Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County: USX Clairton Works

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

PA62-1-7023a; FRL-5272-4]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Allegheny County: USX Clairton Works

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving a State implementation plan (SIP) revision

submitted by the Commonwealth of Pennsylvania. This revision requires

the availability and maintenance of certain air pollution control

equipment at the USX Corporation's Clairton Works in Allegheny County,

Pennsylvania. The intended effect of this action is to

[[Page 43013]]

approve relevant portions of an enforcement order and agreement entered

into between the Allegheny County Health Department and the USX

Corporation. This action is being taken under section 110 of the Clean

Air Act.

DATES: This final rule is effective October 17, 1995 unless notice is

received on or before September 18, 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, 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; the Air and

Radiation Docket and Information Center, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington, DC 20460; and, Allegheny County

Health Department, Bureau of Environmental Quality, Division of Air

Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: David J. Campbell, Technical

Assessment Section (3AT22), U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107,

phone: 215 597-9781.

SUPPLEMENTARY INFORMATION: On April 26, 1995, the Commonwealth of

Pennsylvania submitted a revision to its State implementation plan

(SIP) for Allegheny County pertaining to the USX Corporation's Clairton

Works. The intended result of the revision is to minimize air pollution

control equipment unavailability. This action will significantly reduce

the potential for excessive sulfur dioxide (SO2) emissions from

the facility.

Background

On January 30, 1991, EPA notified Pennsylvania of EPA's intention

to start the process of redesignating the ``Clairton Area'' in

Allegheny County as nonattainment for SO2 pursuant to section

107(d)(3) of the Clean Air Act. The Clairton Area is defined as the

area inclusive of Lincoln, Liberty, Glassport and Port Vue Boroughs and

the City of Clairton in Allegheny County, Pennsylvania. In response to

EPA's letter, the Commonwealth of Pennsylvania requested on March 3,

1991 that the Clairton Area be redesignated as nonattainment. As a

result, the Clairton Area was proposed to be redesignated as

nonattainment for SO2 on September 22, 1992 (57 FR 43846).

The basis of EPA's determination to redesignate the Clairton Area

as nonattainment for SO2 was the recording of monitored violations

of the 24-hour national ambient air quality standard (NAAQS) for

SO2 in 1986 and 1988 and of the 3-hour NAAQS in 1985, 1986, and

1988. The SO2 monitor that recorded these violations is located in

the Borough of Glassport.

Upon investigation into the cause of the monitored violations, it

was determined that the exceedances were primarily attributable to the

USX Corporation's Clairton Works coking facility located in the City of

Clairton. After discussions with the Allegheny County Health Department

Bureau of Environmental Quality Division of Air Quality and USX, each

of the monitored exceedances correlated with specific sulfur-removal

equipment failures and outages at the Clairton Works. Further, USX

detailed the significant pollution abatement equipment modification and

enhancement program it was implementing at the time to address the

equipment failures and outages. USX was adding redundant pollution

control devices at its coke oven gas desulfurization facility to

greatly reduce SO2 emissions from the facility. Since the

improvement program was initiated, there was a documented reduction in

monitored SO2 concentrations and no monitored exceedances of the

NAAQS recorded since 1990.

Based on this information, EPA deferred the redesignation of this

area to nonattainment on December 21, 1993 (58 FR 67334). The deferral

was contingent upon the codification of the pollution equipment

improvements at the USX Clairton Works into the Pennsylvania State

implementation plan (SIP) revision for Allegheny County. On April 26,

1995, Pennsylvania submitted a request that EPA approve an official

State implementation plan (SIP) revision request for Allegheny County

pertaining to the USX Clairton Works.

Summary of SIP Revision

The April 26, 1995 SIP revision consists of an enforcement order

and agreement (EOA) entered into between the Allegheny County Health

Department and USX Corporation. EPA is specifically approving the

introductory portion of the EOA, the section entitled ``I. Order'' in

its entirety, and two attachments to the EOA. The remainder of the EOA

pertains to certain enforcement provisions agreed to between Allegheny

County and USX. These provisions are not relevant to the SIP revision.

The EOA, entered into between the County and USX on November 17,

1994, establishes general operating procedures at the Clairton Works

regarding certain air pollution control devices. Specifically, the EOA

requires USX to maintain and operate the following control devices: two

Claus Plants at the Clairton Works coke oven gas desulfurization

facility; a hydrogen cyanide (HCN) destruct unit with two catalytic

reactors; a vacuum carbonate unit with two absorber columns, two axi

compressors, and two strippers; and, spare heat exchangers. The goal of

the EOA is to require redundancy of control devices in order to

minimize unavailability of such devices during normal plant operations.

