[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2939-2941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1588]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[Region II Docket No.147; NJ24-1-7249a, FRL-5404-8]


Air Quality Designations: Deletion of TSP Designations From New 
Jersey, New York, Puerto Rico and Virgin Islands

AGENCY: Environmental Protection Agency (EPA).


[[Page 2940]]

ACTION: Direct final rule.

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SUMMARY: EPA is removing all total suspended particulate (TSP) area 
designations in New Jersey, New York, Puerto Rico and the Virgin 
Islands because they are no longer relevant. EPA promulgated revised 
prevention of significant deterioration (PSD) increments for 
particulate matter so that the PSD increments are now measured in terms 
of particulate matter with an aerodynamic diameter less than 10 microns 
(PM10) instead of TSP. Section 107(d)(4)(B) of the Clean Air Act 
(Act) authorizes EPA to eliminate all area TSP designations once the 
PSD increments for PM10 are promulgated.

DATES: This rule is effective on April 1, 1996 unless adverse or 
critical comments are received by February 29, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: All comments should be addressed to: William S. Baker, 
Chief, Air Programs Branch, Environmental Protection Agency, Region II 
Office, 290 Broadway, New York, New York 10007-1866.
    Copies of the documents relevant to this action are available for 
inspection during normal business hours at the following address: 
Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 20th Floor, New York, New York 10007-1866.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 20th Floor, New York, 
New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

    In 1971, EPA promulgated primary and secondary National Ambient Air 
Quality Standards (NAAQS) for particulate matter to be measured as TSP. 
Based upon better health effects information, on July 1, 1987 (52 FR 
242634), EPA replaced the TSP NAAQS for particulate matter with a 
PM10 standard. On the same date, EPA promulgated final regulations 
under 40 CFR part 51 for state implementation of the revised NAAQS (52 
FR 24672). In the preamble to that action, EPA announced that, because 
of the importance of the section 107 area designations to the 
applicability of the PSD increments for TSP, it would retain the TSP 
designations beyond the date on which EPA approves a state's revised 
PM10 State Implementation Plan (SIP). This would protect the 
applicability of the PSD increments for TSP until a PSD increment for 
PM10 could be established.
    The 1990 Amendments to the Act contained several pertinent 
provisions relating to or affecting the TSP area designations. Under 
section 107(d)(4)(B) of the amended Act, Congress established by 
operation of law the first nonattainment area designations for 
PM10, and mandated that areas not initially defined as 
nonattainment are considered to be unclassifiable.
    Moreover, section 107(d)(4)(B) provided that any designation for 
particulate matter (measured in terms of TSP) that the Administrator 
promulgated prior to the date of enactment of the 1990 Amendments shall 
remain in effect for purposes of implementing the maximum allowable 
concentrations of particulate matter (measured in terms of TSP) PSD 
increments until the Administrator determines that such designation is 
no longer necessary for that purpose.
    On June 3, 1993 (58 FR 31622), under the authority of section 
166(f) of the Act, EPA published the final rulemaking replacing the PSD 
increments for TSP with equivalent PSD increments for PM10, which 
became effective on June 3, 1994. As announced in the June 3, 1993 
Federal Register notice, EPA intends to eliminate the TSP area 
designations from states and territories where the Federal PSD program 
is in effect. EPA has the legal responsibility for implementing the PSD 
program in New Jersey, New York, Puerto Rico, and the Virgin Islands 
pursuant to 40 CFR 52.1603, 52.1689, 52.2729, 52.2779, respectively. 
However, EPA has delegated the day-to-day PSD program administration to 
the states of New Jersey and New York. The delegation agreement 
provides for automatic adoption of the PSD increments for PM10 
once the increments became effective.

Conclusion

    In accordance with the information provided above, the states 
affected by today's rule do not have PSD regulations which have been 
approved by the EPA under the applicable implementation plan. Instead, 
the PSD regulations contained in 40 CFR 52.21 (the Federal PSD program) 
govern the review and approval of permits to construct and operate 
major stationary sources in these areas. Pursuant to section 166(b) of 
the Act, the new PSD increments for PM10 became effective on June 
3, 1994--one year after promulgation. Accordingly, EPA is today 
deleting from the list of area designations in 40 CFR part 81, all of 
the designations for TSP in New Jersey, New York, Puerto Rico, and the 
Virgin Islands. Area designations which indicate the attainment status 
of each affected area with respect to the PM10 NAAQS already exist 
(56 FR 56694, November 1991), and the TSP area designations are no 
longer needed.
    Nothing in this rule should be construed as permitting or allowing 
or establishing a precedent for any future request for revision to any 
applicable implementation plan. Each request for revision to any SIP 
shall be considered separately in light of specific technical, 
economic, and environmental factors and in relation to relevant 
statutory and regulatory requirements.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. Thus, this direct final action 
will be effective April 1, 1996 unless, by February 29, 1996, adverse 
or critical comments are received.
    If the EPA receives such comments, this rule will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw 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. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this rule should 
do so at this time. If no adverse comments are received, the public is 
advised that this rule will be effective April 1, 1996. (See 47 FR 
27073 and 59 FR 24059).
    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. The deletion of TSP tables in part 81 does not create any new 
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 rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the 

[[Page 2941]]
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 deletion of no longer applicable TSP 
tables 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.
    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.
    Under section 307(b)(l) of the Act, petitions for judicial review 
of this rule must be filed in the United States Court of Appeals for 
the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to 
enforce its requirements. (See 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Particulate 
matter.

    Dated: December 18, 1995.
Jeanne M. Fox,
Regional Administrator.

    Part 81, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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


Sec. 81.331  New Jersey

    2. In Sec. 81.331 the table entitled ``New Jersey--TSP'' is 
removed.


Sec. 81.333  New York

    3. In Sec. 81.333 the table entitled ``New York--TSP'' is removed.


Sec. 81.355  Puerto Rico

    4. In Sec. 81.355 the table entitled ``Puerto Rico--TSP'' is 
removed.


Sec. 81.356  Virgin Islands

    5. In Sec. 81.356 the table entitled ``Virgin Islands--TSP'' is 
removed.

[FR Doc. 96-1588 Filed 1-29-96; 8:45 am]
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