Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania: Determination of Attainment of Ozone Standard by the Pittsburgh-Beaver Valley and Reading Ozone Nonattainment Areas and Determination Regarding Applicability of Certain Reasonable Further Progress and Attainment Demonstration Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIPTRAX No. PA63-1-7032a; FRL-5211-1]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Pennsylvania: Determination of Attainment of Ozone

Standard by the Pittsburgh-Beaver Valley and Reading Ozone

Nonattainment Areas and Determination Regarding Applicability of

Certain Reasonable Further Progress and Attainment Demonstration

Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA has determined that the Pittsburgh-Beaver Valley and

Reading ozone nonattainment areas have attained the National Ambient

Air Quality Standard (NAAQS) for ozone. This determination is based

upon three years of ambient air monitoring data for the years 1992-94

that demonstrate that the ozone NAAQS has been attained in these areas.

On the basis of this determination, EPA is also determining that

certain reasonable further progress and attainment demonstration

requirements, along with certain other related requirements, of Part D

of Title I of the Clean Air Act (CAA) are not applicable to these areas

as long as these areas continue to attain the ozone NAAQS.

EFFECTIVE DATE: This action will become effective July 10, 1995 unless

notice is received on or before June 26, 1995 that adverse or critical

comments will be submitted. If the effective date is delayed, timely

notice will be published in the Federal Register.

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.

SUPPLEMENTARY INFORMATION:

I. Background

Subpart 2 of Part D of Title I of the Clean Air Act (CAA) contains

various air quality planning and state implementation plan (SIP)

submission requirements for ozone nonattainment areas. EPA believes 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 SIP submissions if an ozone

nonattainment area subject to those requirements is monitoring

attainment of the ozone standard (i.e., attainment of the NAAQS

demonstrated with three consecutive years of complete, quality assured

air quality monitoring data). As described below, EPA has previously

interpreted the general provisions 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.

First, with respect to RFP, section 171(1) states that, for

purposes of part D of Title I, RFP ``means such annual incremental

reductions in emissions of the relevant air pollutant as are required

by this part or may reasonably be required by the Administrator for the

purpose of ensuring attainment of the applicable national ambient air

quality standard by the applicable date.'' Thus, whether dealing with

the general RFP requirement of section 172(c)(2), or the more specific

RFP requirements of subpart 2 for classified ozone nonattainment areas

(such as the 15 percent plan requirement of section 182(b)(1)), the

stated purpose of RFP is to ensure attainment by the applicable

attainment date.\1\ If an area has in fact attained the standard, the

stated purpose of the RFP requirement will have already been fulfilled

and EPA does not believe that the area need submit revisions providing

for the [[Page 27894]] further emission reductions described in the RFP

provisions of section 182(b)(1).

\1\EPA notes that paragraph (1) of subsection 182(b) is entitled

``PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS'' and that

subparagraph (B) of paragraph 182(c)(2) is entitled ``REASONABLE

FURTHER PROGRESS DEMONSTRATION,'' thereby making it clear that both

the 15 percent plan requirement of section 182(b)(1) and the 3

percent per year requirement of section 182(c)(2) are specific

varieties of RFP requirements.

EPA notes that it took this view with respect to the general RFP

requirement of section 172(c)(2) in the General Preamble for the

Interpretation of Title I of the Clean Air Act Amendments of 1990 (57

FR 13498 (April 16, 1992)), and it is now extending that interpretation

to the specific provisions of subpart 2. In the General Preamble, EPA

stated, in the context of a discussion of the requirements applicable

to the evaluation of requests to redesignate nonattainment areas to

attainment, that the ``requirements for RFP will not apply in

evaluating a request for redesignation to attainment since, at a

minimum, the air quality data for the area must show that the area has

already attained. Showing that the State will make RFP towards

attainment will, therefore, have no meaning at that point.'' (57 FR

13564)2

\2\See also ``Procedures for Processing Requests to Redesignate

Areas to Attainment,'' from John Calcagni, Director, Air Quality

Management Division, to Regional Air Division Directors, September

4, 1992, at page 6 (stating that the ``requirements for reasonable

further progress * * * will not apply for redesignations because

they only have meaning for areas not attaining the standard'')

(hereinafter referred to as ``September 1992 Calcagni memorandum'').

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Second, with respect to the attainment demonstration requirements

of section 182(b)(1), an analogous rationale leads to the same result.

Section 182(b)(1) requires 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.'' As with the RFP requirements, if an area

has in fact monitored attainment of the standard, EPA believes 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, as 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 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 the contingency measure requirements

of section 172(c)(9). EPA has previously interpreted the contingency

measure requirement 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; see also September 1992 Calcagni memorandum at

page 6.) Similarly, as the section 172(c)(9) contingency measures are

linked with the RFP requirements of section 182(b)(1), the requirement

no longer applies once an area has attained the standard.

EPA emphasizes that the lack of a requirement to submit the SIP

revisions discussed above exists only for as long as an area designated

nonattainment continues to attain the standard. If EPA subsequently

determines that such an area has violated the NAAQS, the basis for the

determination that the area need not make the pertinent SIP revisions

would no longer exist. The EPA would notify the State of that

determination and would also provide notice to the public in the

Federal Register. Such a determination would mean that the area would

have to address the pertinent SIP requirements within a reasonable

amount of time, which EPA would establish taking into account the

individual circumstances surrounding the particular SIP submissions at

issue. Thus, a determination that an area need not submit one of the

SIP submittals amounts to no more than a suspension of the requirement

for so long as the area continues to attain the standard.

The State 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 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).

