[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Proposed Rules]
[Pages 48439-48442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23205]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[AD-FRL-5297-9]


Clean Air Act Reclassification; Pennsylvania--Liberty Borough 
Nonattainment Area; PM-10

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to find that the Liberty Borough, 
Pennsylvania nonattainment area has not attained national ambient air 
quality standards (NAAQS) for particulate matter of nominal aerodynamic 
diameter smaller than 10 micrometers (PM-10) by the Clean Air Act (the 
Act) mandated attainment date for moderate nonattainment areas. The Act 
established an attainment date of no later than December 31, 1994 for 
areas classified as moderate nonattainment areas. This proposed finding 
is based on monitored air quality data for the PM-10 NAAQS during the 
years 1992-94. EPA is soliciting public comment on all relevant matters 
associated with this proposed action, including comment as to whether 
there are any mitigating facts or extenuating circumstances that it 
should consider in its review of the monitoring data used to propose to 
find that the area has not achieved the 

[[Page 48440]]
NAAQS. All comments and information submitted, in writing, at the 
address and within the time frame specified below will be fully 
considered by EPA in determining its final action.

DATES: Comments must be received on or before October 19, 1995.

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 
at 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, U.S. EPA Region III, 
(215) 597-2746.

SUPPLEMENTARY INFORMATION:

I. Background

A. Health and Welfare Effects of Particulate Matter

    Based on studies of human populations exposed to high 
concentrations of particles (at times in the presence of SO2) and 
laboratory studies of animals and humans, there are major human health 
concerns associated with particulate matter. These include deleterious 
effects on breathing and respiratory systems, aggravation of existing 
respiratory and cardiovascular disease, alterations in the body's 
immune systems against foreign materials, damage to lung tissue, 
carcinogenesis, and premature death. The major subgroups of the 
population that appear to be most sensitive to the effects of 
particulate matter include individuals with chronic obstructive 
pulmonary or cardiovascular disease, those with influenza, asthmatics, 
the elderly, and children. Particulate matter also soils and damages 
materials, and fine particles are a major cause of visibility 
impairment in the United States.\1\

    \1\Air Quality Criteria for Particulate Matter (External Review 
Draft), EPA-600/AP-95/001a-c, April 1995 (NTIS #: PB95-22-1727, -
1735, -1743).
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B. Clean Air Act Requirements Concerning Designation and Classification

    On November 15, 1990, the date of enactment of the 1990 Clean Air 
Act Amendments, PM-10 areas meeting the criteria of section 
107(d)(4)(B) of the Act were designated nonattainment by operation of 
law. Once an area is designated nonattainment, section 188 of the Act 
outlines the process for classification of the area and establishes the 
area's attainment date. Pursuant to section 188(a), all PM-10 
nonattainment areas were initially classified as moderate by operation 
of law upon designation as nonattainment. These nonattainment 
designations and moderate area classifications were codified in 40 CFR 
Part 81 on November 6, 1991 (56 FR 56694).

C. Clean Air Act's Requirements for Moderate PM-10 Nonattainment Areas

    States containing areas which were designated as moderate 
nonattainment by operation of law under section 107(d)(4)(B) were to 
develop and submit State Implementation Plans (SIPs) to provide for the 
attainment of the PM-10 NAAQS. Those SIPs were to include the adoption 
and implementation of PM-10 reduction requirements which constitute 
reasonably available control measures, (RACM), including reasonably 
available control technology (RACT). Pursuant to section 189(a)(2) of 
the Act, those SIP revisions were to be submitted to EPA by November 
15, 1991. The Commonwealth of Pennsylvania submitted this SIP revision 
(developed and adopted by the Allegheny County Health Department) on 
January 11, 1994. On April 11, 1995 (60 FR 18385), in a rulemaking 
separate from today's action, EPA proposed approval of the 
Commonwealth's SIP revision for the Liberty Borough moderate PM-10 
nonattainment area. EPA received numerous comments on its proposed 
action, some in support and some in opposition, and has yet to take 
final action on that SIP revision.

