96-2250. Approval and Promulgation of Implementation Plans; West Virginia: Approval of PM-10 Implementation Plan for the Follansbee Area  

  • [Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
    [Proposed Rules]
    [Pages 4246-4248]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-2250]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [WV035-6001; FRL-5416-5]
    
    
    Approval and Promulgation of Implementation Plans; West Virginia: 
    Approval of PM-10 Implementation Plan for the Follansbee Area
    
    AGENCY: U.S. Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: On November 22, 1995, the State of West Virginia submitted to 
    EPA a revised attainment demonstration for the Follansbee, West 
    Virginia nonattainment area for particulate matter with an aerodynamic 
    diameter less than or equal to 10 micrometers (PM-10). West Virginia 
    submitted these revisions to address deficiencies identified by EPA in 
    a final limited disapproval of the particulate matter plans published 
    in the Federal Register on July 25, 1994 (59 FR 37696). Today, EPA is 
    proposing to approve West Virginia's demonstration. By separate notice 
    today, EPA is making an interim final determination that the revised 
    demonstration remedies the deficiencies identified in the rulemaking of 
    July 25, 1994. As a result, the sanctions which could have resulted 
    from the July 1994 rulemaking shall not apply.
    
    DATES: Comments on this proposed action must be received by March 6, 
    1996.
    
    ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate 
    Director, Air 
    
    [[Page 4247]]
    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 and the West Virginia 
    Department of Environmental Protection, Office of Air Quality, 1558 
    Washington Street, East, Charleston, West Virginia.
    
    FOR FURTHER INFORMATION CONTACT: Thomas A. Casey, (215) 597-2746, at 
    the EPA Region III address above (Mailcode 3AT22) or via e-mail at 
    casey.thomas@epamail.epa.gov.
        While information may be requested via e-mail, comments must be 
    submitted in writing to the EPA Region III address above.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    Requirements for PM-10 Nonattainment Areas
    
        The air quality planning requirements for moderate PM-10 
    nonattainment areas are set out in subparts 1 and 4 of Title I of the 
    Clean Air Act (Act). EPA has issued a ``General Preamble'' describing 
    EPA's preliminary views on how EPA intends to review SIP's and SIP 
    revisions submitted under Title I of the Act, including those State 
    submittals containing moderate PM-10 nonattainment area SIP 
    requirements (see generally 57 FR 13498 (April 16, 1992) and 57 FR 
    18070 (April 28, 1992)).
        Upon enactment of the Clean Air Act Amendments of 1990, all Group I 
    areas (and Group II areas that had monitored violations before January 
    1, 1989) were designated nonattainment by operation of law. A list of 
    these initial nonattainment areas, including the Follansbee area in 
    Brooke County, West Virginia and the adjacent Steubenville area in 
    neighboring Jefferson County, Ohio, was published on March 15, 1991 (56 
    FR 11101) with corrections on May 20, 1991 (56 FR 23105).1
    
        \1\  The Follansbee, West Virginia nonattainment area was 
    defined in this notice as the area bounded on the north by the 
    Market Street Bridge, on the east by West Virginia Route 2, on the 
    south by the extension of the southern boundary of Steubenville 
    Township, Jefferson County, Ohio, and on the West by the Ohio/West 
    Virginia border.
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        Those States containing initial moderate PM-10 nonattainment areas 
    were required to submit to EPA, among other things, the following by 
    November 15, 1991:
        1. Provisions to assure that reasonably available control measures 
    (RACM) (including such reductions in emissions from existing sources in 
    the area as may be obtained through the adoption, at a minimum, of 
    reasonably available control technology--RACT) shall be implemented no 
    later than December 10, 1993;
        2. Either a demonstration (including air quality modeling) that the 
    plan will provide for attainment as expeditiously as practicable but no 
    later than December 31, 1994 or a demonstration that attainment by that 
    date is impracticable;
        3. Quantitative milestones which are to be achieved every 3 years 
    and which demonstrate reasonable further progress (RFP) toward 
    attainment by December 31, 1994; and
        4. Provisions to assure that the control requirements applicable to 
    major stationary sources of PM-10 also apply to major stationary 
    sources of PM-10 precursors except where the Administrator determines 
    that such sources do not contribute significantly to PM-10 levels which 
    exceed the national ambient air quality standards (NAAQS) in the area. 
    See sections 172(c), 188, and 189 of the Act.
        Some provisions were due at later dates. States with initial 
    moderate PM-10 nonattainment areas were required to submit permit 
    programs for the construction and operation of new and modified major 
    stationary sources of PM-10 by June 30, 1992 (see section 189(a)). Such 
    States also must submit contingency measures by November 15, 1993 which 
    become effective without further action by the State or EPA, upon a 
    determination by EPA that the area has failed to achieve RFP or to 
    attain the PM-10 NAAQS by the applicable statutory deadline. See 
    section 172(c)(9) and 57 FR 13543-44.
    
