[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8389-8391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4119]
[[Page 8389]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[PA034-4054a; FRL-5688-7]
Pennsylvania Attainment Date Extension for the Pittsburgh-Beaver
Valley Ozone Nonattainment Area; PA and VA Determination of Valid Air
Quality Data
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is extending the attainment date for the Pittsburgh-Beaver
Valley moderate ozone nonattainment area in Pennsylvania from November
15, 1996 to November 15, 1997. This extension is based in part on
monitored air quality readings for the national ambient air quality
standard (NAAQS) for ozone during 1996. Accordingly, EPA is updating
the table in 40 CFR part 81 concerning attainment dates in the
Commonwealth of Pennsylvania. EPA is also announcing its determination
that air quality data collected during 1996 indicates attainment of the
ozone NAAQS in the Reading, Pennsylvania and the Richmond, Virginia
moderate ozone nonattainment areas by the November 15, 1996 deadline
for moderate areas.
DATES: This extension becomes effective April 11, 1997 unless within
March 27, 1997 adverse or critical comments are received. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, 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;
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105; and the Virginia Department of Environmental Quality, 629 East
Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Marcia L. Spink at (215) 566-2104, or
by e-mail at spink.marcia@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Request for Attainment Date Extension for the Pittsburgh-Beaver
Valley Area
On November 25, 1996, the Commonwealth of Pennsylvania requested a
one-year attainment date extension for the Pittsburgh-Beaver Valley
moderate ozone nonattainment area. This area, which consists of
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and
Westmoreland Counties, is currently designated a moderate ozone
nonattainment area. The statutory ozone attainment date, as prescribed
by section 181(a) of the Clean Air Act as amended in 1990 (``the
Act''), was November 15, 1996.
CAA Requirements and EPA Actions Concerning Designation and
Classification
Section 107(d)(4) of the Act required the States and EPA to
designate areas as attainment, nonattainment, or unclassifiable for
ozone as well as other pollutants for which national ambient air
quality standards (NAAQS) have been set. Section 181(a)(1) required
that ozone nonattainment areas be classified as marginal, moderate,
serious, severe, or extreme, depending on their air quality.
In a series of Federal Register documents, EPA completed this
process by designating and classifying all areas of the country for
ozone. See, e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30,
1992); 59 FR 18967 (April 21, 1994).
Areas designated nonattainment for ozone are required to meet
attainment dates specified under the Act. The Pittsburgh-Beaver Valley,
Pennsylvania ozone nonattainment area was designated nonattainment and
classified moderate for ozone pursuant to 56 FR 58694 (Nov. 6, 1991).
By this classification, its attainment date became November 15, 1996. A
discussion of the attainment dates is found in 57 FR 13498 (April 16,
1992) (the General Preamble).
CAA Requirements and EPA Actions Concerning Meeting the Attainment Date
Section 181(b)(2)(A) requires the Administrator, within six months
of the attainment date, to determine whether ozone nonattainment areas
attained the NAAQS. For ozone, EPA determines attainment status on the
basis of the expected number of exceedances of the NAAQS over the
three-year period up to, and including, the attainment date. See
General Preamble, 57 FR 13506. In the case of ozone moderate
nonattainment areas, the three-year period is 1994-1996. CAA section
181(b)(2)(A) further states that, for areas classified as marginal,
moderate, or serious, if the Administrator determines that the area did
not attain the standard by its attainment date, the area must be
reclassified upwards.
However, CAA section 181(a)(5) provides an exemption from these
bump up requirements. Under this exemption, EPA may grant up to two
one-year extensions of the attainment date under specified conditions:
Upon application by any State, the Administrator may extend for
1 additional year (hereinafter referred to as the ``Extension
Year'') the date specified in table 1 of paragraph (1) of this
subsection if--
(A) the State has complied with all requirements and commitments
pertaining to the area in the applicable implementation plan, and
(B) no more than 1 exceedance of the national ambient air
quality standard level for ozone has occurred in the area in the
year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
EPA interprets this provision to authorize the granting of a one-
year extension under the following minimum conditions: (1) The State
requests a one-year extension, (2) all requirements and commitments in
the EPA-approved SIP for the area have been complied with, and (3) the
area has no more than one measured exceedance of the NAAQS during the
year that includes the attainment date (or the subsequent year, if a
second one-year extension is requested).