D. Reclassification to Serious Nonattainment

    EPA has the responsibility, pursuant to sections 179(c) and 
188(b)(2) of the Act, of determining within 6 months of the applicable 
attainment date, whether PM-10 nonattainment areas have attained the 
NAAQS. Section 179(c)(1) of the Act provides that these determinations 
are to be based upon an area's ``air quality as of the attainment 
date'', and section 188(b)(2) is consistent with this requirement. EPA 
makes the determination of whether an area's air quality is meeting the 
PM-10 NAAQS based upon air quality data gathered at monitoring sites in 
the nonattainment area and entered into the Aerometric Information 
Retrieval System (AIRS). These data are reviewed to determine the 
area's air quality status in accordance with 40 CFR Part 50, Appendix 
K.
    Pursuant to Appendix K, attainment of the annual PM-10 standard is 
achieved when the expected annual arithmetic mean PM-10 concentration 
is equal to or less than 50 micrograms per cubic meter (g/
m\3\). Attainment of the 24-hour standard is determined by calculating 
the expected number of exceedances of the 150 g/m\3\ limit per 
year. The 24-hour standard is attained when the expected number of 
exceedances is 1.0 or less. A total of 3 consecutive years of non-
violating air quality data is generally necessary to show attainment of 
the 24-hour and annual standards for PM-10. A complete year of air 
quality data, as defined in 40 CFR Part 50, Appendix K, is comprised of 
all 4 calendar quarters with each quarter containing data from at least 
75 percent of the scheduled sampling days.2

    \2\ EPA is currently under court order to review the NAAQS for 
particulate matter (American Lung Association v. Browner, No. 93-643 
D. Ariz., October 6, 1994).
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    Under section 188(b)(2)(A), a moderate PM-10 nonattainment area is 
reclassified as serious by operation of law if the Administrator finds 
that the area has failed to attain the NAAQS by the statutory 
attainment date. Pursuant to section 188(b)(2)(B) of the Act, EPA must 
publish a notice in the Federal Register identifying those areas that 
failed to attain the standard and the resulting reclassifications. EPA 
is fulfilling its responsibility for this requirement via the federal 
rulemaking process initiated by today's action.

E. Clean Air Act's Requirements for Serious PM-10 Nonattainment Areas

    PM-10 nonattainment areas reclassified as serious under section 
188(b)(2) of the Act are required to submit, within 18 months of the 
area's reclassification, SIP revisions providing for, among other 
things, the adoption and implementation of best available control 
measures (BACM), including best available control technology (BACT), 
for PM-10 and PM-10 precursors no later than four years from the date 
of reclassification. The SIP also must contain a demonstration that its 
implementation will provide for attainment of the PM-10 NAAQS no later 
than December 31, 2001. EPA has provided specific guidance on 
developing serious area PM-10 SIP revisions in an addendum to the 
General Preamble to Title I of the Clean Air Act. See 59 FR 41998 
(August 16, 1994). These requirements are in 

[[Page 48441]]
addition to the moderate PM-10 nonattainment area requirements for 
RACT/RACM.

II. Rationale for EPA's Proposed Action

    By today's action, EPA is proposing to find that the Liberty 
Borough area did not attain the PM-10 NAAQS by the required attainment 
date of December 31, 1994. As discussed below, this proposed finding is 
based upon air quality data which revealed violations of the PM-10 
NAAQS during 1992-1994. If EPA takes final action on this proposed 
finding, the Liberty Borough nonattainment area (comprised of the City 
of Clairton and the Boroughs of Liberty, Lincoln, Glassport, and Port 
Vue) located in Allegheny County, Pennsylvania) will be reclassified by 
operation of law as a serious nonattainment area for PM-10 under 
section 188(b)(2)(A) of the Act.

A. Ambient Air Monitoring Data

    Table 1 lists each of the monitoring sites in the Liberty Borough 
area where the 24-hour PM-10 NAAQS has been exceeded during 1992-1994 
and the concentration, in micrograms per cubic meter, on the day of the 
exceedance.

                                 Table 1                                
------------------------------------------------------------------------
                                   Lincoln       Lincoln       Liberty  
                                (high-volume   (continuous  (high-volume
         Year and date            sampler)      sampler)      sampler)  
                                (g/  (g/  (g/
                                    m\3\)         m\3\)         m\3\)   
------------------------------------------------------------------------
1992:                                                                   
    1/28......................  ............  ............         175  
    12/15.....................         186    ............  ............
1993:                                                                   
    5/10......................         167    ............  ............
    11/23.....................         223           195    ............
1994:                                                                   
    2/19......................         163    ............  ............
    3/7.......................         157    ............  ............
------------------------------------------------------------------------

    The monitors in the nonattainment area that recorded exceedances of 
the PM-10 NAAQS have operated on varying sampling schedules with 
varying data capture rates. EPA requires the adjustment of observed 
exceedances to account for incomplete data pursuant to 40 CFR Part 50 
Appendix K. In the case of the Lincoln high-volume sampler, five 
exceedances of the 24-hour NAAQS were observed from 1992 through 
1994.3 Before adjusting for incomplete sampling, the number of 
exceedances per year for the three year period would be 1.7. After 
adjusting for incomplete sampling, the number of expected exceedances 
of the NAAQS at this site during the three year period was 2.2.