    West Virginia's 1991 Submittal
    
        Pursuant to these requirements, West Virginia submitted a SIP 
    revision request for the Follansbee area on November 15, 1991. The 
    submittal contained bilateral consent orders between the State of West 
    Virginia and six companies requiring reductions in PM-10 emissions from 
    six sources in the Follansbee area; an air quality modeling analysis 
    intended to demonstrate that West Virginia's SIP, once revised to 
    include the consent orders, would be sufficient to attain the PM-10 
    NAAQS in the Follansbee area; and other supporting information, such as 
    RACT analyses and an analysis of PM-10 precursors.
        On July 25, 1994, EPA took final limited approval and limited 
    disapproval actions on West Virginia's 1991 submittal (59 FR 37696). 
    EPA approved the six consent orders for incorporation into the SIP and 
    determined, among other things, that the revised SIP provided for RACM. 
    EPA disapproved certain elements of the attainment demonstration 
    because of technical inadequacies. Specifically, there were errors in 
    estimates of emissions from coke oven batteries; there was no analysis 
    of intermediate terrain (terrain between stack height and plume 
    height); and the demonstration included non-guideline use of the 
    Gaussian-Plume Multiple Source Air Quality Algorithm (RAM) dispersion 
    model in a meteorologically rural area. The notice of proposed 
    rulemaking (59 FR 988) and Technical Support Document to that 
    rulemaking provides detailed descriptions of these deficiencies and 
    documents other deficiencies that are more directly related to sources 
    in Ohio, such as the underestimation of emissions from basic oxygen 
    furnaces.
        EPA took no action on the contingency measures contained in the 
    1991 SIP submittal with respect to the requirements of 179(c)(9) of the 
    Act. The General Preamble to Title I of the Clean Air Act Amendments of 
    1990 established a November 15, 1993 deadline for State submittal of 
    contingency plans. EPA will take action on the contingency measures in 
    a separate rulemaking.
    
    West Virginia's 1995 Submittal
    
        On November 22, 1995, West Virginia submitted to EPA additions to 
    its 1991 attainment demonstration and emissions inventory for the 
    Follansbee area. While the revised demonstration and inventory rest 
    largely on the same data as the 1991 submittal, several changes were 
    made. Specifically, coke oven battery emission estimates were 
    corrected; the entire emissions inventory was remodeled using EPA's 
    newly available ISC3 (Industrial Source Complex) model (incorporating 
    an intermediate terrain analysis and a revised area source algorithm); 
    the meteorological data were reprocessed using the Meteorological 
    Processor for Regulatory Models (MPRM); the coordinates of several 
    sources, which were in error in the original submittal, were corrected; 
    and certain annual emission rate estimates were refined.
        The result of the revised modeling is that West Virginia's SIP (as 
    revised in 1991), along with Ohio's SIP, is sufficient to attain the 
    NAAQS. The analysis shows that, even if all sources emit at their 
    maximum allowable emission rates, the 24-hour PM-10 
    
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    concentration will not exceed 150 g/m\3\ more than once per 
    year in any location in the area. Similarly, the demonstration shows 
    that, in the attainment year, the annual PM-10 concentration will not 
    exceed the annual PM-10 NAAQS of 50 g/m\3\. The analysis is 
    also sufficient to demonstrate that the PM-10 NAAQS will be maintained 
    in future years because the population the area not increasing. The 
    analysis was performed in a manner that is consistent with the 
    Guideline on Air Quality Models (40 CFR 51 Appendix W). For more 
    details regarding the attainment demonstration, see the Technical 
    Support Document.
        These revisions correct the deficiencies that resulted in EPA's 
    limited disapproval of the attainment demonstration and emissions 
    inventory.
    
    II. Today's Proposal
    
        Today, EPA is proposing to approve West Virginia's November 22, 
    1995 additions to its attainment demonstration and to approve the 
    demonstration as meeting the requirements of section 189(a)(1)(B) for 
    an attainment demonstration and the 172(c)(3) requirement for an 
    accurate emissions inventory. By separate notice today, EPA is making 
    an interim final determination that the revised demonstration remedies 
    the deficiencies identified in the rulemaking of July 25, 1994. As a 
    result, the sanctions which could have resulted from the July 1994 
    rulemaking shall not apply.
        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.
        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 SIPs on such grounds. Union Electric Co. v. U.S. 
    EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
        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.
        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 that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the 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 approval action proposed/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 
    approves pre-existing requirements under State or local law, and 
    imposes no new Federal requirements. Accordingly, no additional costs 
    to State, local, or tribal governments, or to the private sector, 
    result from this action.
        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.
        The Administrator's decision to approve or disapprove West 
    Virginia's PM-10 attainment demonstration and emissions inventory for 
    the Follansbee area will be based on whether it meets the requirements 
    of section 110(a)(2)(A)-(K) and part D of the Clean Air Act, as 
    amended, and EPA regulations in 40 CFR Part 51.
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Intergovernmental 
    relations, Particulate matter.
    
        Authority: 42 U.S.C. 7401-7671q.
    
        Dated: January 25, 1996.
    
    W. Michael McCabe,
    
    Regional Administrator, Region III.
    
    [FR Doc. 96-2250 Filed 2-2-96; 8:45 am]
    
    BILLING CODE 6560-50-P
    
    

Document Information

Published:
02/05/1996
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-2250
Dates:
Comments on this proposed action must be received by March 6, 1996.
Pages:
4246-4248 (3 pages)
Docket Numbers:
WV035-6001, FRL-5416-5
PDF File:
96-2250.pdf
CFR: (1)
40 CFR 52