[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Proposed Rules]
[Pages 29270-29276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13513]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[PA175-4117; FRL-6987-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Redesignation of the Pittsburgh-Beaver Valley Ozone 
Nonattainment Area to Attainment and Approval of the Associated 
Maintenance Plan and Other Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to redesignate the Pittsburgh-Beaver Valley 
ozone nonattainment area (the Pittsburgh Area) to attainment for the 1-
hour ozone National Ambient Air Quality Standard (NAAQS). The 
Pittsburgh area is comprised of Allegheny, Armstrong, Beaver, Butler, 
Fayette, Washington, and Westmoreland counties. The EPA is also 
proposing to approve the maintenance plan, submitted by the 
Pennsylvania Department of Environmental Protection (PADEP) on April 9, 
2001, as a revision to the Pennsylvania State Implementation Plan 
(SIP). Approval of the maintenance plan would put into place a plan for 
maintaining the 1-hour ozone standard for the next 10 years in the 
Pittsburgh area. PADEP submitted a 1990 base year emissions inventory 
for nitrous oxides (NOX) to EPA on March 22, 1996 and 
supplemented the inventory on February 18, 1997. EPA is also proposing 
to approve the 1990 NOX base year inventory. Lastly, EPA is 
also proposing to convert the limited approval of Pennsylvania's New 
Source Review (NSR) program to full approval throughout the 
Commonwealth, with the exception of the 5-county Pennsylvania portion 
of the Philadelphia-Wilmington-Trenton ozone nonattainment area where 
it will retain its limited approval status until that area has an 
approved attainment demonstration for the 1-hour ozone standard.

DATES: Written comments must be received on or before June 29, 2001.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services 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; 
Pennsylvania Department of Environmental Resources, Bureau of Air

[[Page 29271]]

Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

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

SUPPLEMENTARY INFORMATION: On April 9, 2001, the Commonwealth submitted 
a request that EPA redesignate the Pittsburgh area to attainment. The 
Commonwealth simultaneously submitted its proposed maintenance plan for 
the Pittsburgh area and requested that EPA parallel process its 
approval of that plan as a SIP revision. In this document, EPA will 
answer the following:
What action is EPA proposing to take?
Why is EPA taking this action?
What would be the effect of this redesignation?
What is the background for this action?
What are the redesignation review criteria?
What is EPA's analysis of the commonwealth's request?

What actions is EPA proposing to take?

    Pursuant to a request from the Commonwealth of Pennsylvania, EPA is 
proposing to redesignate the Pittsburgh moderate ozone area from 
nonattainment to attainment of the 1-hour ozone NAAQS. We are also 
proposing to approve the Pittsburgh area's maintenance plan submitted 
by PADEP on April 9, 1990 for approval by EPA as a SIP revision. This 
revision is being proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrently with 
the state's procedures for amending its SIP. If the proposed 
maintenance plan is substantially changed in areas other than those 
identified in this notice, EPA will evaluate those changes and may 
publish another notice of proposed rulemaking. If no substantial 
changes are made other than those areas cited in this notice, 
Pennsylvania will adopt its maintenance plan. The final rulemaking 
action by EPA will occur only after the SIP revision (i.e., the 
Pittsburgh area's maintenance plan) has been adopted by Pennsylvania 
and submitted formally to EPA for incorporation into the SIP.

Why is EPA taking this action?

    The Pittsburgh area meets the redesignation and maintenance plan 
requirements of the Clean Air Act (CAA).

What would be the effect of this redesignation?

    The redesignation would change the official designation of the 
Pennsylvania counties of Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, and Westmoreland from nonattainment to attainment for the 
1-hour ozone standard. It would also put into place a plan for 
maintaining the 1-hour ozone standard for the next 10 years. This 
maintenance plan includes contingency measures to address any future 
violations of the 1-hour ozone NAAQS.

What is the background for this action?

