[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Proposed Rules]
[Pages 5360-5362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2973]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA084-4018; FRL-5419-3]


Pennsylvania; Approval and Promulgation of Air Quality 
Implementation Plans; Revocation of Determination of Attainment of 
Ozone Standard by the Pittsburgh-Beaver Valley Ozone Nonattainment Area 
and Reinstatement of Applicability of Certain Reasonable Further 
Progress and Attainment Demonstration Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 5361]]


SUMMARY: EPA is providing notification of its determination that the 
Pittsburgh-Beaver Valley ozone nonattainment area is no longer 
attaining the National Ambient Air Quality Standard (NAAQS) for ozone, 
based on monitored violations of the standard during the 1995 ozone 
season. EPA is also reinstating the applicability of certain reasonable 
further progress (RFP) and attainment demonstration requirements, along 
with certain other related requirements, of Part D of Title I of the 
Clean Air Act (CAA) for the Pittsburgh-Beaver Valley nonattainment area 
because the area is no longer in attainment for ozone.

DATES: Comments must be received on or before March 13, 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.

FOR FURTHER INFORMATION CONTACT: Kathleen Henry, (215) 597-0545, 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:

I. Background

    In a memorandum dated May 10, 1995, from John 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 stated 
that 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 certain SIP 
submissions if an ozone nonattainment area subject to those 
requirements is monitoring attainment of the ozone standard.
     On the basis of this memo, EPA determined, in a direct final rule 
(DFR) published on May 26, 1995 (60 FR 27893), that the Pittsburgh-
Beaver Valley and Reading ozone nonattainment areas had attained the 
standard and that the requirements of section 182(b)(1) concerning the 
submission of a 15% RFP plan and ozone attainment demonstration and the 
requirements of section 172(c)(9) concerning contingency measures no 
longer applied, so long as these areas did not violate the ozone 
standard. In addition, EPA determined that the sanctions clocks started 
on January 18, 1994, for these areas for failure to submit the RFP 
requirements were stopped since the deficiencies for which they were 
commenced no longer applied.
     At the same time that EPA published the DFR, a separate notice of 
proposed rulemaking (NPR) was published in the Federal Register (60 FR 
27945) in the event that adverse comments were filed which would 
require EPA to withdraw the DFR. EPA received adverse comments within 
30 days of publication of the proposed rule and withdrew the DFR on 
June 13, 1995 (60 FR 31081).
     On July 19, 1995, EPA published a final determination (60 FR 
37015) that the Pittsburgh-Beaver Valley and Reading ozone 
nonattainment areas had attained the ozone standard and that the SIP 
requirements for reasonable further progress and attainment 
demonstrations no longer applied so long as these areas did not violate 
the ozone standard. The notice also stated that the sanctions clocks 
started on January 18, 1994, for these areas for failure to submit the 
RFP requirements were stopped. (The effective date of the final 
determination occurred one day after the sanction clocks expired and 
these areas were, in fact, under the offset sanction at the time of 
EPA's final determination. However, the sanctions were lifted as a 
result of EPA's final determination for the same reason that the final 
determination would have stopped the sanctions clocks).
    The specific rationale and air quality analysis EPA used to 
determine that the Pittsburgh-Beaver Valley and Reading ozone 
nonattainment areas had attained the NAAQS for ozone and were not 
required to submit SIP revisions for RFP, attainment demonstration and 
related requirements were explained in the May 26, 1995, DFR and will 
not be restated here. Regarding the consequences of subsequent 
violations, however, that DFR stated that if either of these areas 
violated the standard, the basis for the determination that the area 
need not make the pertinent SIP revisions would no longer exist. 
Furthermore, such a determination of nonattainment would mean that the 
area would have to address the pertinent SIP requirements within a 
reasonable amount of time. In fact, the DFR stated that a determination 
that an area need not submit these SIP requirements is, in effect, a 
suspension of these requirements for so long as the area continues to 
attain the standard. For both the Pittsburgh-Beaver Valley and Reading 
nonattainment areas, a final determination that a violation occurred 
would cause sanctions to be reinstated one day into the 2:1 offset 
sanction period.