A review of the actual ambient air quality ozone data from the EPA
Aerometric Information Retrieval System (AIRS), shows that six air
quality monitors located in the Pittsburgh-Beaver Valley ozone
nonattainment area recorded exceedances of the NAAQS for ozone during
the three year period from 1994 to 1996. At three of these monitors,
the number of expected exceedances was greater than 1.0 per year, and
therefore constituted a violation of the ozone NAAQS.
However, in its November 25, 1996 request, the Commonwealth of
Pennsylvania certified that the Pittsburgh-Beaver Valley area monitored
no exceedances during 1996. The 1996 monitoring data has been quality
controlled and quality assured. EPA has determined that the
requirements for a one-year extension of the attainment date have been
fulfilled as follows:
(1) Pennsylvania has formally submitted the attainment date
extension request.
(2) Pennsylvania is currently implementing the EPA-approved SIP.
[[Page 8390]]
(3) Pennsylvania has certified that the area has monitored no
exceedances during 1996.
Therefore, EPA approves Pennsylvania's attainment date extension
request for the Pittsburgh-Beaver Valley ozone nonattainment area. As a
result, the chart in 40 CFR 81.339 entitled ``Pennsylvania--Ozone'' is
being modified to reflect EPA's approval of Pennsylvania's attainment
date extension request.
Determination of Validated Air Quality Data for the Reading, PA and
Richmond, VA Moderate Ozone Nonattainment Areas
EPA has determined that both Pennsylvania and Virginia have
validated as accurate the 1994, 1995 and 1996 ozone air quality data
indicating attainment of the ozone standard in the Reading, PA and
Richmond, VA moderate ozone nonattainment areas. Therefore, EPA has
determined that the Reading, Pennsylvania and Richmond, Virginia areas
have met the November 15, 1996 attainment date for moderate areas
specified in the Act. Although EPA has determined that the Reading,
Pennsylvania and Richmond, Virginia areas have air quality data
indicating that the NAAQS for ozone has been attained, today's action
does not formally redesignate these areas to attainment. Any moderate
area which has attained the ozone NAAQS will remain designated
nonattainment and classified moderate until a formal redesignation
request and maintenance plan is submitted and EPA fully approves it.
Complying with specific ambient air quality standards is only the first
step toward being officially redesignated to ``attainment''.
``Attainment'' is a legal term defined under the Act which determines
whether an area is subject to certain emission control requirements
proscribed by the Act. There are redesignation requests currently
pending before EPA for both of these areas. EPA shall act upon those
requests submitted by the Commonwealths of Pennsylvania and Virginia
for their respective areas in separate rulemaking documents.
EPA Action
EPA is approving the attainment date extension for the Pittsburgh-
Beaver Valley moderate ozone nonattainment area from November 15, 1996
to November 15, 1997 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 this part 81 action should
adverse or critical comments be filed. This action will be effective
April 11, 1997 unless, by March 27, 1997 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 11, 1997.
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.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 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 a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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.
Extension of an area's attainment date under the CAA does not
impose any new requirements on small entities. Extension of an
attainment date is an action that affects a geographical area and does
not impose any regulatory requirements on sources. EPA certifies that
the approval of the attainment date extension will not affect a
substantial number of small entities.
C. Unfunded Mandates
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 aggregate; or to
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 approval action promulgated 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. This Federal action imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by
section 804(2).
E. Petitions for Judicial 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 28, 1997. 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 grant Pennsylvania an extension to
attain the ozone NAAQS in the Pittsburgh/Beaver
[[Page 8391]]
Valley ozone nonattainment area as defined in 40 CFR 81.339 may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: February 5, 1997.
W. Michael McCabe,
Regional Administrator, Region III.
Part 81 of 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.
2. In Sec. 81.339, the ``Pennsylvania--Ozone'' table is amended by
revising the entry for ``Pittsburgh-Beaver Valley Area'' to read as
follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Ozone
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Pittsburgh-Beaver Valley Area:
Allegheny County................................ .............. Nonattainment .............. Moderate.\2\
Armstrong County................................ .............. Nonattainment .............. Moderate.\2\
Beaver County................................... .............. Nonattainment .............. Moderate.\2\
Butler County................................... .............. Nonattainment .............. Moderate.\2\
Fayette County.................................. .............. Nonattainment .............. Moderate.\2\
Washington County............................... .............. Nonattainment .............. Moderate.\2\
Westmoreland County............................. .............. Nonattainment .............. Moderate.\2\
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
\2\ Attainment date extended to 11/15/97.
[FR Doc. 97-4119 Filed 2-24-97; 8:45 am]
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