[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29664-29666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14786]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIPTRAX No. PA 20-1-4026; PA 31-1-4027; PA 39-1-4028; AD-FRL-5463-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania: Partial Approval of PM-10 Implementation Plan for the
Liberty Borough Area of Allegheny County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving, in part, revisions to the Allegheny County
portion for the Pennsylvania State Implementation Plan (SIP) prepared
by the Allegheny County Health Department (ACHD) and formally submitted
by the Pennsylvania Department of Environmental Protection (PADEP).
PADEP submitted the SIP revisions, in general, to satisfy the Clean Air
Act's (the Act's) requirements for control of particulate matter with
an aerodynamic diameter less than or equal to a nominal 10 micrometers
(PM-10), and specifically, to satisfy the Act's requirements applicable
to the Liberty Borough area of Allegheny County, which is classified as
a moderate nonattainment area for the national ambient air quality
standards (NAAQS) for PM-10. EPA is approving the regulatory portions
the Commonwealth's submittals. EPA is deferring action, at this time,
on the attainment demonstration and associated air quality analyses
portion of one of the Commonwealth's submittals. This action is being
taken under section 110 of the Act.
EFFECTIVE DATE: This final rule will become effective on July 12, 1996.
Addresses: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Air, Radiation, and Toxics Divisions, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107; the Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460; and the Allegheny County Health Department, Bureau of
Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Casey, (215) 566-2194.
SUPPLEMENTARY INFORMATION: On April 11, 1995, EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania (60 FR
18385). The NPR proposed full approval of three revisions to the
Allegheny County portion of the Pennsylvania SIP: a November 8, 1988
submittal which included the adoption of the PM-10 NAAQS and other
provisions to satisfy pre-1990 Clean Air Act Amendment requirements
pertaining to Group III PM-10 areas; a December 31, 1992 submittal
which consisted of regulations to reduce PM-10 emissions and to limit
visible emissions from several categories of fugitive dust sources; and
a January 6, 1995 submittal which included revised regulatory
provisions to reduce PM-10 emissions and an attainment demonstration of
the NAAQs for PM-10 with its associated technical air quality analyses.
Description of Today's Action
EPA is approving the Commonwealth's November 8, 1988 submittal,
December 31, 1992 submittal, and the regulatory portion of the January
6, 1994 submittal.
The underlying rationale for EPA's approval of these submittals is
provided in the April 11, 1995, NPR, referenced above, as well as in
the Technical Support Document (TSD), and will not be restated here.
Today's action is considered a partial approval because EPA is
deferring action at this time on the attainment demonstration portion
of the January 6, 1994 submittal and its associated air quality
analyses.
EPA is deferring action, at this time, on the attainment
demonstration portion of the January 6, 1994 submittal for two reasons.
First, EPA received adverse comments on those aspects on EPA's April
11, 1995 proposal related to the attainment demonstration and air
quality analyses, and is still considering those comments. Secondly,
since the time EPA's April 11, 1995 proposal on the SIP revisions
listed above, EPA has commenced rulemaking to determine whether or not
the Liberty Borough PM-10 nonattainment area attained the NAAQS by the
December 31, 1994 deadline required for moderate areas.\1\
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\1\ On September 19, 1995, EPA published a notice of proposed
rulemaking (60 FR 48439) that proposes to find, pursuant to section
188(b)(2) of the Act, that Liberty Borough nonattainment area has
not attained the PM-10 NAAQS by the statutory attainment date of
December 31, 1994.
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Summary of Public Comments
This section summarizes the public comments that were submitted
regarding EPA's proposed approval of the regulatory portions of the SIP
submittals, and provides EPA's responses to those comments. The public
comments received regarding EPA's proposed approval of the attainment
demonstration portion of the January 6, 1994 submittal will be not be
discussed in this notice but rather as part of any future rulemaking
actions by EPA on that attainment demonstration and its associated air
quality analyses. Nine letters of public comment were submitted on
EPA's April 11, 1995 proposal (60 FR 18385) which relate to the
regulatory portions of the Commonwealth's submittals upon which EPA is
taking final action. These comments can be divided in to two major
areas: enforcement and general support.
Enforcement Comment: Three commenters raised concerns that the ACHD
and the PADEP do not dedicate sufficient resources to enforcement, do
not inspect coke oven batteries often enough, and that EPA should,
therefore, disapprove the SIP because the Commonwealth has not
fulfilled its requirement under section 110(a)(2)(E) of the Act to
provide adequate personnel to implement the SIP.
Response: EPA has determined that the Commonwealth of Pennsylvania
satisfies section 110(a)(2)(E) of the Act.
General Support: Four commenters expressed general support for
EPA's April 11, 1995 proposed actions.
Final Action: EPA is approving, in part, revisions submitted by the
Commonwealth of Pennsylvania for the Allegheny County portion of the
Pennsylvania SIP. Specifically EPA is approving a November 8, 1988
submittal which included the adoption of the PM-10 NAAQS and other
provisions to satisfy the pre-1990 Clean Air Act
[[Page 29665]]
Amendment requirements pertaining to Group III PM-10 areas; a December
31, 1992 submittal which consisted of regulations to reduce PM-10
emissions and to limit visible emissions from several categories of
fugitive dust sources; and the regulatory portion of a January 6, 1994
submittal which included revised and additional regulatory provisions
to reduce PM-10 emissions. EPA is deferring action at this time on the
attainment demonstration portion of the January 6, 1994 submittal and
on its associated air quality analyses.
EPA has reviewed these requests for revision of the federally-
approved state implementation plan for conformance with the provisions
of the 1990 amendments enacted on November 15, 1990.
The Agency has determined that this action conforms with those
requirements irrespective of the fact that one of the submittals
preceded the date of enactment.