    On November 15, 1990, the CAA amendments were enacted. Pursuant to 
section 107(d)(4)(A), on November 6, 1991 (56 FR 56694), the 
Pennsylvania counties of Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, and Westmoreland were designated as the Pittsburgh-Beaver 
Valley moderate ozone nonattainment area. 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 was subsequently amended on January 
13, 1994. In November 1994, the Commonwealth of Pennsylvania suspended 
the implementation of certain key control programs for which 
substantial emission reduction credit had been taken in the submitted 
maintenance plan--rendering it no longer approvable. Not until May 12, 
1995 did Pennsylvania submit a revised maintenance plan to correct the 
deficiencies caused by the suspension of the previous version's key 
control strategies. Early during the 1995 ozone season, and prior to 
the time EPA could initiate rulemaking on the May 12, 1995 submittal, 
the Pittsburgh area violated the ozone NAAQS, making the area 
ineligible for redesignation. The Commonwealth chose not to withdraw 
its redesignation request. Therefore, on May 1, 1996 (61 FR 19193), EPA 
disapproved the Commonwealth's request based upon the fact that the 
area violated the NAAQS for ozone in 1995.
    On November 25, 1996 the Commonwealth certified that the Pittsburgh 
area monitored no exceedances during 1996 and formally requested an 
attainment date extension from November 1996 to November 1997. EPA 
granted the Commonwealth an attainment date extension on February 25, 
1997 (62 FR 8389). Subsequently, the area violated the NAAQS again 
during the 1997 ozone season. As discussed later in this document, the 
Commonwealth has since adopted and implemented additional control 
measures in the Pittsburgh area to reduce ozone precursors.
    The Pittsburgh area has recorded three years of complete quality-
assured, violation-free ambient air quality monitoring data for the 
1998 to 2000 ozone seasons, thereby demonstrating that the area has 
attained the 1-hour ozone NAAQS. On April 9, 2001, PADEP submitted a 
request that EPA redesignate the Pittsburgh area from nonattainment to 
attainment of the 1-hour ozone standard. The PADEP also requested that 
EPA parallel process its approval of the maintenance plan in concert 
with the Commonwealth's procedures for amending its SIP.

What are the redesignation review criteria?

    The Act provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) allows for 
redesignation providing that: (1) The Administrator determines that the 
area has attained the NAAQS; (2) The Administrator has fully approved 
the applicable implementation plan for the area under section 110(k); 
(3) The Administrator determines that the improvement in air quality is 
due to permanent and enforceable reductions in emissions resulting from 
implementation of the applicable Federal air pollutant control 
regulations and other permanent and enforceable reductions; (4) The 
Administrator has fully approved a maintenance plan for the area as 
meeting the requirements of section 175(A); and, (5) The State 
containing such area has met all requirements applicable to the area 
under section 110 and part D.
    The EPA provided guidance on redesignation in the General Preamble 
for the Implementation of Title I of the Clean Air Act Amendments of 
1990 on April 16, 1992 (57 FR 13498) and supplemented on April 28, 1992 
(57 FR 18070). The EPA has provided further guidance on processing 
redesignation requests in the following documents:
    1. ``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Mary D. Nichols, Assistant 
Administrator for Air and Radiation, October 14, 1994, (Nichols, 
October 1994).
    2. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and Carbon Monoxide, (CO) Nonattainment Areas,'' D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993.
    3. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on 
or after

[[Page 29272]]

November 15, 1992,'' Michael H. Shapiro, Acting Assistant Administrator 
for Air and Radiation, September 17, 1993.
    4. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act Deadlines,'' John Calcagni, Director, Air Quality 
Management Division, October 28, 1992. (Calcagni, October 1992).
    5. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' John Calcagni, Director, Air Quality Management Division, 
September 4, 1992.
    6. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' G.T. Helms, Chief Ozone/Carbon Monoxide Programs 
Branch, June 1, 1992.
    7. State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990 (57 
FR 13498), April 16, 1992.

What Is EPA's analysis of the Commonwealth's request?

