[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Proposed Rules]
[Pages 1925-1927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-695]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA111-4111; FRL-6932-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania: Determination of Attainment of Ozone Standard in the 
Pittsburgh and Lancaster Areas and Determination of Applicability of 
Certain Requirements for the Pittsburgh Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to determine that the Pittsburgh-Beaver Valley 
Ozone Nonattainment Area (the Pittsburgh Area) and the Lancaster Ozone 
Nonattainment Area (the Lancaster Area) have attained the 1-hour ozone 
National Ambient Air Quality Standard (NAAQS). The Pittsburgh Area, 
classified as moderate, is comprised of Allegheny, Armstrong, Beaver, 
Butler, Fayette, Washington, and Westmoreland Counties. The Lancaster 
Area, classified as marginal, consists of Lancaster County. These 
determinations are based upon three years of complete, quality-assured, 
ambient air monitoring data for the years 1998-2000 which indicate that 
these two have attained the 1-hour ozone NAAQS. On the basis of this 
determination, EPA is also proposing to determine that certain 
requirements of the Clean Air Act (the Act) do not apply to the 
Pittsburgh Area so long as it continues to attain the 1-hour NAAQS for 
ozone.

DATES: Written comments must be received on or before February 9, 2001.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Ozone & Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. 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.

FOR FURTHER INFORMATION CONTACT: Jill Webster, (215) 814-2033, or by e-
mail at [email protected].

Table of Contents

    A. What Action is EPA Proposing to Take?
    B. Why is EPA Taking This Action?
    C. What Would be the Effect of This Action?
    D. What is the Background for This Action?
    E. What is EPA's Analysis of the Air Quality Data?
    F. What Administrative Requirements Were Considered?

A. What Action Is EPA Proposing To Take?

    The EPA is proposing to determine that the Pittsburgh and Lancaster 
Areas have attained the 1-hour NAAQS for ozone. The Lancaster Area, 
which is classified as marginal, consists of Lancaster County. The 
Pittsburgh Area, which is classified as moderate, is comprised of 
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties. On the basis of this determination, EPA is also 
proposing to determine that certain attainment demonstration 
requirements (section 182(b)(1)), along with certain other related 
requirements, of Part D of Title I of the Act, specifically the section 
172(c)(1) requirements and the section 172(c)(9) contingency measure 
requirements, are not applicable to the Pittsburgh Area as long as it 
continues to attain the ozone NAAQS. These requirements have never been 
applicable to areas classified as marginal, such as the Lancaster Area.
    Although EPA is proposing to determine that the air quality in the 
Pittsburgh and Lancaster Areas meets the 1-hour ozone NAAQS, we are not 
proposing to redesignate either of these areas to attainment at this 
time. Under section 107(d)(3)(E) of the Act, there are five criteria 
that must be met in order for EPA to approve a states's request to 
redesignate an area from nonattainment to attainment. The determination 
that an area has attained the NAAQS is the first of those five 
criteria. There are no redesignation requests currently pending before 
EPA for either of these areas. The Commonwealth of Pennsylvania is, 
however, currently preparing its formal redesignation requests and the 
associated maintenance plans for these areas for submittal to EPA in 
the near future. Those requests will be the subject of future 
rulemakings.

B. Why Is EPA Taking This Action?

    The EPA proposes to determine that these two areas have attained 
the ozone NAAQS, because three years of the most recent ambient air 
monitoring data demonstrate that the 1-hour ozone NAAQS has been 
attained. The EPA believes it is reasonable to interpret the provisions 
regarding attainment demonstrations, along with certain other related 
provisions, so as not to require State Implementation Plan (SIP) 
submissions, as described further below, if an ozone nonattainment area 
subject to those requirements is monitoring attainment of the ozone 
standard, i.e., attainment of the NAAQS is demonstrated with three 
years of complete, quality-assured, air quality monitoring data. The 
EPA is basing these determinations upon the most recent three years of 
complete, quality-assured, ambient air monitoring data for the 1998 to 
2000 ozone seasons that demonstrate that the ozone NAAQS has been 
attained in the Pittsburgh and Lancaster Areas.

C. What Would Be the Effect of This Action?

    The requirements of section 172(c)(1) and 182(b)(1) concerning the 
submission of the ozone attainment demonstration and reasonably 
available control measure requirements and the requirements of section 
172(c)(9) concerning contingency measures for reasonable further 
progress (RFP) or attainment will not be applicable to the area. This 
proposal does not revoke the 1-hour NAAQS for ozone in these areas.

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    EPA is proposing to find that the requirements of section 182(b)(1) 
and related requirements of section 172(c)(1) and 172(c)(9) do not 
apply to the area for so long as the area does not monitor any 
violations of the ozone standard. If, while this proposal is pending, a 
violation of the ozone NAAQS is monitored in these nonattainment areas 
(consistent with the requirements contained in 40 CFR Part 58 and 
recorded in AIRS) the EPA would not issue a final determination of 
attainment for the affected area. If the area remains in attainment and 
EPA issues a final determination of attainment, a subsequent monitored 
violation would also mean that the area would thereafter have to 
address the requirements of section 182(b)(1) and section 172(c)(9), 
since the basis for the determination that they do not apply would no 
longer exist.