II. 1995 Violation of the NAAQS for Ozone in the Pittsburgh-Beaver 
Valley Area

    EPA has reviewed the 1995 ambient air quality data (consistent with 
the requirements contained in 40 CFR part 58 and recorded in AIRS) for 
the Pittsburgh-Beaver Valley ozone nonattainment area, and determined 
that the area is no longer in attainment. During the 1995 ozone season 
two monitors in the Pittsburgh area recorded violations of the ozone 
NAAQS. In addition, ambient air quality monitors in the Pittsburgh-
Beaver Valley area recorded 17 exceedances of the ozone standard. The 
current design value for the Pittsburgh-Beaver Valley nonattainment 
area, computed using the ozone monitoring data for 1993 through 1995, 
is 133 parts per billion (ppb). The average annual number of expected 
exceedances is 8.2 for that same time period. An area is considered in 
nonattainment when the average annual number of expected exceedances is 
greater than 1.0. A more detailed summary of the ozone monitoring data 
for the area is provided in the Technical Support Document for this 
notice.

PROPOSED ACTION: Due to the monitored violations of the ozone standard, 
EPA has determined that the air quality in the Pittsburgh-Beaver Valley 
moderate ozone nonattainment area is no longer attaining the ozone 
standard. As a consequence, EPA is proposing to reinstate the 
requirements of section 182(b)(1) concerning the submission of the 15% 
RFP plan and ozone attainment demonstration and the requirements of 
section 172(c)(9) concerning contingency measures. In order to provide 
a reasonable time for the State to develop and submit these SIP 
elements, EPA is proposing August 15, 1996, as the effective date for 
revoking the determination of attainment, reinstating these SIP 
requirements, and reinstating sanctions and the sanctions period in 
effect as of July 19, 1995. Thus, the offset sanction would go back 
into effect on that day and the highway sanction clock would be 
reinstated where it was stopped on July 19, 1995 (i.e., with 
approximately 6 months remaining). Sanctions will not be 

[[Page 5362]]
imposed if the Commonwealth submits a 15% plan, attainment 
demonstration and related contingency measures for the Pittsburgh-
Beaver Valley nonattainment area that EPA finds complete prior to 
August 15, 1996, since the deficiency for which sanctions were imposed 
will no longer exist. If the Commonwealth fails to make these 
submittals before the proposed effective date, sanctions will be 
imposed until EPA receives the submittals and deems them complete.
    EPA believes that, under the circumstances presented here, setting 
an effective date of August 15, 1996, would provide the Commonwealth a 
reasonable amount of time to submit a 15% RFP plan, ozone attainment 
demonstration and contingency measures.
    EPA's belief is based on the fact that by August 15, 1996, more 
than a year will have passed since the occurrence of violations that 
resulted in reinstatement of these requirements. EPA's May 26, 1995, 
DFR and July 19, 1995, final determination put the Commonwealth on 
notice that these requirements would be reinstated if a violation 
occurred. Since the Commonwealth has been aware of the violations and 
their consequences since last summer, EPA believes that August 15, 
1996, constitutes sufficient time for the Commonwealth to prepare to 
meet the reactivated requirements.
    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.
    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 
reinstates previously applicable requirements that had been suspended. 
Therefore, because this document does not impose any new requirements, 
I certify that it does not have a significant impact on any small 
entities affected.
    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 proposed action 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 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 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 Administrator's decision to determine that the Pittsburgh-
Beaver Valley ozone nonattainment area is no longer attaining the NAAQS 
for ozone will be based on whether it meets 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, Ozone, Reporting and recordkeeping 
requirements.

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

    Dated: January 30, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 96-2973 Filed 2-9-96; 8:45 am]
BILLING CODE 6560-50-P