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 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 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 ha 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.
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 August 12, 1996. 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 partial approval of SIP revisions for the Liberty
Borough, Pennsylvania PM-10 nonattainment area 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, Incorporation by
reference, Particulate matter.
Dated: April 10, 1996.
William T. Wisniewski,
Acting Regional Administrator.
Chapter I, title 40, of the Code of Federal Regulations 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 52.2020 is amended by adding paragraphs (c)(90),
(c)(91), and (c)(92) to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(90) Revisions to the Allegheny County portion of the Pennsylvania
SIP to adopt the PM-10 NAAQS and fulfill other Group III requirements,
submitted on November 8, 1988 by the Pennsylvania Department of
Environmental Resources:
(i) Incorporation by reference.
(A) Letter of November 8, 1988 from the Pennsylvania Department of
Environmental Resources transmitting revisions to Article XX of
Allegheny County Health Department Rules and Regulations.
(B) Revisions to the following sections of Article XX of Allegheny
County Health Department Rules and Regulations, effective August 22,
1988:
(1) Section 101, Definitions (definition of ``PM10'').
(2) Section 109, Ambient Air Quality Standards.
(3) Section 527, Areas Subject to Sections 521 through 526 (various
fugitive dust measures).
(4) Section 613, Ambient Measurements.
(5) Section 704, Episode Criteria.
(6) Section 801, Definitions. (Definitions of ``Attainment area,''
``Nonattainment area,'' ``Significant air quality impact,'' and
``Unclassified area'')
(7) Appendix 1, Attainment, Unclassifiable and Nonattainment Areas
of Allegheny County: deleted.
(ii) Additional material.
(A) Remainder of the November 8, 1988 submittal pertaining to the
Allegheny County portion of the Pennsylvania SIP to adopt the PM-10
NAAQS and fulfill other Group III requirements.
(91) Revisions to the Allegheny County portion of the Pennsylvania
SIP to reduce PM-10 emissions and visible emissions from several
categories of fugitive dust sources, submitted on December 31, 1992 by
the Pennsylvania Department of Environmental Resources:
(i) Incorporation by reference.
(A) Letter of December 31 1992 from the Pennsylvania Department of
Environmental Resources transmitting revisions to Article XX of
Allegheny county Health Department Rules and Regulations.
(B) Revisions to the following sections of Article XX of Allegheny
County Health Department Rules and Regulations, effective November 1,
1992.
(1) Section 402, Particulate Mass Emissions (Paragraph A--Fuel
Burning or Combustion Equipment)
(2) Section 520, Coke Ovens (Paragraph J--Compliance Schedule)
(3) Section 521, Permit Source Premises.
(4) Section 521.1, Non-Permit Source Premises.
(5) Section 523, Permit Source Transport.
(6) Section 523.1, Non-Permit Source Transport.
(7) Section 524, Construction and Land Clearing.
[[Page 29666]]
(8) Section 527, Areas Subject to Sections 521 through 526.
(9) Section 602, Particulate Matter (test methods).
(10) Section 606, Visible Emissions (measurement).
(11) Section 607, Coke Oven Emissions (measurement).
(12) Section 608, Coke Oven Gas (measurement of hydrogen sulfide
content).
(ii) Additional material.
(A) Remainder of the December 31, 1992 submittal pertaining to the
Allegheny County portion of the Pennsylvania SIP to reduce PM-10
emissions and visible emissions from several categories of fugitive
dust sources.
(92) Revisions to the Allegheny County portion of the Pennsylvania
SIP to reduce PM-10 emissions including the newly created Allegheny
County Article XXI which both revised and added emission reduction
requirements for certain industrial boilers, various emission points at
US Steel's Clairton Coke Works and the Glassport Transportation Center,
new definitions related to coke oven gas emissions, and new test
methods for particulate matter; submitted by the Pennsylvania
Department of Environmental Resources on January 6, 1994 and effective
February 1, 1994.
(i) Incorporation by reference.
(A) Letter of January 6, 1994 from the Pennsylvania Department of
Environmental Resources transmitting Article XXI of Allegheny County
Health Department Rules and Regulations.
(B) The newly created Article XXI of Allegheny County Health
Department Rules and Regulations in its entirety, effective February 1,
1994.
(1) Part A (sections 2101 et seq.), General, reserved in part:
(i) Section 2101. Short Titles.
(ii) Section 2101.3, Effective Date and Repealer.
(iii) Section 2101.20, Definitions.
(2) Part B (sections 2102 et seq.), Installation Permits, reserved.
(3) Part C (sections 2103 et seq.), Operating Permits and Licenses,
reserved.
(4) Part D (sections 2104 et seq.), Pollutant Emission Standards,
reserved in part.
(i) Section 2104.6, Particulate Mass Emissions, replaces section
402 of Article XX.
(5) Part E (sections 2105 et seq.), Sources Emission and Operating
Standards, reserved in part.
(i) Section 2105.21, Coke Ovens and Coke Oven Gas, replaces section
520.B. through 520.J. and section 530 of Article XX.
(ii) Section 2105.49, Fugitive Emissions, replaces section 528 of
Article XX.
(6) Part F (sections 2106 et seq.), Air Pollution Episodes,
reserved.
(7) Part G (sections 2107 et seq.), Methods, reserved in part:
(i) Section 2107.1, General.
(ii) Section 2107.2, Particulate Matter.
(8) Part H (sections 2108 et seq.), Compliance, reserved.
(9) Part I (sections 2109 et seq.), Enforcement, reserved.
(ii) Additional material.
(A) Remainder of the January 6, 1994 State submittal.
[FR Doc. 96-14786 Filed 6-11-96; 8:45 am]
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