1. The Area Must Be Attaining the 1-Hour Ozone NAAQS

    For ozone, an area may be considered attaining the 1-hour ozone 
NAAQS if there are no violations, as determined in accordance with 40 
CFR 50.9 and appendix H, based upon three complete consecutive calendar 
years of quality assured monitoring data. A violation of the 1-hour 
ozone NAAQS occurs when the annual average number of expected daily 
exceedances is equal to or greater than 1.05 per year at a monitoring 
site. A daily exceedance occurs when the maximum hourly ozone 
concentration during a given day is 0.125 parts per million (ppm) or 
higher. The data must be collected and quality-assured in accordance 
with 40 CFR part 58, and recorded in AIRS. The monitors should have 
remained at the same location the duration of the monitoring period 
required for demonstrating attainment. The PADEP submitted ozone 
monitoring data for the April through October ozone season from 1998 to 
2000. This data has been quality assured and is recorded in AIRS. 
During the 1998 to 2000 time period, the design value is 123 parts per 
billion. The average annual number of expected exceedances is 1.0 for 
that same time period. Therefore, the first criterion of section 
107(d)(3)(E) has been satisfied.

2. The Area Must Have a Fully Approved SIP Under Section 110(k); and 
the Area Must Have Met All Applicable Requirements Under Section 110 
and Part D

    Section 110 Requirements: General SIP elements are delineated in 
section 110(a)(2) of Title I, part A. These requirements include but 
are not limited to the following: submittal of a SIP that has been 
adopted by the state after reasonable notice and public hearing, 
provisions for establishment and operation of appropriate apparatus, 
methods, systems and procedures necessary to monitor ambient air 
quality, implementation of a permit program, provisions for part C, 
Prevention of Significant Deterioration (PSD), and part D, New Source 
Review (NSR) permit programs, criteria for stationary source emission 
control measures, monitoring and reporting, an enhanced Inspection and 
Maintenance (I/M) program, and provisions for public and local agency 
participation. For the purposes of redesignation, the Pennsylvania SIP 
was reviewed to ensure that all requirements under the amended CAA were 
satisfied through approved SIP provisions for the Pittsburgh area. EPA 
has concluded that the Commonwealth's SIP for the Pittsburgh area 
satisfies all of the section 110 SIP requirements of the CAA.
    Part D: General Provisions for Nonattainment Areas: Before the 
Pittsburgh area may be redesignated to attainment, it must have 
fulfilled the applicable requirements of part D. Under part D, an 
area's classification determines the requirements to which it is 
subject. Subpart 1 of part D sets forth the basic nonattainment 
requirements applicable to all nonattainment areas. Subpart 2 of part D 
establishes additional requirements for nonattainment areas classified 
under Table 1 of section 181(a). As described in the General Preamble 
for the Implementation of Title 1, specific requirements of subpart 2 
may override subpart 1's general provisions (57 FR 13501, April 16, 
1992). The Pittsburgh area was classified as moderate ozone 
nonattainment. Therefore, in order to be redesignated, the Commonwealth 
must meet the applicable requirements of subpart 1 of part D--
specifically section 172(c) and 176, as well as the applicable 
requirements of subpart 2 of part D.
    Section 172(c) Requirements: EPA has determined that the 
redesignation request received from PADEP for the Pittsburgh area has 
satisfied all the relevant submittal requirements under section 172(c) 
necessary for the area to be redesignated.
    Earlier this year, on January 10, 2001 (66 FR 1925), EPA proposed 
that the requirements of section 172(c)(1) and 182(b)(1) concerning 
submission of an ozone attainment demonstration and reasonably 
available control measures for reasonable further progress (RFP) or 
attainment will no longer be applicable to the area.
    The RFP requirement under section 172(c)(2) is defined as progress 
that must be made toward attainment. Section 182(b)(1)(A) sets forth 
the specific requirements for RFP. On March 22, 1996, the Commonwealth 
submitted a 15% Rate of Progress plan for the Pittsburgh area. EPA 
granted conditional of that 15% plan on January 14, 1998 (63 FR 2147). 
On April 3, 2001 (66 FR 17634), EPA converted its conditional approval 
of the Pittsburgh area's 15% plan to a full approval. By meeting the 
specific 15% plan RFP requirement of section 182(b)(1)(A), the 
Pittsburgh area is also meeting the RFP requirement of section 
172(c)(2).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. On 
January 14, 1998 (63 FR 2147), EPA published a conditional approval of 
the 1990 base year emissions inventory of volatile organic compounds 
(VOCs) submitted by PADEP for the Pittsburgh area. On April 3, 2001, 
EPA converted its conditional approval of the VOC emissions inventory 
for the Pittsburgh area to a full approval (66 FR 17634). Today, EPA is 
proposing to approve the 1990 NOX emission inventory for the 
Pittsburgh area as submitted by PADEP on March 22, 1996, and 
supplemented on February 18, 1997.
    Section 172(c)(5) requires permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area. Section 182(b)(5) requires all major new sources or 
modifications in a moderate nonattainment area to achieve offsetting 
reductions of VOC's at a ratio of at least 1.15 to 1.0. The EPA granted 
limited approval of the Commonwealth's NSR program on December 9, 1997 
(62 FR 64722). EPA's sole reason for granting limited approval rather 
than full approval of Pennsylvania's regulations was that they do not 
contain certain restrictions on the use of emission reductions from the 
shutdown and curtailment of existing sources or units as NSR offsets. 
These restrictions only apply in nonattainment areas without an 
approved attainment demonstration (see 40 CFR part 51.165(a)(ii)(C)). 
The only portion of the Commonwealth

