[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Proposed Rules]
[Pages 4598-4600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2717]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA034-4014, PA035-4015; FRL-5418-9]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Maintenance Plan for the
Pittsburgh Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to disapprove a redesignation request for the
Pittsburgh ozone nonattainment area and a State Implementation Plan
(SIP) revision submitted by the Commonwealth of Pennsylvania. This
revision consists of a maintenance plan for the Pittsburgh ozone
nonattainment area. The intended effect of this action is to propose
disapproval of the redesignation request and its associated maintenance
plan because the area violated the National Ambient Air Quality
Standard for ozone (the ozone NAAQS) and is not eligible for
redesignation. This action is being taken under sections 107 and 110 of
the Clean Air Act.
DATES: Comments must be received on or before March 8, 1996.
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 and
the Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 597-9337, at the
EPA Region III office, or via e-mail at pino.maria@epamail.epa.gov.
While information may be requested via e-mail, comments must be
submitted in writing to the above Region III address.
SUPPLEMENTARY INFORMATION: On November 12, 1993, the Commonwealth of
Pennsylvania formally submitted a redesignation request for the
Pittsburgh ozone nonattainment area. At the same time, the Commonwealth
submitted a maintenance plan for the Pittsburgh area as a SIP revision.
The maintenance plan
[[Page 4599]]
was subsequently amended on January 13, 1994 and, again, on May 12,
1995. During the 1995 ozone season, the Pittsburgh area violated the
ozone NAAQS, making the area ineligible for redesignation. Therefore,
EPA is proposing to disapprove the redesignation request and its
associated maintenance plan.
Background
Under section 107(d)(3)(E) of the Clean Air Act (the Act), the
following five criteria must be met for an ozone nonattainment area to
be redesignated to attainment:
1. The area must meet the ozone NAAQS.
2. The area must meet applicable requirements of section 110 and
Part D.
3. The area must have a fully approved SIP under section 110(k) of
the Act.
4. The area must show that its experienced improvement in air
equality is due to permanent and enforceable measures.
5. The area must have a fully approved maintenance plan under
section 175A of the Act, including contingency measure.
The NAAQS for ozone is structured in terms of expected exceedances.
An exceedance is said to occur when a monitoring site records a
measurement above the ozone standard, 0.12 parts per million (ppm). In
order for a monitoring site to meet the NAAQS, the average expected
number of exceedances at the site must be less than or equal to one per
year in a three-year period (i.e. three or less expected exceedances in
a three-year period). An area is considered to be meeting the NAAQS if
all locations in that area meet the NAAQS. If one monitor in an area
does not meet the NAAQS, the entire area is designated nonattainment.
The Pittsburgh-Beaver Valley area (Pittsburgh area), which includes
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and
Westmoreland Counties, is designated nonattainment for ozone and is
classified as moderate (56 FR 56694). Monitored air quality data
recorded in the Pittsburgh area met the ozone NAAQS from 1990-1992 and
continued to meet the NAAQS through 1994. The Commonwealth of
Pennsylvania submitted an ozone maintenance SIP and redesignation
request on November 12, 1993, and subsequently amended the maintenance
plan on January 13, 1994 and May 12, 1995.
EPA Evaluation
During the 1995 ozone season, ambient air quality monitors in the
Pittsburgh area recorded 17 exceedances of the ozone standard. Two
monitors in the Pittsburgh area recorded violations of the ozone NAAQS
(i.e. four or more exceedances of the ozone standard). One monitor
recorded seven exceedances. Another monitor recorded four. The air
quality data has been quality assured in accordance with established
procedures. Thus, the Pittsburgh area no longer meets the first
criteria for redesignation, its air quality monitoring data does not
meet the ozone NAAQS. Therefore, the area is not eligible for
redesignation.
The maintenance plan SIP revision's demonstration of maintenance of
the ozone NAAQS is based on a level of ozone precursor emissions
thought to be able to provide maintenance of the NAAQS. The violations
of the ozone NAAQS that occurred in 1995 show that the underlying basis
for the plan's maintenance demonstration is no longer valid. Therefore,
the maintenance plan is not approvable.
A more detailed evaluation of Pennsylvania's redesignation request
and maintenance plan for the Pittsburgh area can be found in the
Technical Support Document (TSD) prepared by EPA for this rulemaking
action. The TSD and other materials related to this action are
available for public inspection at the EPA Regional office listed in
the ADDRESSES section of this document.
EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
Proposed Action
Because the Pittsburgh area is not eligible for redesignation, EPA
is proposing to disapprove Pennsylvania's request for redesignation of
the Pittsburgh area and the accompanying maintenance plan, which was
originally submitted on November 12, 1993, and amended on January 13,
1994 and May 12, 1995.
Upon final disapproval of the maintenance plan, the Pittsburgh area
will no longer be able to demonstrate conformity to the submitted
maintenance plan pursuant to the transportation conformity requirements
in 40 CFR Part 51, Sec. 51.448(i). Since the submitted maintenance plan
budget will no longer apply for transportation conformity purposes, the
build/no-build and less-than-90 tests will 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.
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.
EPA's denial of the state's redesignation request under section
107(d)(3)(E) of the Act does not affect any existing requirements
applicable to small entities nor does it impose new requirements. The
area retains its current designation status and will continue to be
subject to the same statutory requirements. To the extent that the area
must adopt regulations, based on its nonattainment status, EPA will
review the effect of those actions on small entities at the time the
State submits those regulations. Therefore, I certify that the
disapproval of the redesignation request will not affect a substantial
number of small entities.
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 Regional Administrator's decision to approve or disapprove
Pennsylvania's redesignation request for the Pittsburgh ozone
nonattainment area and the associated maintenance plan will be based on
whether they meet 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, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone.
[[Page 4600]]
Authority: 42 U.S.C. 7401-7671q.
Dated: January 22, 1996.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 96-2717 Filed 2-6-96; 8:45 am]
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