The determinations that are being made with this Federal Register

notice are not equivalent to the redesignation of the area to

attainment. Attainment of the ozone NAAQS is only one of the criteria

set forth in section 107(d)(3)(E) that must be satisfied for an area to

be redesignated to attainment. To be redesignated the state must submit

and receive full approval of a redesignation request for the area that

satisfies all of the criteria of that section, including the

requirement of a demonstration that the improvement in the area's air

quality is due to permanent and enforceable reductions and the

requirements that the area have a fully-approved SIP meeting all of the

applicable requirements under section 110 and Part D and a fully-

approved maintenance plan.

Furthermore, the determinations made in this notice do 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. 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.

II. Analysis of 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-Beaver Valley and Reading moderate

ozone nonattainment areas in the Commonwealth of Pennsylvania from 1992

through the present time. On the basis of that review EPA has concluded

that the area attained the ozone standard during the 1992-94 period and

continues to attain the standard at this time.

The current design value for the Pittsburgh-Beaver Valley

nonattainment area, computed using ozone monitoring data for 1992

through 1994, is 121 parts per billion (ppb). The average annual number

of expected exceedances is 0.7 for that same time period. The current

design value for the Reading nonattainment area, computed using ozone

monitoring data for 1992 through 1994, is 105 ppb. The average annual

number of expected exceedances is 0.3 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 air quality

standard for ozone. A more detailed summary of the ozone monitoring

data for the area is provided in the Technical Support Document for

this notice.

EPA is making these determinations without prior proposal. However,

in a separate document in this Federal Register publication, EPA is

proposing to make these determinations should adverse or critical

comments be filed. This action will be effective July 10, 1995 unless,

within 30 days of publication, adverse or critical comments are

received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent notice that will withdraw

[[Page 27895]] the final action. All public comments received will then

be addressed in a subsequent final rule based on this action serving as

a proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on July 10, 1995.

Final Action

EPA has determined that the Pittsburgh-Beaver Valley and Reading

ozone nonattainment areas have attained the ozone standard and continue

to attain the standard at this time. As a consequence of this

determination, the requirements of section 182(b)(1) concerning the

submission of the 15 percent plan and ozone attainment demonstration

and the requirements of section 172(c)(9) concerning contingency

measures are not applicable to the area so long as the area does not

violate the ozone standard. Since these areas will not be required to

submit 15 percent plans or attainment demonstrations, these areas will

not be in the control strategy period for conformity purposes for so

long as the areas do not violate the standard. However, the Pittsburgh-

Beaver Valley and Reading areas, which are already demonstrating

conformity to a submitted maintenance plan pursuant to 40 CFR Part 51,

section 51.448(i), may continue to do so, or the Commonwealth may elect

to withdraw the applicability of the submitted maintenance plan budget

for conformity purposes until the maintenance plan is approved. The

applicability may be withdrawn through the submission of a letter from

the Governor or his or her designee. If the applicability of the

submitted maintenance plan budget is withdrawn for transportation

conformity purposes, the build/no-build and less-than-1990 tests will

apply until the maintenance plan is approved.

EPA emphasizes that these determinations are contingent upon the

continued monitoring and continued attainment and maintenance of the

ozone NAAQS in the affected area. When and if a violation of the ozone

NAAQS is monitored in the Pittsburgh-Beaver Valley or Reading

nonattainment areas (consistent with the requirements contained in 40

CFR part 58 and recorded in AIRS), EPA will provide notice to the

public in the Federal Register. Such a violation would 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.

As a consequence of the determination that these areas have

attained the NAAQS and that the RFP and attainment demonstration

requirements of section 182(b)(1) do not presently apply, the sanctions

clocks started by EPA on January 18, 1994, for failure to submit these

requirements is hereby stopped since the deficiency for which the clock

was started no longer exists.

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

suspends the indicated requirements. Therefore, because this notice

does not impose any new requirements, I certify that it does not have a

significant impact on any small entities affected.

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

EPA's final action does not impose any federal intergovernmental

mandate, as defined in section 101 of the Unfunded Mandates Act, upon

the State. No additional costs to State, local, or tribal governments,

or to the private sector, result from this action, which suspends the

indicated requirements. Thus, EPA has determined that this final action

does not include a 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 action has been classified as a Table 2 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

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from E.O. 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by July 25, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes 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, Hydrocarbons,

Intergovernmental relations, Nitrogen dioxide, Ozone.

Dated: May 16, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart NN of chapter I, title 40 is amended as

follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

2. Section 52.2037 is amended by adding paragraph (b) to read as

follows:

Sec. 52.2037 Control Strategy: Carbon monoxide and ozone

(hydrocarbons).

* * * * *

(b)(1) Determination--EPA has determined that, as of July 10, 1995,

the Pittsburgh-Beaver Valley ozone nonattainment area has attained the

ozone standard and that the reasonable further progress and attainment

demonstration requirements of section 182(b)(1) and related

requirements of section 172(c)(9) of the Clean Air Act do not apply to

this area for so long as the area does not monitor any violations of

the ozone standard. If a violation of the ozone NAAQS is monitored in

the Pittsburgh-Beaver Valley ozone nonattainment area, these

determinations shall no longer apply. [[Page 27896]]

(2) Determination--EPA has determined that, as of July 10, 1995,

the Reading ozone nonattainment area has attained the ozone standard

and that the reasonable further progress and attainment demonstration

requirements of section 182(b)(1) and related requirements of section

172(c)(9) of the Clean Air Act do not apply to this area for so long as

the area does not monitor any violations of the ozone standard. If a

violation of the ozone NAAQS is monitored in the Reading ozone

nonattainment area, these determinations shall no longer apply.

[FR Doc. 95-13004 Filed 5-25-95; 8:45 am]

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