[[Page 29273]]

where an attainment demonstration is still required, and has yet to be 
approved, is the Pennsylvania portion of the Philadelphia-Wilmington-
Trenton severe ozone nonattainment area (consisting of Philadelphia, 
Delaware, Chester, Montgomery, and Bucks counties). Therefore, EPA is 
also proposing to convert its limited approval of Pennsylvania's NSR 
program to full approval for the entire Commonwealth, with the 
exception of the Pennsylvania portion of the Philadelphia-Wilmington-
Trenton severe ozone nonattainment area where it shall, for the time 
being, retain its limited approval status.
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
Federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirements to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved, under title 23 U.S.C. of the Federal 
Transit Act (``transportation conformity''), as well as to all other 
Federally supported or funded projects (``general conformity''). 
Section 176 further provides that state conformity revisions must be 
consistent with Federal conformity regulations that the CAA required 
the EPA to promulgate. The EPA believes it is reasonable to interpret 
the conformity requirements as not applying for purposes of evaluating 
the redesignation request under section 107(d). The rationale for this 
is based on a combination of two factors. First, the requirement to 
submit SIP revisions, to comply with the conformity provision of the 
CAA continues to apply to areas after redesignation to attainment, 
since such areas would be subject to a section 175A maintenance plan. 
Second, EPA's Federal conformity rules require the performance of 
conformity analyses in the absence of Federally approved state rules. 
Therefore, because areas are subject to the conformity requirements 
regardless of whether they are redesignated to attainment and must 
implement conformity under Federal rules if state rules are not yet 
approved, the EPA believes it is reasonable to view these requirements 
as not applying for purposes of evaluating a redesignation request. 
Consequently, EPA may approve the ozone redesignation request for the 
Pittsburgh area without a fully approved conformity SIP. See Detroit, 
Michigan, carbon monoxide redesignation published on June 30, 1999 (64 
FR 35017), Cleveland-Akron-Lorain ozone redesignation published on May 
7, 1996 (61 FR 20458), and Tampa, Florida, published on December 7, 
1995 (60 FR 52748). EPA did approve the Commonwealth's general 
conformity SIP on September 29, 1997 (62 FR 50870).
    By proposing approval of the maintenance plan for the Pittsburgh 
area, EPA is also proposing to approve the Motor Vehicle Emission 
Budgets (MVEB) contained in that plan adequate for maintenance of the 
ozone NAAQS. Upon the effective date of the final approval of the 
maintenance plan for the Pittsburgh area, the MVEB's for both VOC and 
NOX contained in the plan shall be the applicable budgets 
that must be used for purposes of demonstrating transportation 
conformity. These budgets shall replace the VOC budget of the 15% plan 
and the so-called ``NOX Build/No Build Test'' currently 
being used to demonstrate transportation conformity in the Pittsburgh 
area.
    Subpart 2 Section 182 Requirements. The Pittsburgh area is 
classified as moderate ozone nonattainment; therefore part D, subpart 2 
section 182(b) requirements apply. In accordance with the September 17, 
1993 EPA guidance memorandum, the requirements which came due prior to 
the submission of the request to redesignate the area must be fully 
approved into the SIP before or at the time of the request to 
