--Reid vapor pressure--The measure of pressure exerted on the interior of a special container as determined by the appropriate methodologies in 40 CFR Part 80 Appendix E.
* * * * *
CHAPTER 126. STANDARDS FOR MOTOR FUELS (Editor's Note: Sections 126.301--126.305 are new and are printed in regular type to enhance readability.)
Subchapter C. GASOLINE VOLATILITY REQUIREMENTS Sec.
126.301. Compliant fuel requirement. 126.302. Labeling requirements. 126.303. Recordkeeping and reporting. 126.304. Compliance and test methods. § 126.301. Compliant fuel requirement.
(a) This subchapter applies to gasoline which is sold or transferred into or within the Pittsburgh-Beaver Valley area during the period May 1 through September 30, 1998, and continuing every year thereafter.
(b) No refiner, importer, distributor, reseller, carrier, wholesale purchaser-consumer or retailer may:
(1) Sell, exchange or supply gasoline that is not a compliant fuel during the period described in subsection (a).
(2) Blend, mix, store or transport or allow blending, mixing, storing or transporting of compliant fuel with noncompliant fuel during the period described in subsection (a).
(c) If RFG is required by operation of Federal law to be sold in the Pittsburgh-Beaver Valley, this subchapter no longer applies after the date that RFG is required to be sold.
§ 126.302. Labeling requirements.
(a) Retailers are responsible for compliance with the labeling requirements of this section.
(b) During the time period described in § 126.301(a) (relating to compliant fuel requirements), each gasoline dispenser from which a compliant fuel is dispensed at a retail outlet in the Pittsburgh-Beaver Valley area shall have affixed a legible and conspicuous label which contains the following statement: ''From May 1 through September 30, the gasoline dispensed from this pump is a cleaner-burning blend, designed to reduce ground-level ozone, or smog, in the Pittsburgh area. For more information about air quality and clean fuels, contact the Pennsylvania Department of Environmental Protection at (717) 787-9702.''
(c) The statement described in subsection (b) shall be in block letters of at least 20-point (3/16") bold type and in a color that contrasts with the background.
(d) The label shall be placed on the upper 2/3 of the vertical surface on each side of the dispenser with gallonage and price meters.
§ 126.303. Recordkeeping and reporting.
(a) Beginning with the terminal owner or operator who sells or transfers gasoline intended for use in the Pittsburgh-Beaver Valley area during the period described in § 126.301(a) (relating to compliant fuel requirements), each time the physical custody of or title to a shipment of gasoline changes hands other than when gasoline is sold or transferred for use in motor vehicles at a retail outlet or wholesale purchaser-consumer's facility, the transferor shall provide to the transferee a copy of the record described in this subsection. This record shall legibly and conspicuously contain, at a minimum, the following information:
(1) The date of the sale or transfer.
(2) The name and address of the transferor.
(3) The name and address of the transferee.
(4) The location of the gasoline at the time of transfer.
(5) The volume of gasoline which is being sold or transferred.
(6) A statement certifying that the gasoline has an RVP of 7.8 pounds per square inch or less per gallon or is certified as RFG. If the gasoline is certified as RFG, each invoice, loading ticket, bill of lading, delivery ticket and other document that accompanies a shipment of RFG shall contain a statement from the refiner that certifies this fact.
(b) A person who transports, stores or sells compliant fuel that is intended for use in the Pittsburgh-Beaver Valley area during the period described in § 126.301(a), shall segregate the compliant fuel from noncompliant fuel and shall accompany the compliant fuel by the documentation described in subsection (a), at all times.
(c) Each person in the gasoline distribution network shall maintain records containing the compliance information listed in subsection (a). These records shall be retained for at least 2 years from the date of the sale or transfer of compliant fuel.
§ 126.304. Compliance and test methods.
(a) Compliance with the 7.8 pounds per square inch RVP standard shall be determined by use of the sampling and testing methods specified in this section. Any sampling or testing of gasoline required by this chapter shall be accomplished as follows:
(1) Sampling of gasoline for the purpose of determining compliance with this subchapter shall be conducted in accordance with 40 CFR Part 80, Appendix D (relating to sampling procedures for fuel volatility).
(2) Testing of gasoline for purposes of determining compliance with this rule shall be conducted in accordance with 40 CFR Part 80, Appendix E (relating to test for determining Reid Vapor Pressure (RVP) of gasoline and gasoline--oxygenate blend).
(b) RFG shall be certified and tested in accordance with the requirements listed in 40 CFR Part 80 Subpart D (relating to reformulated gasoline).
CHAPTER 139. SAMPLING AND TESTING
Subchapter A. SAMPLING AND TESTING METHODS AND PROCEDURES
GENERAL § 139.4. References.
The references referred to in this subchapter are as follows:
* * * * * (18) ''Sampling Procedures for Fuel Volatility,'' 40 CFR Part 80, Appendix D (relating to reformated gasoline).
(19) ''Tests for Determining Reid Vapor Pressure (RVP) of Gasoline and Gasoline-Oxygenate Blends,'' 40 CFR Part 80, Appendix E (relating to test for determining Reid Vapor Pressure (RVP) of gasoline and gasoline--oxygenate blends).
STATIONARY SOURCES § 139.14. Emissions of VOCs.
* * * * * (b) The following are applicable to tests for determining the emissions of VOCs:
* * * * * (8) Test methods for the determination of RVP in gasoline shall be in accordance with the procedures in 40 CFR Part 80, Appendix E (relating to test for determining Reid Vapor Pressure (RVP) of gasoline and gasoline--oxygenate blends).
[Pa.B. Doc. No. 97-679. Filed for public inspection May 2, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
