[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14495-14497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8003]
-----------------------------------------------------------------------
[[Page 14496]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[TX-59-1-7268; FRL-5451-1]
Designation of Areas for Air Quality Planning Purposes; State of
Texas; Correction of the Design Value and Classification for the
Beaumont/Port Arthur Ozone Nonattainment Area
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This document announces the Administrator's decision to
correct the design value and classification of the Beaumont/Port Arthur
ozone nonattainment area. The Beaumont/Port Arthur area (the area) was
classified as a serious ozone nonattainment area by EPA on November 6,
1991. However, EPA has determined that the ozone design value of 0.160
parts per million (ppm) published by EPA and used in classifying the
area as a serious ozone nonattainment area was incorrect. The correct
monitored ozone design value was 0.158 ppm. This design value falls
within the range of values considered as moderate nonattainment for
ozone under the Clean Air Act Amendments of 1990 (CAAA). Pursuant to
section 110(k)(6) of the CAAA, which allows EPA to correct its actions,
EPA is today publishing the correct design value of 0.158 ppm and is
granting the State's request to correct the classification of the area
from serious to moderate.
EFFECTIVE DATE: This action will become effective on June 3, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Air Planning Section
(6PD-L), U.S. Environmental Protection Agency, Region VI, 1445 Ross
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7219.
SUPPLEMENTARY INFORMATION:
Background
Prior to the CAAA, EPA identified and designated nonattainment
areas with respect to the National Ambient Air Quality Standards
(NAAQS). For such areas, States submitted State Implementation Plans
(SIPs) to control emissions and achieve attainment of the NAAQS. The
Beaumont/Port Arthur area, initially comprised of Jefferson and Orange
Counties, was originally designated as nonattainment for ozone on March
3, 1978 (43 FR 8962). Hardin County is part of the area's Metropolitan
Statistical Area, and as such was included in the Beaumont/Port Arthur
area with Jefferson and Orange Counties on November 6, 1991 (56 FR
56694). The SIP for the area was first adopted in the early 1970's.
Under the CAAA, the area retained its designation of nonattainment
and was classified as serious by operation of law pursuant to sections
107(d) and 181(a) upon the date of enactment of the CAAA. See 56 FR
56694 (November 6, 1991). This classification was required to be based
on the design value for the area. The monitored design value was
rounded to two decimal places by the State and reported to EPA as 0.16
ppm. Section 179B defines the ranges of design values associated with
each classification. Moderate areas were defined by design values from
0.138 ppm to 0.160 ppm. Serious areas were defined by design value
ranges from 0.160 ppm to 0.180 ppm.
Since the reported design value for the area made it difficult to
determine the classification, the design value of a special purpose
monitor was used to assist EPA in determining whether the area should
be classified as moderate or serious. This special purpose monitor had
a design value of 0.180 ppm, which lead EPA to believe that the serious
classification was more appropriate. The EPA published the design value
as 0.160 ppm in its November 6, 1991 Federal Register document, and
classified the area as serious. The Texas Natural Resource Conservation
Commission recently discovered a data file which allowed the State to
recalculate the actual design value of the 4th highest hourly peak
ozone concentration at the State-run monitoring site in Beaumont to
three decimal places. The actual design value for the May 28, 1989
exceedance has been calculated at 0.158 ppm.
Correction of Error Under Section 110(k)(6)
Section 110(k)(6) of the Act provides whenever the Administrator
determines that the Administrator's action approving, disapproving, or
promulgating any plan or plan revision (or part thereof), area
designation, redesignation, classification, or reclassification was in
error, the Administrator may in the same manner as the approval,
disapproval, or promulgation revise such action as appropriate without
requiring any further submission from the State. Such determination and
the basis thereof shall be provided to the State and public. The EPA
interprets this provision to authorize the Agency to make corrections
to a promulgation when it is shown to EPA's satisfaction that an error
occurred in failing to consider or inappropriately considering
information available to EPA at the time of the promulgation, or the
information made available at the time of promulgation is subsequently
demonstrated to have been clearly inadequate.
The EPA's initial action classifying the Beaumont/Port Arthur area
was based on an ozone design value obtained from the State monitoring
network of 0.16 ppm, along with consideration of some data from a
special purpose monitor. The design value submitted to EPA by the State
at the time the classification was promulgated has subsequently been
proven to be inadequate. A corrected design value of 0.158 ppm obtained
from the State monitoring network during the initial classification
timeframe has recently been submitted to EPA by the State and deemed
accurate.
Further, the EPA has since determined that data from the special
purpose monitor (SPM) should not have been used for classification
purposes since 1) the SPM is not part of the State monitoring network,
2) the data from this monitor are for research purposes, 3) these data
are not reported to EPA's Aerometric Information Retrieval System, and
4) the SPM data used to assist in making the original design value
determination were collected in 1990, outside of the 1987-1989
timeframe generally associated with classification determinations.
Final Action
In the Federal Register of November 6, 1991 (56 FR 56694), EPA
issued a final rule promulgating the designations, boundaries, and
classifications of ozone nonattainment areas (and for nonattainment
areas for other pollutants not addressed in this action). Accordingly,
in today's action, EPA is correcting this error by publishing the
correct design value of 0.158 ppm for the Beaumont/Port Arthur area,
and correcting the classification of the area from serious to moderate
for ozone in accordance with section 110(k)(6). In accordance with CAAA
sections 107(d)(2)(B), and 110(k)(6), this document is a final
publication of the ozone design value for the Beaumont/Port Arthur area
and the classification of the area to a moderate ozone nonattainment
area, and is not subject to the notice and comment provisions of
sections 553 through 557 of Title 5. Designation of Areas for Air
Quality Planning Purposes; State of Texas; Correction of the Design
Value and Classification for the Beaumont/Port Arthur Ozone
Nonattainment Area (Page 6 of 7).
[[Page 14497]]
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 26, 1996.
Carol M. Browner,
Administrator.
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7871q.
2. In Sec. 81.344, the ozone table is amended by revising the entry
for the Beaumont/Port Arthur Area to read as follows:
Sec. 81.344 Texas.
* * * * *
Texas--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Beaumont/Port Arthur Area:
Hardin County..................... ............... Nonattainment....... ............... Moderate
Jefferson County.................. ............... Nonattainment....... ............... Moderate
Orange County..................... ............... Nonattainment....... ............... Moderate
* * * * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 96-8003 Filed 4-1-96; 8:45 am]
BILLING CODE 6560-50-P