redesignate the area to attainment. Those requirements are discussed 
below:
    1990 Base Year Inventory. The 1990 base year emission inventory was 
due on November 15, 1992. PADEP submitted the 1990 base year emission 
inventory on March 22, 1996 and later supplemented it on February 18, 
1997. Today, EPA is proposing approval of the 1990 base year 
NOX inventory for the Pittsburgh area submitted by the 
Commonwealth on March 22, 1996 and supplemented on February 18, 1997. 
Please note that EPA converted its January 14, 1998 (63 FR 2147) 
conditional approval of the VOC base year inventory to a full approval 
on April 3, 2001 (66 FR 17634).
    Periodic Emission Inventory. Periodic inventories were required to 
be submitted on November 15, 1995 and November 15, 1998, providing an 
estimate of emissions for 1993 and 1996, respectively. This inventory 
is not considered a SIP requirement for the Pittsburgh area, therefore 
they do not need to be approved into the SIP. Pennsylvania provided its 
most recent estimates of emissions for 1999 in this redesignation 
request and these emissions are summarized in tables provided later in 
this document.
    Emission Statements. Pennsylvania formally submitted an emissions 
statement SIP on November 12, 1992 and EPA approved it on January 12, 
1995 (60 FR 2881).
    15% Plan. The 15% ROP plan for VOC reductions was required to be 
submitted by November 15, 1993, and, therefore is applicable to the 
Pittsburgh-Beaver Valley moderate ozone nonattainment area. The 
Commonwealth submitted a 15% plan on March 22, 1996 and EPA granted a 
conditional approval of the plan on January 14, 1998 (63 FR 2147). 
PADEP revised its 15 percent plan SIP on July 22, 1998 in order to 
address the conditions of the January 14, 1998 conditional approval. 
EPA removed the conditional approval of the Commonwealth's 15 percent 
plan and converted to a full approval on April 3, 2001 (66 FR 17634).
    VOC and NOX RACT Requirements. SIP revisions requiring 
reasonably available control technology (RACT) for three classes of VOC 
sources are required under section 182(b)(2). The categories are: (1) 
All sources covered by a Control Technique Guideline (CTG) document 
issued between November 15, 1990 and the date of attainment; (2) All 
sources covered by a CTG issued prior to November 15, 1990; (3) All 
other major non-CTG rules were due by November 15, 1992 and apply to 
the Pennsylvania submittal. The Pennsylvania SIP has approved RACT 
regulations and requirements for all sources and source categories 
covered by the CTG's. These are listed in appendix A of the Technical 
Support Document (TSD) prepared in support of this proposed rulemaking. 
Copies of the TSD are available, upon request, from the EPA Regional 
Office listed in ADDRESSES section of this document.
    On February 4, 1994, PADEP submitted a revision to its SIP to 
require major sources of NOX and additional major sources of 
VOC emissions (not covered by a CTG) to implement RACT. The February 4, 
1994 submittal was amended on May 3, 1994 to correct and clarify 
certain presumptive NOX RACT requirements. In the Pittsburgh 
area, a major source of VOC is defined as one having the potential to 
emit 50 tons per year (tpy) or more, and a major source of 
NOX is defined as one having the potential to emit 100 tpy 
or more. Pennsylvania's RACT regulations require sources, in the 
Pittsburgh area, that have the potential to emit 50 tpy or more of VOC 
and sources which have the potential to emit 100 tpy or more of 
NOX comply with RACT by May 31, 1995. The regulations 
contain technology-based or operational

[[Page 29274]]

