[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27893-27896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13004]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIPTRAX No. PA63-1-7032a; FRL-5211-1]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania: Determination of Attainment of Ozone
Standard by the Pittsburgh-Beaver Valley and Reading Ozone
Nonattainment Areas and Determination Regarding Applicability of
Certain Reasonable Further Progress and Attainment Demonstration
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA has determined that the Pittsburgh-Beaver Valley and
Reading ozone nonattainment areas have attained the National Ambient
Air Quality Standard (NAAQS) for ozone. This determination is based
upon three years of ambient air monitoring data for the years 1992-94
that demonstrate that the ozone NAAQS has been attained in these areas.
On the basis of this determination, EPA is also determining that
certain reasonable further progress and attainment demonstration
requirements, along with certain other related requirements, of Part D
of Title I of the Clean Air Act (CAA) are not applicable to these areas
as long as these areas continue to attain the ozone NAAQS.
EFFECTIVE DATE: This action will become effective July 10, 1995 unless
notice is received on or before June 26, 1995 that adverse or critical
comments will be submitted. 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.
FOR FURTHER INFORMATION CONTACT: Kathleen Henry, (215) 597-0545.
SUPPLEMENTARY INFORMATION:
I. Background
Subpart 2 of Part D of Title I of the Clean Air Act (CAA) contains
various air quality planning and state implementation plan (SIP)
submission requirements for ozone nonattainment areas. EPA believes it
is reasonable to interpret provisions regarding reasonable further
progress (RFP) and attainment demonstrations, along with certain other
related provisions, so as not to require SIP submissions if an ozone
nonattainment area subject to those requirements is monitoring
attainment of the ozone standard (i.e., attainment of the NAAQS
demonstrated with three consecutive years of complete, quality assured
air quality monitoring data). As described below, EPA has previously
interpreted the general provisions of subpart 1 of part D of Title I
(sections 171 and 172) so as not to require the submission of SIP
revisions concerning RFP, attainment demonstrations, or contingency
measures. As explained in a memorandum dated May 10, 1995, from John S.
Seitz, Director, Office of Air Quality Planning and Standards to the
Regional Air Division Directors, entitled ``Reasonable Further
Progress, Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone National Ambient Air Quality
Standard'', EPA believes it is appropriate to interpret the more
specific RFP, attainment demonstration and related provisions of
subpart 2 in the same manner.
First, with respect to RFP, section 171(1) states that, for
purposes of part D of Title I, RFP ``means such annual incremental
reductions in emissions of the relevant air pollutant as are required
by this part or may reasonably be required by the Administrator for the
purpose of ensuring attainment of the applicable national ambient air
quality standard by the applicable date.'' Thus, whether dealing with
the general RFP requirement of section 172(c)(2), or the more specific
RFP requirements of subpart 2 for classified ozone nonattainment areas
(such as the 15 percent plan requirement of section 182(b)(1)), the
stated purpose of RFP is to ensure attainment by the applicable
attainment date.\1\ If an area has in fact attained the standard, the
stated purpose of the RFP requirement will have already been fulfilled
and EPA does not believe that the area need submit revisions providing
for the [[Page 27894]] further emission reductions described in the RFP
provisions of section 182(b)(1).
\1\EPA notes that paragraph (1) of subsection 182(b) is entitled
``PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS'' and that
subparagraph (B) of paragraph 182(c)(2) is entitled ``REASONABLE
FURTHER PROGRESS DEMONSTRATION,'' thereby making it clear that both
the 15 percent plan requirement of section 182(b)(1) and the 3
percent per year requirement of section 182(c)(2) are specific
varieties of RFP requirements.
EPA notes that it took this view with respect to the general RFP
requirement of section 172(c)(2) in the General Preamble for the
Interpretation of Title I of the Clean Air Act Amendments of 1990 (57
FR 13498 (April 16, 1992)), and it is now extending that interpretation
to the specific provisions of subpart 2. In the General Preamble, EPA
stated, in the context of a discussion of the requirements applicable
to the evaluation of requests to redesignate nonattainment areas to
attainment, that the ``requirements for RFP will not apply in
evaluating a request for redesignation to attainment since, at a
minimum, the air quality data for the area must show that the area has
already attained. Showing that the State will make RFP towards
attainment will, therefore, have no meaning at that point.'' (57 FR
13564)2
\2\See also ``Procedures for Processing Requests to Redesignate
Areas to Attainment,'' from John Calcagni, Director, Air Quality
Management Division, to Regional Air Division Directors, September
4, 1992, at page 6 (stating that the ``requirements for reasonable
further progress * * * will not apply for redesignations because
they only have meaning for areas not attaining the standard'')
(hereinafter referred to as ``September 1992 Calcagni memorandum'').
