[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Rules and Regulations]
[Pages 47434-47436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24040]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA039/067-4077; FRL-6149-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania: Attainment Demonstration and Contingency Measures for the 
Liberty Borough PM-10 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Pennsylvania Department of Environmental Protection 
(PADEP) consisting of an attainment demonstration and contingency 
measures for Allegheny County, Pennsylvania's Liberty Borough 
particulate matter moderate nonattainment area. EPA is approving the 
attainment demonstration because the Allegheny County Healthy 
Department's (ACHD) modeling analysis (submitted as a SIP revision by 
PADEP) adequately demonstrates that the regulatory portion of the 
attainment plan is sufficient to attain and maintain the National 
Ambient Air Quality Standards (NAAQS) for particulate matter that were 
in effect at the time of the submittal, and because its analyses have 
been corroborated by monitored air quality data. EPA is approving the 
contingency measures for the area because they satisfy the requirements 
of the Clean Air Act (the Act). EPA approved the regulatory portion of 
the attainment plan for the Liberty Borough area as a SIP revision in 
an earlier rulemaking action. Elsewhere in today's Federal Register, 
EPA has published its determination that the Liberty Borough area has 
attained the NAAQS for particulate matter. In an earlier action, EPA 
approved source-specific control requirements for the USX Clairton Coke 
Works which further strengthen the SIP for the Liberty Borough area.

EFFECTIVE DATE: This final rule is effective on October 8, 1998.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U. S. Environmental Protection Agency , Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103: the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; the Allegheny County 
Health Department, Department of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201; and Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400 
Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp (215) 814-2191, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On January 6, 1994, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted an attainment 
plan

[[Page 47435]]

to EPA on behalf of the Allegheny County Health Department (ACHD) for 
the Liberty Borough PM-10 nonattainment area.1 PM-10 is 
particulate matter smaller than 10 microns in diameter. On July 12, 
1995, PADEP submitted contingency measures to EPA on behalf of the ACHD 
for the Liberty Borough PM-10 nonattainment area. These two revisions 
to the Pennsylvania SIP were submitted to fulfill the Act's 
requirements for an attainment plan consisting of regulatory control 
measures, an attainment demonstration (including air quality modeling) 
that the regulations are sufficient to attain the PM-10 NAAQS, and 
contingency measures. These ``Part D'' requirements are described in 
more detail in the technical support document (TSD) prepared by EPA to 
support this rulemaking. Copies of the TSD are available, upon request, 
from the EPA Regional office listed in the ADDRESSES section of this 
notice.
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    \1\ The Liberty Borough PM-10 nonattainment area is comprised of 
the City of Clairton and the Boroughs of Glassport, Liberty, 
Lincoln, and Port Vue.
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    As stated above, EPA previously took final action 2 to 
approve the regulatory portion of the attainment plan which included 
control measures for a variety of industrial sources. That action made 
those measures part of the SIP and federally enforceable. On June 12, 
1998 (63 FR 32173), EPA published a notice of proposed rulemaking (NPR) 
proposing approval of the attainment demonstration and contingency 
measures portions of the attainment plan for the Liberty Borough PM-10 
nonattainment area. The rationale for EPA's action was explained in the 
NPR and will not be restated here. No public comments were received on 
the NPR.
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    \2\ See 61 FR 29664.
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    Please note that while EPA revised the NAAQS for particulate matter 
3 on July 18, 1997, in this notice the terms ``NAAQS'' and 
``PM-10 NAAQS'' refer to the previously existing NAAQS that were in 
effect at the time that the attainment plan was required and submitted.
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    \3\  See 62 FR 38652.
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Final Action

    EPA is approving the attainment demonstration and the contingency 
measures as a revision to the Pennsylvania SIP. 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 a 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.

Administrative Requirements

A. Executive Orders 12866 and 13045

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review. The final rule is not subject 
to E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' because it is not an ``economically 
significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

    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.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, EPA 
certifies that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the CAA, preparation of a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The Clean Air Act forbids EPA to base its actions concerning 
SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 
255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    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 aggregate; or to 
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 approval 
action being promulgated 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 approves pre-existing requirements under 
State or local law, and imposes no new requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to approve the Liberty Borough PM-10 
attainment demonstration and contingency measures must be filed in the 
United States Court of Appeals for the appropriate circuit by November 
9, 1998. Filing a petition for reconsideration of this final rule does 
not affect the finality of this rule for the purposed 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 action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter.


[[Page 47436]]


    Dated: August 13, 1998.
W. Michael McCabe,
Regional Administrator, Region III.

    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraphs (c)(135) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (135) Revisions to the Pennsylvania State Implementation Plan 
consisting of contingency measures for USX Clairton in the Liberty 
Borough PM-10 Nonattainment Area, submitted on July 12, 1995 by the 
Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Pennsylvania Department of 
Environmental Protection transmitting a SIP revision for contingency 
control measures for USX Clairton Works located in Liberty Borough PM-
10 nonattainment area of Allegheny County.
    (B) Revision to Allegheny County's Article XXI applicable to USX's 
Clairton Coke Works, effective July 11, 1995 specifically:
    (1) Revisions to section 2105.21.e included in Appendix 34 which 
require improved procedures to capture pushing emissions for all USX-
Clairton batteries except Battery B.
    (ii) Additional Material--Remainder of the July 12, 1995 submittal.
    3. Section 52.2059 is amended by adding paragraph (b) to read as 
follows:


Sec. 52.2059  Control strategy: particulate matter.

* * * * *
    (b) EPA approves the PM-10 attainment demonstration for the Liberty 
Borough Area of Allegheny County submitted by the Pennsylvania 
Department of Environmental Protection on January 6, 1994.

[FR Doc. 98-24040 Filed 9-4-98; 8:45 am]
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