``presumptive RACT emission limitations'' for certain major 
NOX sources. For other major NOX sources, and all 
major non-CTG VOC sources (not otherwise already subject to RACT under 
the Pennsylvania SIP), the regulations contain a ``generic'' RACT 
provision. A generic RACT regulation is one that does not, itself, 
specifically define RACT for a source or source categories but instead 
allows for case-by-case RACT determinations. The generic provisions of 
Pennsylvania's regulations allow for PADEP to make case-by-case RACT 
determinations that are then to be submitted to EPA as revisions to the 
Pennsylvania SIP.
    On March 23, 1998 EPA granted conditional limited approval to the 
Commonwealth's generic VOC and NOX RACT regulations (63 FR 
13789). In that action, EPA stated that the conditions of its approval 
would be satisfied once the Commonwealth either (1) certifies that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to PADEP; or (2) demonstrate that 
the emissions from any remaining subject sources represent a de minimis 
level of emissions as defined in the March 23, 1998 rulemaking. On 
April 22, 1999, the PADEP made the required submittal to EPA certifying 
that it had met the terms and conditions imposed by EPA in its March 
23, 1998 conditional limited approval of its VOC and NOX 
RACT regulations by submitting 485 case-by-case VOC/NOX RACT 
determinations as SIP revisions and making the demonstration described 
as condition 2, above. EPA determined that Pennsylvania's April 22, 
1999 submittal satisfies the conditions imposed in its conditional 
limited approval published on March 23, 1998. On May 3, 2001 (66 FR 
22123), EPA published a rulemaking action removing the conditional 
status of its approval of the Commonwealth's generic VOC and 
NOX RACT regulations on a statewide basis. The regulation 
currently retains its limited approval status. Once EPA has approved 
the case-by-case RACT determinations submitted by PADEP for subject 
sources located in Allegheny, Armstrong, Beaver, Butler, Fayette, 
Washington, and Westmoreland Counties, the limited approval of 
Pennsylvania's generic VOC and NOX RACT regulations shall 
convert to a full approval for the Pittsburgh area. Final action by EPA 
to approve the redesignation of the Pittsburgh area from nonattainment 
to attainment may occur only after the Pennsylvania's generic VOC and 
NOX RACT regulations are fully approved for that area.
    It should be noted that the Commonwealth has adopted and is 
implementing additional ``post RACT requirements'' to reduce seasonal 
NOX emissions in the form of a NOX cap and trade 
regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule 
developed by the States in the Ozone Transport Region. That rule's 
compliance date is May 1999. That regulation was approved as SIP 
revision on June 6, 2000 (65 FR 35842). Pennsylvania has also adopted 
regulations to satisfy Phase I of the NOX SIP call and 
submitted those regulations to EPA for SIP approval. Publication of 
EPA's rulemaking action on the Commonwealth's NOX SIP call 
rule SIP submittal will appear in the Federal Register in the near 
future.
    Stage II Vapor Recovery. Section 182(b)(3) requires states to 
submit Stage II rules no later than November 15, 1992. The Pennsylvania 
Stage II rules were submitted as a SIP revision on March 4, 1992. The 
SIP was supplemented on October 16, 1995. EPA approved the Stage II 
program for the Commonwealth of Pennsylvania on December 13, 1995 (60 
FR 63940).
    Enhanced Vehicle Inspection and Maintenance (I/M). Pennsylvania 
submitted its enhanced I/M SIP to EPA on March 22, 1996. EPA granted 
conditional interim approval of the Commonwealth's enhanced I/M SIP on 
January 28, 1997. EPA granted full approval of the Commonwealth's 
enhanced I/M program on June 17, 1999 (64 FR 32411).