    \3\The Lincoln high volume sampler began operation in the Fall 
of 1992.
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    According to 40 CFR Part 50, the 24-hour NAAQS is attained when the 
expected number of days per calendar year with a 24-hour average 
concentration above 150 g/m3 is equal to or less than one. In 
the simplest case, the number of expected exceedances at a site is 
determined by recording the number of exceedances in each calendar 
year, accounting for incomplete data, and then averaging them over the 
past three calendar years. Therefore from 1992-1994, the number of 
expected exceedances at the Lincoln high-volume sampler is 2.2. This 
estimation of expected exceedances indicates that the Lincoln site had 
not attained the 24-hour PM-10 NAAQS during 1992-1994.
    Only one exceedance of the annual NAAQS has been recorded in the 
Liberty Borough area from 1992-1994. (The Lincoln high-volume sampler 
recorded a weighted-average concentration of 52.5 g/m\3\ in 
1994.) No station in the Liberty Borough area recorded an annual 
average concentration, averaged (as prescribed in Appendix K) from 
1992-1994, which exceeded the annual NAAQS.

III. Proposed Action

    By today's action, EPA is proposing to find that the Liberty 
Borough area did not attain the PM-10 NAAQS by December 31, 1994. As 
discussed above, this proposed finding is based upon air quality data 
which revealed violations of the PM-10 NAAQS during 1992-1994. If EPA 
takes final action on this proposed finding, the Liberty Borough 
nonattainment area will be reclassified by operation of law as a 
serious nonattainment area for PM-10 under section 188(b)(2)(A) of the 
Act.

IV. Request for Public Comment

    EPA is requesting comment on all aspects of today's proposal, 
including, but not limited to: The PM-10 control requirements adopted 
to date by the County and the timing and status of their 
implementation, the compliance status and history of the sources 
subject to the PM-10 control requirements, the efforts made to date to 
meet the requirements, air quality data and trends as they relate to 
implementation of the control requirements, and weather system 
occurrances (meteorology). EPA is also soliciting comment as to whether 
there are any mitigating facts or extenuating circumstances that it 
should consider in its review of the monitoring data used to propose to 
find that the area has not achieved the NAAQS, including any relevant 
comparison of the data collected from the ambient monitors. EPA is 
soliciting comment as to the relevancy of such information in 
determining whether the area has achieved the NAAQS.
    As indicated earlier in this notice, EPA will consider any comments 
received, in writing, by October 19, 1995.

V. Executive Order (E.O.) 12866

    Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to 
determine whether regulatory actions are significant and therefore 
should be subject to OMB review, economic analysis, and the 
requirements of the Executive Order. The Executive Order defines a 
``significant regulatory action'' as one that is likely to result in a 
rule that may meet at least one of the four criteria identified in 
section 3(f), including, under paragraph (1), that the rule may ``have 
an annual effect on the economy of $100 million or more or adversely 
affect, in a material way, the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities.''
    The Agency has determined that the finding of failure to attain 
proposed today would result in none of the effects identified in 
section 3(f). Under section 188(b)(2) of the Act, findings of failure 
to attain and reclassification of nonattainment areas are based upon 
air quality considerations and must occur by operation of law in light 
of certain air quality conditions. They do not, in-and-of-themselves, 
impose any new requirements on any sectors of the economy. In addition, 
because the statutory requirements are clearly defined with respect to 
the differently classified areas, and because those requirements are 
automatically triggered by classifications that, in turn, are triggered 
by air quality values, findings of failure to attain and 
reclassification cannot be said to impose a materially adverse impact 
on State, local, or tribal governments or communities.

VI. Regulatory Flexibility

    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. 

[[Page 48442]]

    As discussed in section V of this notice, findings of failure to 
attain and reclassification of nonattainment areas under section 
188(b)(2) of the Act do not in-and-of-themselves create any new 
requirements. Therefore, I certify that today's proposed action does 
not have a significant impact on small entities.

VII. Unfunded Mandates

    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 assess whether various actions undertaken in association with 
proposed or final regulations 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 believes, as discussed earlier in section V of this notice, 
that the proposed finding of failure to attain and reclassification of 
the Liberty Borough nonattainment area are factual determinations based 
upon air quality considerations and must occur by operation of law and, 
hence, do not impose any federal intergovernmental mandate, as defined 
in section 101 of the Unfunded Mandates Act.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: September 11, 1995.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 95-23205 Filed 9-18-95; 8:45 am]
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