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Second, with respect to the attainment demonstration requirements
of section 182(b)(1), an analogous rationale leads to the same result.
Section 182(b)(1) requires that the plan provide for ``such specific
annual reductions in emissions * * * as necessary to attain the
national primary ambient air quality standard by the attainment date
applicable under this Act.'' As with the RFP requirements, if an area
has in fact monitored attainment of the standard, EPA believes there is
no need for an area to make a further submission containing additional
measures to achieve attainment. This is also consistent with the
interpretation of certain section 172(c) requirements provided by EPA
in the General Preamble to Title I, as EPA stated there that no other
measures to provide for attainment would be needed by areas seeking
redesignation to attainment since ``attainment will have been
reached.'' (57 FR 13564; see also September 1992 Calcagni memorandum at
page 6.) Upon attainment of the NAAQS, the focus of state planning
efforts shifts to maintenance of the NAAQS and the development of a
maintenance plan under section 175A.
Similar reasoning applies to the contingency measure requirements
of section 172(c)(9). EPA has previously interpreted the contingency
measure requirement of section 172(c)(9) as no longer being applicable
once an area has attained the standard since those ``contingency
measures are directed at ensuring RFP and attainment by the applicable
date.'' (57 FR 13564; see also September 1992 Calcagni memorandum at
page 6.) Similarly, as the section 172(c)(9) contingency measures are
linked with the RFP requirements of section 182(b)(1), the requirement
no longer applies once an area has attained the standard.
EPA emphasizes that the lack of a requirement to submit the SIP
revisions discussed above exists only for as long as an area designated
nonattainment continues to attain the standard. If EPA subsequently
determines that such an area has violated the NAAQS, the basis for the
determination that the area need not make the pertinent SIP revisions
would no longer exist. The EPA would notify the State of that
determination and would also provide notice to the public in the
Federal Register. Such a determination would mean that the area would
have to address the pertinent SIP requirements within a reasonable
amount of time, which EPA would establish taking into account the
individual circumstances surrounding the particular SIP submissions at
issue. Thus, a determination that an area need not submit one of the
SIP submittals amounts to no more than a suspension of the requirement
for so long as the area continues to attain the standard.
The State must continue to operate an appropriate air quality
monitoring network, in accordance with 40 CFR part 58, to verify the
attainment status of the area. The air quality data relied upon to
determine that the area is attaining the ozone standard must be
consistent with 40 CFR part 58 requirements and other relevant EPA
guidance and recorded in EPA's Aerometric Information Retrieval System
(AIRS).
The determinations that are being made with this Federal Register
notice are not equivalent to the redesignation of the area to
attainment. Attainment of the ozone NAAQS is only one of the criteria
set forth in section 107(d)(3)(E) that must be satisfied for an area to
be redesignated to attainment. To be redesignated the state must submit
and receive full approval of a redesignation request for the area that
satisfies all of the criteria of that section, including the
requirement of a demonstration that the improvement in the area's air
quality is due to permanent and enforceable reductions and the
requirements that the area have a fully-approved SIP meeting all of the
applicable requirements under section 110 and Part D and a fully-
approved maintenance plan.
Furthermore, the determinations made in this notice do not shield
an area from future EPA action to require emissions reductions from
sources in the area where there is evidence, such as photochemical grid
modeling, showing that emissions from sources in the area contribute
significantly to nonattainment in, or interfere with maintenance by,
other nonattainment areas. EPA has authority under sections
110(a)(2)(A) and 110(a)(2)(D) to require such emission reductions as
necessary and appropriate to deal with transport situations.
II. Analysis of Air Quality Data
EPA has reviewed the ambient air monitoring data for ozone
(consistent with the requirements contained in 40 CFR part 58 and
recorded in AIRS) for the Pittsburgh-Beaver Valley and Reading moderate
ozone nonattainment areas in the Commonwealth of Pennsylvania from 1992
through the present time. On the basis of that review EPA has concluded
that the area attained the ozone standard during the 1992-94 period and
continues to attain the standard at this time.