3. The Improvement in Air Quality Must Be Due to Permanent and 
Enforceable Reductions in Emissions

    The improvement in air quality must be due to permanent and 
enforceable reductions in emissions resulting from the SIP, Federal 
Measures, and other state adopted measures. The improvement in air 
quality in the Pittsburgh area is due to emissions reductions from 
reductions in point, stationary, area, and mobile sources. Point source 
reductions are due to implementation of RACT, additional NOX 
controls, 111(d) plans and National Emission Standards for Hazardous 
Air Pollutants (NESHAPS) which reduce VOCs, Prevention of Significant 
Deterioration (PSD), and NSR. Additional stationary area source 
controls were implemented for the following categories: Automobile 
refinish coatings, consumer products, architectural and industrial 
maintenance coatings, wood furniture coatings, aircraft surface 
coating, marine surface coating, metal furniture coating, municipal 
solid waste landfills, treatment storage and disposal facilities, and 
Stage II vapor recovery. Several programs were implemented to reduce 
highway vehicle emissions, such as the Federal Motor Vehicle Control 
Program (FMVCP), a Pittsburgh-specific summertime gasoline 7.8 psi 
volatility limit, and enhanced I/M. Nonroad source programs include 
Federal rules for large and small compression-ignition engines, small 
spark-ignition engines, and recreation spark-ignition marine engines.
    Pennsylvania has satisfied the criteria of section 107(d)(3)(E) 
that the improvement in air quality must be due to permanent and 
enforceable reductions in emissions resulting from the SIP, Federal 
Measures, and other state adopted measures.

4. The Area Must Have a Fully Approved Maintenance Plan Meeting the 
Requirements of Section 175A

    Section 175A of the CAA sets for the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to attainment. The 
maintenance plan is a SIP revision which provides for maintenance of 
the relevant NAAQS in the area for at least 10 years after 
redesignation. The EPA memorandum, dated September 4, 1992 from John 
Calcagni, provides additional guidance on the required content of a 
maintenance plan. An ozone maintenance plan should address the 
following five areas: the attainment emissions inventory, maintenance 
demonstration, monitoring network, verification of continued attainment 
and a contingency plan. The attainment emissions inventory identifies 
the emissions level in the area which is sufficient to attain the 1-
hour ozone NAAQS, and includes emissions during the time period which 
had no monitored violations. Maintenance is demonstrated by showing 
that future emissions will not exceed the level established by the 
attainment inventory. Provisions for continued operation of an 
appropriate air quality monitoring network are to be included in the 
maintenance plan. The state must show how it will track and verify the 
progress of the maintenance plan. Finally, the potential contingency 
measures ensure prompt correction of any violation of the ozone 
standard.
    The PADEP included a 1999 emissions inventory as the attainment 
inventory. The maintenance plan provides emissions estimates from 1990 
to 2011 for VOCs and NOX (see Tables 1 and 2, below). The 
emissions in the Pittsburgh area are projected to decrease from the 
1999 levels. The results of the analysis show that the Pittsburgh area 
is expected to maintain the air quality

[[Page 29275]]

standard for at least 10 years into the future after redesignation.

    Table 1.--VOC Emissions from 1999 to 2011 in the Pittsburgh Area
------------------------------------------------------------------------
                                       1999         2007         2011
      Major source category         attainment   projected    projected
------------------------------------------------------------------------
Point sources....................           34           36           38
Stationary Area Sources..........          130          136          142
Highway Vehicles.................          110           98          102
Nonroad Engines/Vehicles.........           64           42           37
                                  --------------------------------------
    Total........................          338          313          319
------------------------------------------------------------------------


    Table 2.--NOX Emissions from 1999 to 2011 in the Pittsburgh Area
------------------------------------------------------------------------
                                       1999         2007         2011
      Major source category         attainment   projected    projected
------------------------------------------------------------------------
Point sources....................          282          199          199
Stationary Area Sources..........           10           10           10
Highway Vehicles.................          171          129          115
Nonroad Engines/Vehicles.........           75           67           60
                                  --------------------------------------
    Total........................          538          405          384
------------------------------------------------------------------------