The result of the EOA will be minimized equipment outages and

breakdowns. This action will foster the continued maintenance of the

NAAQS for SO2 in the area surrounding the facility. Because the

area of concern has been monitoring attainment for a number of years

and the previously monitored violations were directly attributable to

pollution control equipment malfunctions and breakdowns, the existing

federally-approved SO2 emission limit for the Clairton Works

continues to be adequate.

Evaluation of State Submittal

In order to evaluate the approvability as a SIP revision of

Pennsylvania's April 26, 1995 submittal, the critical factors to be

considered are (A) whether the revised implementation plan demonstrates

attainment and maintenance of the national ambient air quality

standards (NAAQS) and (B) whether issues of enforceability arise. The

following is an discussion of each of these factors; a more detailed

evaluation is provided in a Technical Support Document available upon

request from the Regional EPA office listed in the ADDRESSES section of

this notice.

A. Impacts on Attainment/Maintenance on the NAAQS

As mentioned earlier, the Clairton Area is currently designated as

attainment for SO2. The EOA promotes continued maintenance of the

NAAQS for SO2 in the area of concern. Since USX began its

pollution control device modification and enhancement program at the

Clairton Works in the early 1990's, the ambient air quality monitors in

the Clairton Area have indicated a

[[Page 43014]]

significant improvement in air quality with regards to SO2. For

the last four years, the three monitoring stations most impacted by the

Clairton Works have recorded maximum annual arithmetic means that are

less than 60 percent of the annual NAAQS (80 g/m3) and

maximum 24-hour averages that are 75 percent of the 24-hour standard

(365 g/m\3\). This provides a strong indication that the

improvements at Clairton Works has had a direct benefit on ambient air

quality in terms of SO2 and that the NAAQS for SO2 should

continue to be maintained.

B. Enforceability Issues

The EOA requires USX to properly maintain and operate a number of

pollution control devices to ensure maximum availability of those

devices during plant operation. The EOA fully articulates the

expectations of USX in terms of the type of equipment that is to be

maintained, the capacity of that equipment, and the required

availability of the equipment. The EOA also indicates the level of

diligence that is to be applied to the operation and maintenance of the

control devices. The EOA requires USX to report any event that causes

the breakdown or unavailability of any of the equipment specified in

the EOA.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective October 17, 1995 unless, by September 18, 1995, adverse or

critical comments are received.

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

the effective date by publishing a subsequent document that will

withdraw 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 October 17, 1995.

Final Action

EPA is approving the Pennsylvania SIP revision for the USX Clairton

Works in Allegheny County.

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.

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, the

Administrator 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 SIP's on such grounds. Union Electric Co. v.

U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

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 that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA 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 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

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

Through submission of this State implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 110 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. To the extent that the rules being approved by

this action will impose no new requirements; such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

This action has been classified as a Table 3 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 October 17, 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 to approve a revision to Pennsylvania's SIP

for Allegheny County pertaining to the USX Clairton Works 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, Reporting and recordkeeping requirements, Sulfur Oxides.

[[Page 43015]]

Dated: July 25, 1995.

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. 7401-7671q.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(99) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(99) Revisions to the Pennsylvania implementation plan for

Allegheny County pertaining to the operation and maintenance of certain

air pollution control devices at USX Corporation's Clairton Works

submitted on April 26, 1995 by the Pennsylvania Department of

Environmental Resources:

(i) Incorporation by reference.

(A) Letter of April 26, 1995 from Mr. James M. Seif, Secretary,

Pennsylvania Department of Environmental Resources transmitting a SIP

revision for Allegheny County regarding USX Corporation's Clairton

Works.

(B) Portions of an enforcement order and agreement entered into by

and between the Allegheny County Health Department and USX Corporation

on November 17, 1994 (Enforcement Order No. 200 Upon Consent).

Specifically, the introductory section (pages 1-2), the section

entitled, ``I. Order'' (pages 2-6), and attachments C and D to the

enforcement order and agreement which list the relevant pollution

control equipment. The Agreement was effective on November 17, 1994.

(ii) Additional material.

(A) Remainder of Pennsylvania's December 9, 1993 submittal.

[FR Doc. 95-20484 Filed 8-17-95; 8:45 am]

BILLING CODE 6560-50-P