Approval and Promulgation of Air Quality Implementation Plans; Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia; Revisions to the State Implementation Plans (SIPs) Addressing Ozone Monitoring

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE22-1-7160a, DC19-1-7159a, MD36-1-7161a, PA48-1-7162a, VA42-1-7163a;

FRL-5291-8]

Approval and Promulgation of Air Quality Implementation Plans;

Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia;

Revisions to the State Implementation Plans (SIPs) Addressing Ozone

Monitoring

AGENCY: Environmental Protection Agency (EPA).

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ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the ozone State Implementation

Plans (SIPs) for Delaware, the District of Columbia (the District),

Maryland, Pennsylvania and Virginia. This action is based upon revision

requests which were submitted by these states to satisfy the

requirements of the Clean Air Act (Act), as amended November 15, 1990,

and the Photochemical Assessment Monitoring Stations (PAMS)

regulations. The PAMS regulations required affected states to provide

for the establishment and maintenance of an enhanced ambient air

quality monitoring network in the form of PAMS by November 12, 1993.

DATES: This final rule is effective November 13, 1995 unless adverse

comments are received by October 11, 1995. If the effective date is

delayed, timely notice will be published in the Federal Register (FR).

ADDRESSES: Written comments should be addressed 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; and the Delaware Department of Natural Resources & Environmental

Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903;

District of Columbia Department of Consumer and Regulatory Affairs,

2100 Martin Luther King Avenue, SE., Washington, DC 20020; Maryland

Department of the Environment, 2500 Broening Highway, Baltimore,

Maryland, 21224; Pennsylvania Department of Environmental Protection,

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

Department of Public Health, Air Management Services, 321 University

Avenue, Philadelphia, Pennsylvania 19104; Virginia Department of

Environmental Quality, 629 East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, Ozone/CO &

Mobile Sources Section, Mailcode 3AT21, U.S. Environmental Protection

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

19107, (215) 597-6863.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittals

SIP revisions incorporating PAMS into the ambient air quality

monitoring networks of State or Local Air Monitoring Stations (SLAMS)

and National Air Monitoring Stations (NAMS) were submitted to EPA from

the following state agencies on the following days:

(1) Delaware's Department of Natural Resources & Environmental

Control submitted a PAMS SIP revision on March 24, 1994;

(2) The District of Columbia's Department of Consumer and

Regulatory Affairs submitted a PAMS SIP revision on January 14, 1994;

(3) Maryland's Department of the Environment submitted a PAMS SIP

revision on March 24, 1994;

(4) Pennsylvania's Department of Environmental Resources (now known

as the Pennsylvania Department of Environmental Protection) submitted a

PAMS SIP revision on September 23, 1994; and

(5) Virginia's Department of Environmental Quality submitted a PAMS

SIP revision on November 23, 1994. These states will establish and

maintain PAMS as part of their overall ambient air quality monitoring

networks.

Section 182(c)(1) of the Act and the General Preamble (57 FR 13515)

require that the EPA promulgate rules for enhanced monitoring of ozone,

oxides of nitrogen (NOX), and volatile organic compounds (VOC) no

later than 18 months after the date of the enactment of the Act. In

addition, the Act requires that, following the promulgation of the

rules relating to enhanced ambient monitoring, states must commence

actions to adopt and implement programs based on these rules, to

improve the monitoring of ambient concentrations of ozone, NOX,

and VOC; and to improve the monitoring of emissions of NOX and

VOC.

The final PAMS rule was promulgated by the EPA on February 12, 1993

(58 FR 8452). Section 58.40(a) of the revised rule requires states with

serious and above areas to submit a PAMS network description, including

a schedule for implementation, to the Administrator within six months

after promulgation or by August 12, 1993. Further, section 58.20(f)

requires these states to provide for the establishment and maintenance

of a PAMS network within nine months after promulgation of the final

rule or by November 12, 1993.

While EPA recognizes that none of the above states met either of

the deadlines, EPA considers this point moot, since these states have

since submitted revisions and adopted implementation schedules for PAMS

in all affected areas. These submittals have been reviewed by the EPA

and are intended to satisfy the requirements of 40 CFR section

58.40(a). Since network descriptions may change annually, they are not

part of the SIP as recommended by the Guideline for the Implementation

of the Ambient Air Monitoring Regulations 40 CFR 58. However, the

network description is negotiated and approved during an annual review

as required by 40 CFR section 58.25 and section 58.36, respectively,

and the revision codified at 40 CFR section 58.46.