    The Commonwealth's plan commits to continue the operation of the 
monitors in the area in accordance with 40 CFR part 58. The 
Commonwealth's plan also states that it will track maintenance by 
reviewing the air quality and emissions data during the maintenance 
period. As stated earlier, the plan also includes motor vehicle 
emission budgets to be used for transportation conformity purposes for 
the Pittsburgh area upon the effective date of the final approval of 
the maintenance plan.
    The contingency plan for the Pittsburgh area consists of attainment 
tracking and contingency measures to be implemented in the event that a 
violation of the ozone NAAQS occurs in the Pittsburgh area. Two 
measures of attainment tracking will be utilized in the Pittsburgh 
area: (1) air quality monitoring using the existing ozone monitoring 
network, and (2) inventory updates on a regular schedule. Stationary, 
mobile, and area source inventories will be updated a minimum of once 
every three years beginning in 2002. The inventories will be assessed 
by comparison with the 1999 maintenance inventory to ensure that the 
emissions do not exceed the attainment year inventory by more than 10 
percent. The Commonwealth will develop periodic emissions inventories 
(every 3 years) beginning in 2002 and will evaluate these inventories 
relative to the 1999 baseline to assess whether further controls are 
needed.
    The contingency measures included in the plan to be considered for 
implementation for the Pittsburgh area are four VOC model rules 
currently being considered as additional measures for the Philadelphia 
Ozone Nonattainment area. The rules are part of a recent Memorandum of 
Understanding (MOU) and resolutions signed on March 28, 2001 by the 
member states of the Ozone Transport Commission (OTC). The VOC rules 
under consideration have the potential to reduce emissions from 
consumer products, portable fuel containers, architectural and 
industrial Maintenance coatings, and solvent cleaning operations.
    The Commonwealth's submittal adequately addresses the five basic 
components which comprise a maintenance plan (attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and a contingency plan) and therefore, satisfies 
the maintenance plan requirement of section 107(d)(3)(E).
    The CAA section 175A(b) also requires the PADEP to submit a 
revision of the SIP eight years after the original redesignation 
request is approved to provide for maintenance of the NAAQS for an 
additional 10 years following the first 10-year period. The 
Commonwealth recognizes that it is required to submit such a SIP 
revision 8 years after this request and maintenance plan are approved.

Proposed Actions

    EPA is proposing to redesignate the Pittsburgh area from 
nonattainment to attainment of the 1-hour ozone NAAQS and is proposing 
to approve the maintenance plan submitted by the Commonwealth on April 
9, 2001. By proposing approval of the Pittsburgh area maintenance plan, 
EPA is also proposing to approve the MVEBs contained in that plan as 
adequate for maintenance of the ozone NAAQS and for transportation 
conformity purposes. EPA is also proposing to approve the 1990 
NOX base year emissions inventory. EPA is also proposing to 
convert its limited approval of Pennsylvania's NSR program to a full 
approval for the entire Commonwealth, with the exception of the 
Philadelphia area where it will retain its limited approval status. 
Final action by EPA to approve the redesignation of the Pittsburgh area 
from nonattainment to attainment may occur only after the 
Pennsylvania's generic VOC and NOX RACT regulations are 
fully approved for that area.
    EPA is soliciting public comments on the issues discussed in this 
notice 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. 
Interested parties should submit comments by June 29, 2001. All 
interested parties are advised to submit comments at this time as EPA 
does not intend to extend this comment period or to institute a second 
comment period.
    This redesignation is being proposed under a procedure called 
parallel processing, whereby EPA proposes rulemaking action 
concurrently with the

[[Page 29276]]

state's procedures for amending its regulations. If the proposed 
maintenance plan is substantially changed in areas other than those 
identified in this notice, EPA will evaluate those changes and may 
publish another notice of proposed rulemaking. If no substantial 
changes are made other than those areas cited in this notice, 
Pennsylvania will publish a Final Rulemaking Notice on the revisions. 
The final rulemaking action by EPA will occur only after the SIP 
revision has been adopted by Pennsylvania and submitted formally to EPA 
for incorporation into the SIP.

Administrative Requirements

    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 approve state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed redesignation and associated maintenance plan 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 approve pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it 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 approve a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed redesignation and associated maintenance plan also are 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 redesignation of the Pittsburgh area from 
nonattainment to attainment for the 1-hour ozone NAAQS 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: May 21, 2001
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-13513 Filed 5-29-01; 8:45 am]
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