[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2939-2941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1588]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[Region II Docket No.147; NJ24-1-7249a, FRL-5404-8]
Air Quality Designations: Deletion of TSP Designations From New
Jersey, New York, Puerto Rico and Virgin Islands
AGENCY: Environmental Protection Agency (EPA).
[[Page 2940]]
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is removing all total suspended particulate (TSP) area
designations in New Jersey, New York, Puerto Rico and the Virgin
Islands because they are no longer relevant. EPA promulgated revised
prevention of significant deterioration (PSD) increments for
particulate matter so that the PSD increments are now measured in terms
of particulate matter with an aerodynamic diameter less than 10 microns
(PM10) instead of TSP. Section 107(d)(4)(B) of the Clean Air Act
(Act) authorizes EPA to eliminate all area TSP designations once the
PSD increments for PM10 are promulgated.
DATES: This rule is effective on April 1, 1996 unless adverse or
critical comments are received by February 29, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: All comments should be addressed to: William S. Baker,
Chief, Air Programs Branch, Environmental Protection Agency, Region II
Office, 290 Broadway, New York, New York 10007-1866.
Copies of the documents relevant to this action are available for
inspection during normal business hours at the following address:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 20th Floor, New York, New York 10007-1866.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 20th Floor, New York,
New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Background
In 1971, EPA promulgated primary and secondary National Ambient Air
Quality Standards (NAAQS) for particulate matter to be measured as TSP.
Based upon better health effects information, on July 1, 1987 (52 FR
242634), EPA replaced the TSP NAAQS for particulate matter with a
PM10 standard. On the same date, EPA promulgated final regulations
under 40 CFR part 51 for state implementation of the revised NAAQS (52
FR 24672). In the preamble to that action, EPA announced that, because
of the importance of the section 107 area designations to the
applicability of the PSD increments for TSP, it would retain the TSP
designations beyond the date on which EPA approves a state's revised
PM10 State Implementation Plan (SIP). This would protect the
applicability of the PSD increments for TSP until a PSD increment for
PM10 could be established.
The 1990 Amendments to the Act contained several pertinent
provisions relating to or affecting the TSP area designations. Under
section 107(d)(4)(B) of the amended Act, Congress established by
operation of law the first nonattainment area designations for
PM10, and mandated that areas not initially defined as
nonattainment are considered to be unclassifiable.
Moreover, section 107(d)(4)(B) provided that any designation for
particulate matter (measured in terms of TSP) that the Administrator
promulgated prior to the date of enactment of the 1990 Amendments shall
remain in effect for purposes of implementing the maximum allowable
concentrations of particulate matter (measured in terms of TSP) PSD
increments until the Administrator determines that such designation is
no longer necessary for that purpose.
On June 3, 1993 (58 FR 31622), under the authority of section
166(f) of the Act, EPA published the final rulemaking replacing the PSD
increments for TSP with equivalent PSD increments for PM10, which
became effective on June 3, 1994. As announced in the June 3, 1993
Federal Register notice, EPA intends to eliminate the TSP area
designations from states and territories where the Federal PSD program
is in effect. EPA has the legal responsibility for implementing the PSD
program in New Jersey, New York, Puerto Rico, and the Virgin Islands
pursuant to 40 CFR 52.1603, 52.1689, 52.2729, 52.2779, respectively.
However, EPA has delegated the day-to-day PSD program administration to
the states of New Jersey and New York. The delegation agreement
provides for automatic adoption of the PSD increments for PM10
once the increments became effective.
Conclusion
In accordance with the information provided above, the states
affected by today's rule do not have PSD regulations which have been
approved by the EPA under the applicable implementation plan. Instead,
the PSD regulations contained in 40 CFR 52.21 (the Federal PSD program)
govern the review and approval of permits to construct and operate
major stationary sources in these areas. Pursuant to section 166(b) of
the Act, the new PSD increments for PM10 became effective on June
3, 1994--one year after promulgation. Accordingly, EPA is today
deleting from the list of area designations in 40 CFR part 81, all of
the designations for TSP in New Jersey, New York, Puerto Rico, and the
Virgin Islands. Area designations which indicate the attainment status
of each affected area with respect to the PM10 NAAQS already exist
(56 FR 56694, November 1991), and the TSP area designations are no
longer needed.
Nothing in this rule should be construed as permitting or allowing
or establishing a precedent for any future request for revision to any
applicable implementation plan. Each request for revision to any SIP
shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. Thus, this direct final action
will be effective April 1, 1996 unless, by February 29, 1996, adverse
or critical comments are received.
If the EPA receives such comments, this rule will be withdrawn
before the effective date by publishing a subsequent notice 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. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this rule should
do so at this time. If no adverse comments are received, the public is
advised that this rule will be effective April 1, 1996. (See 47 FR
27073 and 59 FR 24059).
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. The deletion of TSP tables in part 81 does not create any new
requirements.
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to state, local, or tribal governments in the
[[Page 2941]]
aggregate; or to the private sector, of $100 million or more. Under
section 205, EPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires EPA to
establish a plan for informing and advising any small governments that
may be significantly or uniquely impacted by the rule.
EPA has determined that the deletion of no longer applicable TSP
tables does not include a Federal mandate that may result in estimated
costs of $100 million or more to either state, local, or tribal
governments in the aggregate, or to the private sector.
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
Under section 307(b)(l) of the Act, petitions for judicial review
of this rule must be filed in the United States Court of Appeals for
the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to
enforce its requirements. (See 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Particulate
matter.
Dated: December 18, 1995.
Jeanne M. Fox,
Regional Administrator.
Part 81, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Sec. 81.331 New Jersey
2. In Sec. 81.331 the table entitled ``New Jersey--TSP'' is
removed.
Sec. 81.333 New York
3. In Sec. 81.333 the table entitled ``New York--TSP'' is removed.
Sec. 81.355 Puerto Rico
4. In Sec. 81.355 the table entitled ``Puerto Rico--TSP'' is
removed.
Sec. 81.356 Virgin Islands
5. In Sec. 81.356 the table entitled ``Virgin Islands--TSP'' is
removed.
[FR Doc. 96-1588 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P