The PAMS SIP revisions outlined above are intended to meet the

requirements of section 182(c)(1) of the Act and affect compliance with

the PAMS regulations, codified at 40 CFR part 58, as promulgated on

February 12, 1993.

Public hearings on the PAMS SIP revisions were held on the

following dates:

(1) Delaware--November 18, 1994;

(2) the District--January 4, 1994;

(3) Maryland--November 4, 8, 9 and 10, 1994;

(4) Pennsylvania--August 1, and 9, 1994; and

(5) Virginia--August 15, 1994.

None of the states received comment on the PAMS revisions during

the public hearings or public comment periods.

II. Analysis of State Submittals

The PAMS SIP revisions will provide Delaware, the District,

Maryland, Pennsylvania, and Virginia with the authority to establish

and operate the PAMS sites, secure State funds for PAMS and provide the

EPA with the authority to enforce the implementation of PAMS, since

their implementation is required by the Act.

The criteria used to review the proposed SIP revision are derived

from the PAMS regulations, codified at 40 CFR part 58, the Guideline

for the Implementation of the Ambient Air Monitoring Regulations 40 CFR

Part 58 (EPA-450/4-79-038, Office of Air Quality Planning and

Standards, November 1979), the September 2, 1993 memorandum from G. T.

Helms entitled Final Boilerplate Language for the PAMS SIP Submittal

(Helms boilerplate memorandum), the Act and the General Preamble. The

September 2, 1993 Helms boilerplate memorandum stipulates that the PAMS

SIP, at a minimum, must:

(a) Enable the monitoring of non-criteria pollutants (such as

NOX, nitric

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oxide, and speciated VOC including carbonyls) and meteorological

parameters, in addition to the monitoring of criteria pollutants (such

as ozone and nitrogen dioxide);

(b) Provide a copy of the approved (or proposed) PAMS network

description, including the phase-in schedule, for public inspection

during the public notice and/or comment period provided for in the SIP

revision or, alternatively, provide information to the public upon

request concerning the State's plans for implementing the rules;

(c) Make reference to the fact that PAMS will become a part of the

State or local air monitoring stations (SLAMS) network; and

(d) Require revisions to the statement that SLAMS will employ

Federal reference methods (FRM) or equivalent methods inasmuch as PAMS

sampling will be conducted using methods approved by the EPA which are

not FRM or equivalent.

The PAMS SIP revisions for Delaware, the District, Maryland,

Pennsylvania, and Virginia provide that each state will implement PAMS

as required in 40 CFR Part 58, as amended February 12, 1993. This

program is required in all ozone nonattainment areas designated as

serious, severe, or extreme. The states will also implement these

regulations in any existing ozone nonattainment area reclassified to

serious, severe, or extreme, or any newly designated ozone

nonattainment areas classified as serious or above. The PAMS stations

will become a part of the existing NAMS/SLAMS network and will monitor

ambient levels of ``criteria pollutants,'' ``non-criteria pollutants,''

and meteorological parameters.

Each state will develop its PAMS network design and establish

monitoring sites pursuant to 40 CFR Part 58 in accordance with an

approved network description and as negotiated with the EPA through the

105 grant process on an annual basis. Also, each state has begun

implementing its PAMS network as required in 40 CFR Part 58.

All of the PAMS SIP revisions mentioned also include provisions to

meet quality assurance requirements as contained in 40 CFR Part 58,

Appendix A. All of the states also assure that the PAMS monitors will

meet monitoring methodology requirements contained in 40 CFR Part 58,

Appendix C. These states' SIP revisions also assure that their PAMS

networks will be phased in over a period of five years as required in

section 58.44. The states' PAMS SIP submittals and the EPA's technical

support document are available for viewing at the EPA Region III Office

and the state agencies as outlined under the Addresses Section of this

FR notice.

III. Final Action

EPA is approving revisions to the ozone SIPs for PAMS in Delaware,

the District of Columbia, Maryland, Pennsylvania and Virginia. The EPA

is publishing this action without prior proposal because the Agency

views this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in the FR publication, the

EPA is proposing to approve the SIP revision should adverse comments be

received. Thus, the action will be effective November 13, 1995 unless,

by no later than October 11, 1995, adverse or critical comments are

received.