D. What Is the Background for This Action?

    Subpart 2 of part D of Title I of the Act contains various air 
quality planning and SIP submission requirements for ozone 
nonattainment areas. The EPA believes it is reasonable to interpret 
provisions regarding RFP and attainment demonstrations, along with 
certain other related provisions, so as not to require SIP submissions 
if an ozone nonattainment area subject to those requirements is 
monitoring attainment of the ozone standard (i.e., attainment of the 
NAAQS is demonstrated with three years, of complete, quality-assured, 
air quality monitoring data). EPA has interpreted the general provision 
of subpart 1 of part D of Title I (sections 171 and 172) so as not to 
require the submission of SIP revisions concerning RFP, attainment 
demonstrations, or contingency measures. As explained in a memorandum 
dated May 10, 1995 from John S. 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 believes it is appropriate to 
interpret the more specific RFP, attainment demonstration and related 
provisions of subpart 2 in the same manner. (See Sierra Club v. EPA, 99 
F.3d 1551 (10th Cir. 1996))
    The attainment demonstration requirements of section182(b)(1) 
require that the plan provide for ``such specific annual reductions in 
emissions * * * as necessary to attain the national primary ambient air 
quality standard by the attainment date applicable under this Act.'' If 
an area has in fact monitored attainment of the standard, EPA concludes 
there is no need for an area to make a further submission containing 
additional measures to achieve attainment. This is also consistent with 
the interpretation of certain section 172(c) requirements provided by 
EPA in the General Preamble to Title I where EPA stated there that no 
other measures to provide for attainment would be needed by areas 
seeking redesignation to attainment since ``attainment will have been 
reached,'' (57 FR at 13564, see also September 1992 Calcagni memorandum 
at page 6.) Upon attainment of the NAAQS, the focus of state planning 
efforts shifts to maintenance of the NAAQS and the development of a 
maintenance plan under section 175A.
    Similar reasoning applies to other related provisions of subpart 2, 
including the contingency measure requirements of section 172(c)(9) of 
the Act. The EPA has previously interpreted the contingency measures 
requirements of section 172(c)(9) as no longer being applicable once an 
area has attained the standard since those ``contingency measures are 
directed at ensuring RFP and attainment by the applicable date'' (57 FR 
13564).
    The Commonwealth must continue to operate an appropriate air 
quality monitoring network, in accordance with 40 CFR Part 58, to 
verify the attainment status of the area. The air quality data relied 
upon to determine that the area is attaining the 1-hour ozone standard 
must be consistent with 40 CFR part 58, to verify the attainment status 
of the area. The air quality data relied upon to determine that the 
area is attaining the 1-hour ozone standard must be consistent with 40 
CFR Part 58 requirements and other relevant EPA guidance and recorded 
in EPA's Aerometric Information Retrieval System (AIRS).
    Furthermore, the determinations of these actions will not shield an 
area from future EPA action to require emissions reductions from 
sources in the area where there is evidence, such as photochemical grid 
modeling, showing that emissions from sources in the area contribute 
significantly to nonattainment in, or interfere with maintenance by, 
other nonattainment areas (see section 110(a)(2)(D)). EPA has authority 
under sections 110(a)(2)(A) and 110(a)(2)(D) to require such emission 
reductions as necessary and appropriate to deal with transport 
situations.

E. What Is EPA's Analysis of the Air Quality Data?

    EPA has reviewed the ambient air monitoring data for ozone 
(consistent with the requirements contained in 40 CFR Part 58 and 
recorded in AIRS) for the Pittsburgh and Lancaster nonattainment areas 
in the Commonwealth of Pennsylvania from 1998 through the present time. 
On the basis of that review EPA has concluded that both areas attained 
the 1-hour ozone standard during the 1998-2000 period and both areas 
continue to attain the standard through the present time.
    The current design value for the Pittsburgh nonattainment area, 
computed using ozone monitoring data for 1998 through 2000 is 123 parts 
per billion. The average annual number of expected exceedances is 1.0 
for that same time period. The current design value for the Lancaster 
area, also computed using ozone monitoring data for 1998 through 2000 
is 121 parts per billion. The average annual number of expected 
exceedances for the Lancaster nonattainment area is 0.67 for that same 
time period. An area is considered in attainment of the standard if the 
average annual number of expected exceedances is less than or equal to 
1.0. Thus, these areas are no longer recording violations of the 1-hour 
air quality standard for ozone. A more detailed summary of the air 
quality data recorded for the Pittsburgh and Lancaster Areas is 
provided in the Technical Support Document (TSD) for this action.

F. What Administrative Requirements Were Considered?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This action merely proposes to determine that air quality meets 
federal requirements and imposes no additional requirements. 
Accordingly, the Administrator certifies that this proposed rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rule proposes to determine that air quality meets federal 
requirements and does not impose any additional enforceable duty, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). For the same reason, this proposed rule 
also does not significantly or uniquely affect the communities of 
tribal governments, as

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specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This 
proposed rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely proposes to determine that 
air quality meets federal requirements and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This proposed rule also is not 
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because 
it is not economically significant. In reviewing SIP submissions, EPA's 
role is to approve state choices, provided that they meet the criteria 
of the Clean Air Act. In this context, in the absence of a prior 
existing requirement for the State to use voluntary consensus standards 
(VCS), EPA has no authority to disapprove a SIP submission for failure 
to use VCS. It would thus be inconsistent with applicable law for EPA, 
when it reviews a SIP submission, to use VCS in place of a SIP 
submission that otherwise satisfies the provisions of the Clean Air 
Act. Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
As required by section 3 of Executive Order 12988 (61 FR 4729, February 
7, 1996), in issuing this proposed rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This proposed rule to determine that the 
Pittsburgh and Lancaster areas have attained that ozone NAAQS and the 
proposed determination as to the applicability of certain requirements, 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

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

    Dated: December 21, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.
[FR Doc. 01-695 Filed 1-9-01; 8:45 am]
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