[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Proposed Rules]
[Pages 4598-4600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2717]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA034-4014, PA035-4015; FRL-5418-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation Request and Maintenance Plan for the 
Pittsburgh Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to disapprove a redesignation request for the 
Pittsburgh ozone nonattainment area and a State Implementation Plan 
(SIP) revision submitted by the Commonwealth of Pennsylvania. This 
revision consists of a maintenance plan for the Pittsburgh ozone 
nonattainment area. The intended effect of this action is to propose 
disapproval of the redesignation request and its associated maintenance 
plan because the area violated the National Ambient Air Quality 
Standard for ozone (the ozone NAAQS) and is not eligible for 
redesignation. This action is being taken under sections 107 and 110 of 
the Clean Air Act.

DATES: Comments must be received on or before March 8, 1996.

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 
the Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 597-9337, at the 
EPA Region III office, or via e-mail at [email protected]. 
While information may be requested via e-mail, comments must be 
submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On November 12, 1993, the Commonwealth of 
Pennsylvania formally submitted a redesignation request for the 
Pittsburgh ozone nonattainment area. At the same time, the Commonwealth 
submitted a maintenance plan for the Pittsburgh area as a SIP revision. 
The maintenance plan 

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was subsequently amended on January 13, 1994 and, again, on May 12, 
1995. During the 1995 ozone season, the Pittsburgh area violated the 
ozone NAAQS, making the area ineligible for redesignation. Therefore, 
EPA is proposing to disapprove the redesignation request and its 
associated maintenance plan.

Background

    Under section 107(d)(3)(E) of the Clean Air Act (the Act), the 
following five criteria must be met for an ozone nonattainment area to 
be redesignated to attainment:
    1. The area must meet the ozone NAAQS.
    2. The area must meet applicable requirements of section 110 and 
Part D.
    3. The area must have a fully approved SIP under section 110(k) of 
the Act.
    4. The area must show that its experienced improvement in air 
equality is due to permanent and enforceable measures.
    5. The area must have a fully approved maintenance plan under 
section 175A of the Act, including contingency measure.
    The NAAQS for ozone is structured in terms of expected exceedances. 
An exceedance is said to occur when a monitoring site records a 
measurement above the ozone standard, 0.12 parts per million (ppm). In 
order for a monitoring site to meet the NAAQS, the average expected 
number of exceedances at the site must be less than or equal to one per 
year in a three-year period (i.e. three or less expected exceedances in 
a three-year period). An area is considered to be meeting the NAAQS if 
all locations in that area meet the NAAQS. If one monitor in an area 
does not meet the NAAQS, the entire area is designated nonattainment.
    The Pittsburgh-Beaver Valley area (Pittsburgh area), which includes 
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties, is designated nonattainment for ozone and is 
classified as moderate (56 FR 56694). Monitored air quality data 
recorded in the Pittsburgh area met the ozone NAAQS from 1990-1992 and 
continued to meet the NAAQS through 1994. The Commonwealth of 
Pennsylvania submitted an ozone maintenance SIP and redesignation 
request on November 12, 1993, and subsequently amended the maintenance 
plan on January 13, 1994 and May 12, 1995.

EPA Evaluation

    During the 1995 ozone season, ambient air quality monitors in the 
Pittsburgh area recorded 17 exceedances of the ozone standard. Two 
monitors in the Pittsburgh area recorded violations of the ozone NAAQS 
(i.e. four or more exceedances of the ozone standard). One monitor 
recorded seven exceedances. Another monitor recorded four. The air 
quality data has been quality assured in accordance with established 
procedures. Thus, the Pittsburgh area no longer meets the first 
criteria for redesignation, its air quality monitoring data does not 
meet the ozone NAAQS. Therefore, the area is not eligible for 
redesignation.
    The maintenance plan SIP revision's demonstration of maintenance of 
the ozone NAAQS is based on a level of ozone precursor emissions 
thought to be able to provide maintenance of the NAAQS. The violations 
of the ozone NAAQS that occurred in 1995 show that the underlying basis 
for the plan's maintenance demonstration is no longer valid. Therefore, 
the maintenance plan is not approvable.
    A more detailed evaluation of Pennsylvania's redesignation request 
and maintenance plan for the Pittsburgh area can be found in the 
Technical Support Document (TSD) prepared by EPA for this rulemaking 
action. The TSD and other materials related to this action are 
available for public inspection at the EPA Regional office listed in 
the ADDRESSES section of this document.
    EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

Proposed Action

    Because the Pittsburgh area is not eligible for redesignation, EPA 
is proposing to disapprove Pennsylvania's request for redesignation of 
the Pittsburgh area and the accompanying maintenance plan, which was 
originally submitted on November 12, 1993, and amended on January 13, 
1994 and May 12, 1995.
    Upon final disapproval of the maintenance plan, the Pittsburgh area 
will no longer be able to demonstrate conformity to the submitted 
maintenance plan pursuant to the transportation conformity requirements 
in 40 CFR Part 51, Sec. 51.448(i). Since the submitted maintenance plan 
budget will no longer apply for transportation conformity purposes, the 
build/no-build and less-than-90 tests will apply.
    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.
    EPA's denial of the state's redesignation request under section 
107(d)(3)(E) of the Act does not affect any existing requirements 
applicable to small entities nor does it impose new requirements. The 
area retains its current designation status and will continue to be 
subject to the same statutory requirements. To the extent that the area 
must adopt regulations, based on its nonattainment status, EPA will 
review the effect of those actions on small entities at the time the 
State submits those regulations. Therefore, I certify that the 
disapproval of the redesignation request will not affect a substantial 
number of small entities.
    This action has 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.
    The Regional Administrator's decision to approve or disapprove 
Pennsylvania's redesignation request for the Pittsburgh ozone 
nonattainment area and the associated maintenance plan will be based on 
whether they meet the requirements of section 110(a)(2) (A)-(K) and 
part D of the Clean Air Act, as amended, and EPA regulations in 40 CFR 
Part 51.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Ozone.


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

    Dated: January 22, 1996.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 96-2717 Filed 2-6-96; 8:45 am]
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