If such comments are received, this action will be withdrawn before

the effective date by publishing a subsequent notice which will

withdraw the final action. All public comments will then be addressed

in a subsequent final rule based on this action serving as a proposed

rule. The 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 comments are received, the public is advised

that this action will be effective November 13, 1995.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the Clean Air Act

Amendments. The EPA has determined that this action conforms with those

requirements.

Nothing in this action should be construed as permitting, allowing,

or establishing a precedent for any future request for revision to any

SIP. The EPA shall consider each request for revision to the SIP 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., the 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, the 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

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, I certify 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 Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids the EPA to base its actions concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (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 notice 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 must select the most cost-effective and least

burdensome alternative that achieves the objectives of the rule and is

consistent with statutory requirements. Section 203 requires EPA to

establish a plan for informing and advising any small governments that

may be significantly or uniquely impacted by the rule.

EPA has determined that the approval action 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.

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 a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

Under section 307(b)(1) of the Act, petitions for judicial review

of this Direct Final PAMS approval action must be filed in the U.S.

Court of Appeals for the appropriate circuit by November 13, 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

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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,

Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic

compounds.

Dated: August 18, 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 I--Delaware

2. Section 52.430 is added to read as follows:

Sec. 52.430 Photochemical Assessment Monitoring Stations (PAMS)

Program.

On March 24, 1994 the Delaware Department of Natural Resources &

Environmental Control submitted a plan for the establishment and

implementation of a Photochemical Assessment Monitoring Stations (PAMS)

Program as a state implementation plan (SIP) revision, as required by

section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical

Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and

made it part of the Delaware SIP. As with all components of the SIP,

Delaware must implement the program as submitted and approved by EPA.

Subpart J--District of Columbia

3. Section 52.480 is added to read as follows:

Sec. 52.480 Photochemical Assessment Monitoring Stations (PAMS)

Program.

On January 14, 1994 the District of Columbia's Department of

Consumer and Regulatory Affairs submitted a plan for the establishment

and implementation of a Photochemical Assessment Monitoring Stations

(PAMS) Program as a state implementation plan (SIP) revision, as

required by section 182(c)(1) of the Clean Air Act. EPA approved the

Photochemical Assessment Monitoring Stations (PAMS) Program on

September 11, 1995 and made it part of the District of Columbia SIP. As

with all components of the SIP, the District of Columbia must implement

the program as submitted and approved by EPA.

Subpart V--Maryland

4. Section 52.1080 is added to read as follows:

Sec. 52.1080 Photochemical Assessment Monitoring Stations (PAMS)

Program.

On March 24, 1994 Maryland's Department of the Environment

submitted a plan for the establishment and implementation of a

Photochemical Assessment Monitoring Stations (PAMS) Program as a state

implementation plan (SIP) revision, as required by section 182(c)(1) of

the Clean Air Act. EPA approved the Photochemical Assessment Monitoring

Stations (PAMS) Program on September 11, 1995 and made it part of

Maryland SIP. As with all components of the SIP, Maryland must

implement the program as submitted and approved by EPA.

Subpart NN--Pennsylvania

5. Section 52.2035 is added to read as follows:

Sec. 52.2035 Photochemical Assessment Monitoring Stations (PAMS)

Program.

On September 23, 1994 Pennsylvania's Department of Environmental

Resources (now known as the Department of Environmental Protection)

submitted a plan for the establishment and implementation of a

Photochemical Assessment Monitoring Stations (PAMS) Program as a state

implementation plan (SIP) revision, as required by section 182(c)(1) of

the Clean Air Act. EPA approved the Photochemical Assessment Monitoring

Stations (PAMS) Program on September 11, 1995 and made it part of

Pennsylvania SIP. As with all components of the SIP, Pennsylvania must

implement the program as submitted and approved by EPA.

Subpart W--Virginia

6. Section 52.2426 is added to read as follows:

Sec. 52.2426 Photochemical Assessment Monitoring Stations (PAMS)

Program.

On November 23, 1994 Virginia's Department of Environmental Quality

submitted a plan for the establishment and implementation of a

Photochemical Assessment Monitoring Stations (PAMS) Program as a state

implementation plan (SIP) revision, as required by section 182(c)(1) of

the Clean Air Act. EPA approved the Photochemical Assessment Monitoring

Stations (PAMS) Program on September 11, 1995 and made it part of the

Virginia SIP. As with all components of the SIP, Virginia must

implement the program as submitted and approved by EPA.

[FR Doc. 95-22158 Filed 9-8-95; 8:45 am]

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