[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14495-14497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8003]



-----------------------------------------------------------------------

[[Page 14496]]



ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[TX-59-1-7268; FRL-5451-1]


Designation of Areas for Air Quality Planning Purposes; State of 
Texas; Correction of the Design Value and Classification for the 
Beaumont/Port Arthur Ozone Nonattainment Area

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This document announces the Administrator's decision to 
correct the design value and classification of the Beaumont/Port Arthur 
ozone nonattainment area. The Beaumont/Port Arthur area (the area) was 
classified as a serious ozone nonattainment area by EPA on November 6, 
1991. However, EPA has determined that the ozone design value of 0.160 
parts per million (ppm) published by EPA and used in classifying the 
area as a serious ozone nonattainment area was incorrect. The correct 
monitored ozone design value was 0.158 ppm. This design value falls 
within the range of values considered as moderate nonattainment for 
ozone under the Clean Air Act Amendments of 1990 (CAAA). Pursuant to 
section 110(k)(6) of the CAAA, which allows EPA to correct its actions, 
EPA is today publishing the correct design value of 0.158 ppm and is 
granting the State's request to correct the classification of the area 
from serious to moderate.

EFFECTIVE DATE: This action will become effective on June 3, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Air Planning Section 
(6PD-L), U.S. Environmental Protection Agency, Region VI, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7219.

SUPPLEMENTARY INFORMATION:

Background

    Prior to the CAAA, EPA identified and designated nonattainment 
areas with respect to the National Ambient Air Quality Standards 
(NAAQS). For such areas, States submitted State Implementation Plans 
(SIPs) to control emissions and achieve attainment of the NAAQS. The 
Beaumont/Port Arthur area, initially comprised of Jefferson and Orange 
Counties, was originally designated as nonattainment for ozone on March 
3, 1978 (43 FR 8962). Hardin County is part of the area's Metropolitan 
Statistical Area, and as such was included in the Beaumont/Port Arthur 
area with Jefferson and Orange Counties on November 6, 1991 (56 FR 
56694). The SIP for the area was first adopted in the early 1970's.
    Under the CAAA, the area retained its designation of nonattainment 
and was classified as serious by operation of law pursuant to sections 
107(d) and 181(a) upon the date of enactment of the CAAA. See 56 FR 
56694 (November 6, 1991). This classification was required to be based 
on the design value for the area. The monitored design value was 
rounded to two decimal places by the State and reported to EPA as 0.16 
ppm. Section 179B defines the ranges of design values associated with 
each classification. Moderate areas were defined by design values from 
0.138 ppm to 0.160 ppm. Serious areas were defined by design value 
ranges from 0.160 ppm to 0.180 ppm.
    Since the reported design value for the area made it difficult to 
determine the classification, the design value of a special purpose 
monitor was used to assist EPA in determining whether the area should 
be classified as moderate or serious. This special purpose monitor had 
a design value of 0.180 ppm, which lead EPA to believe that the serious 
classification was more appropriate. The EPA published the design value 
as 0.160 ppm in its November 6, 1991 Federal Register document, and 
classified the area as serious. The Texas Natural Resource Conservation 
Commission recently discovered a data file which allowed the State to 
recalculate the actual design value of the 4th highest hourly peak 
ozone concentration at the State-run monitoring site in Beaumont to 
three decimal places. The actual design value for the May 28, 1989 
exceedance has been calculated at 0.158 ppm.

Correction of Error Under Section 110(k)(6)

    Section 110(k)(6) of the Act provides whenever the Administrator 
determines that the Administrator's action approving, disapproving, or 
promulgating any plan or plan revision (or part thereof), area 
designation, redesignation, classification, or reclassification was in 
error, the Administrator may in the same manner as the approval, 
disapproval, or promulgation revise such action as appropriate without 
requiring any further submission from the State. Such determination and 
the basis thereof shall be provided to the State and public. The EPA 
interprets this provision to authorize the Agency to make corrections 
to a promulgation when it is shown to EPA's satisfaction that an error 
occurred in failing to consider or inappropriately considering 
information available to EPA at the time of the promulgation, or the 
information made available at the time of promulgation is subsequently 
demonstrated to have been clearly inadequate.
    The EPA's initial action classifying the Beaumont/Port Arthur area 
was based on an ozone design value obtained from the State monitoring 
network of 0.16 ppm, along with consideration of some data from a 
special purpose monitor. The design value submitted to EPA by the State 
at the time the classification was promulgated has subsequently been 
proven to be inadequate. A corrected design value of 0.158 ppm obtained 
from the State monitoring network during the initial classification 
timeframe has recently been submitted to EPA by the State and deemed 
accurate.
    Further, the EPA has since determined that data from the special 
purpose monitor (SPM) should not have been used for classification 
purposes since 1) the SPM is not part of the State monitoring network, 
2) the data from this monitor are for research purposes, 3) these data 
are not reported to EPA's Aerometric Information Retrieval System, and 
4) the SPM data used to assist in making the original design value 
determination were collected in 1990, outside of the 1987-1989 
timeframe generally associated with classification determinations.

Final Action

    In the Federal Register of November 6, 1991 (56 FR 56694), EPA 
issued a final rule promulgating the designations, boundaries, and 
classifications of ozone nonattainment areas (and for nonattainment 
areas for other pollutants not addressed in this action). Accordingly, 
in today's action, EPA is correcting this error by publishing the 
correct design value of 0.158 ppm for the Beaumont/Port Arthur area, 
and correcting the classification of the area from serious to moderate 
for ozone in accordance with section 110(k)(6). In accordance with CAAA 
sections 107(d)(2)(B), and 110(k)(6), this document is a final 
publication of the ozone design value for the Beaumont/Port Arthur area 
and the classification of the area to a moderate ozone nonattainment 
area, and is not subject to the notice and comment provisions of 
sections 553 through 557 of Title 5. Designation of Areas for Air 
Quality Planning Purposes; State of Texas; Correction of the Design 
Value and Classification for the Beaumont/Port Arthur Ozone 
Nonattainment Area (Page 6 of 7).

[[Page 14497]]


List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: March 26, 1996.
Carol M. Browner,
Administrator.
    40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7871q.

    2. In Sec. 81.344, the ozone table is amended by revising the entry 
for the Beaumont/Port Arthur Area to read as follows:


Sec. 81.344  Texas.

* * * * *

                                                  Texas--Ozone                                                  
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification           
          Designated area          -----------------------------------------------------------------------------
                                        Date \1\             Type              Date \1\             Type        
----------------------------------------------------------------------------------------------------------------
Beaumont/Port Arthur Area:                                                                                      
Hardin County.....................  ...............  Nonattainment.......  ...............  Moderate            
Jefferson County..................  ...............  Nonattainment.......  ...............  Moderate            
Orange County.....................  ...............  Nonattainment.......  ...............  Moderate            
                                                                                                                
*              *              *              *              *              *              *              *      
                                                           *                                                    
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.                                                     

* * * * *

[FR Doc. 96-8003 Filed 4-1-96; 8:45 am]
BILLING CODE 6560-50-P