The current design value for the Pittsburgh-Beaver Valley
nonattainment area, computed using ozone monitoring data for 1992
through 1994, is 121 parts per billion (ppb). The average annual number
of expected exceedances is 0.7 for that same time period. The current
design value for the Reading nonattainment area, computed using ozone
monitoring data for 1992 through 1994, is 105 ppb. The average annual
number of expected exceedances is 0.3 for that same time period. An
area is considered in attainment of the standard if the average annual
number of expected exceedances is less than or equal to 1.0. Thus,
these areas are no longer recording violations of the air quality
standard for ozone. A more detailed summary of the ozone monitoring
data for the area is provided in the Technical Support Document for
this notice.
EPA is making these determinations without prior proposal. However,
in a separate document in this Federal Register publication, EPA is
proposing to make these determinations should adverse or critical
comments be filed. This action will be effective July 10, 1995 unless,
within 30 days of publication, adverse or critical comments are
received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
[[Page 27895]] 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 July 10, 1995.
Final Action
EPA has determined that the Pittsburgh-Beaver Valley and Reading
ozone nonattainment areas have attained the ozone standard and continue
to attain the standard at this time. As a consequence of this
determination, the requirements of section 182(b)(1) concerning the
submission of the 15 percent plan and ozone attainment demonstration
and the requirements of section 172(c)(9) concerning contingency
measures are not applicable to the area so long as the area does not
violate the ozone standard. Since these areas will not be required to
submit 15 percent plans or attainment demonstrations, these areas will
not be in the control strategy period for conformity purposes for so
long as the areas do not violate the standard. However, the Pittsburgh-
Beaver Valley and Reading areas, which are already demonstrating
conformity to a submitted maintenance plan pursuant to 40 CFR Part 51,
section 51.448(i), may continue to do so, or the Commonwealth may elect
to withdraw the applicability of the submitted maintenance plan budget
for conformity purposes until the maintenance plan is approved. The
applicability may be withdrawn through the submission of a letter from
the Governor or his or her designee. If the applicability of the
submitted maintenance plan budget is withdrawn for transportation
conformity purposes, the build/no-build and less-than-1990 tests will
apply until the maintenance plan is approved.
EPA emphasizes that these determinations are contingent upon the
continued monitoring and continued attainment and maintenance of the
ozone NAAQS in the affected area. When and if a violation of the ozone
NAAQS is monitored in the Pittsburgh-Beaver Valley or Reading
nonattainment areas (consistent with the requirements contained in 40
CFR part 58 and recorded in AIRS), EPA will provide notice to the
public in the Federal Register. Such a violation would mean that the
area would thereafter have to address the requirements of section
182(b)(1) and section 172(c)(9) since the basis for the determination
that they do not apply would no longer exist.
As a consequence of the determination that these areas have
attained the NAAQS and that the RFP and attainment demonstration
requirements of section 182(b)(1) do not presently apply, the sanctions
clocks started by EPA on January 18, 1994, for failure to submit these
requirements is hereby stopped since the deficiency for which the clock
was started no longer exists.
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. Today's determination does not create any new requirements, but
suspends the indicated requirements. Therefore, because this notice
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
EPA's final action does not impose any federal intergovernmental
mandate, as defined in section 101 of the Unfunded Mandates Act, upon
the State. No additional costs to State, local, or tribal governments,
or to the private sector, result from this action, which suspends the
indicated requirements. Thus, EPA has determined that this final action
does not include a 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 action has been classified as a Table 2 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
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The OMB has exempted this
regulatory action from E.O. 12866 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 July 25, 1995. 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 may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone.
Dated: May 16, 1995.
Stanley Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52, subpart NN of chapter I, title 40 is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2037 is amended by adding paragraph (b) to read as
follows:
Sec. 52.2037 Control Strategy: Carbon monoxide and ozone
(hydrocarbons).
* * * * *
(b)(1) Determination--EPA has determined that, as of July 10, 1995,
the Pittsburgh-Beaver Valley ozone nonattainment area has attained the
ozone standard and that the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act do not apply to
this area for so long as the area does not monitor any violations of
the ozone standard. If a violation of the ozone NAAQS is monitored in
the Pittsburgh-Beaver Valley ozone nonattainment area, these
determinations shall no longer apply. [[Page 27896]]
(2) Determination--EPA has determined that, as of July 10, 1995,
the Reading ozone nonattainment area has attained the ozone standard
and that the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act do not apply to this area for so long as
the area does not monitor any violations of the ozone standard. If a
violation of the ozone NAAQS is monitored in the Reading ozone
nonattainment area, these determinations shall no longer apply.
[FR Doc. 95-13004 Filed 5-25-95; 8:45 am]
BILLING CODE 6560-50-P
