Clean Air Act Reclassification; PennsylvaniaLiberty Borough Nonattainment Area; PM-10

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[AD-FRL-5297-9]

Clean Air Act Reclassification; Pennsylvania--Liberty Borough

Nonattainment Area; PM-10

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to find that the Liberty Borough,

Pennsylvania nonattainment area has not attained national ambient air

quality standards (NAAQS) for particulate matter of nominal aerodynamic

diameter smaller than 10 micrometers (PM-10) by the Clean Air Act (the

Act) mandated attainment date for moderate nonattainment areas. The Act

established an attainment date of no later than December 31, 1994 for

areas classified as moderate nonattainment areas. This proposed finding

is based on monitored air quality data for the PM-10 NAAQS during the

years 1992-94. EPA is soliciting public comment on all relevant matters

associated with this proposed action, including comment as to whether

there are any mitigating facts or extenuating circumstances that it

should consider in its review of the monitoring data used to propose to

find that the area has not achieved the

[[Page 48440]]

NAAQS. All comments and information submitted, in writing, at the

address and within the time frame specified below will be fully

considered by EPA in determining its final action.

DATES: Comments must be received on or before October 19, 1995.

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 and

at the Allegheny County Health Department, Bureau of Environmental

Quality, Division of Air Quality, 301 39th Street, Pittsburgh,

Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Thomas A. Casey, U.S. EPA Region III,

(215) 597-2746.

SUPPLEMENTARY INFORMATION:

I. Background

A. Health and Welfare Effects of Particulate Matter

Based on studies of human populations exposed to high

concentrations of particles (at times in the presence of SO2) and

laboratory studies of animals and humans, there are major human health

concerns associated with particulate matter. These include deleterious

effects on breathing and respiratory systems, aggravation of existing

respiratory and cardiovascular disease, alterations in the body's

immune systems against foreign materials, damage to lung tissue,

carcinogenesis, and premature death. The major subgroups of the

population that appear to be most sensitive to the effects of

particulate matter include individuals with chronic obstructive

pulmonary or cardiovascular disease, those with influenza, asthmatics,

the elderly, and children. Particulate matter also soils and damages

materials, and fine particles are a major cause of visibility

impairment in the United States.\1\

\1\Air Quality Criteria for Particulate Matter (External Review

Draft), EPA-600/AP-95/001a-c, April 1995 (NTIS #: PB95-22-1727, -

1735, -1743).

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B. Clean Air Act Requirements Concerning Designation and Classification

On November 15, 1990, the date of enactment of the 1990 Clean Air

Act Amendments, PM-10 areas meeting the criteria of section

107(d)(4)(B) of the Act were designated nonattainment by operation of

law. Once an area is designated nonattainment, section 188 of the Act

outlines the process for classification of the area and establishes the

area's attainment date. Pursuant to section 188(a), all PM-10

nonattainment areas were initially classified as moderate by operation

of law upon designation as nonattainment. These nonattainment

designations and moderate area classifications were codified in 40 CFR

Part 81 on November 6, 1991 (56 FR 56694).

C. Clean Air Act's Requirements for Moderate PM-10 Nonattainment Areas

States containing areas which were designated as moderate

nonattainment by operation of law under section 107(d)(4)(B) were to

develop and submit State Implementation Plans (SIPs) to provide for the

attainment of the PM-10 NAAQS. Those SIPs were to include the adoption

and implementation of PM-10 reduction requirements which constitute

reasonably available control measures, (RACM), including reasonably

available control technology (RACT). Pursuant to section 189(a)(2) of

the Act, those SIP revisions were to be submitted to EPA by November

15, 1991. The Commonwealth of Pennsylvania submitted this SIP revision

(developed and adopted by the Allegheny County Health Department) on

January 11, 1994. On April 11, 1995 (60 FR 18385), in a rulemaking

separate from today's action, EPA proposed approval of the

Commonwealth's SIP revision for the Liberty Borough moderate PM-10

nonattainment area. EPA received numerous comments on its proposed

action, some in support and some in opposition, and has yet to take

final action on that SIP revision.

D. Reclassification to Serious Nonattainment

EPA has the responsibility, pursuant to sections 179(c) and

188(b)(2) of the Act, of determining within 6 months of the applicable

attainment date, whether PM-10 nonattainment areas have attained the

NAAQS. Section 179(c)(1) of the Act provides that these determinations

are to be based upon an area's ``air quality as of the attainment

date'', and section 188(b)(2) is consistent with this requirement. EPA

makes the determination of whether an area's air quality is meeting the

PM-10 NAAQS based upon air quality data gathered at monitoring sites in

the nonattainment area and entered into the Aerometric Information

Retrieval System (AIRS). These data are reviewed to determine the

area's air quality status in accordance with 40 CFR Part 50, Appendix

K.

Pursuant to Appendix K, attainment of the annual PM-10 standard is

achieved when the expected annual arithmetic mean PM-10 concentration

is equal to or less than 50 micrograms per cubic meter (g/

m\3\). Attainment of the 24-hour standard is determined by calculating

the expected number of exceedances of the 150 g/m\3\ limit per

year. The 24-hour standard is attained when the expected number of

exceedances is 1.0 or less. A total of 3 consecutive years of non-

violating air quality data is generally necessary to show attainment of

the 24-hour and annual standards for PM-10. A complete year of air

quality data, as defined in 40 CFR Part 50, Appendix K, is comprised of

all 4 calendar quarters with each quarter containing data from at least

75 percent of the scheduled sampling days.2

\2\ EPA is currently under court order to review the NAAQS for

particulate matter (American Lung Association v. Browner, No. 93-643

D. Ariz., October 6, 1994).

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Under section 188(b)(2)(A), a moderate PM-10 nonattainment area is

reclassified as serious by operation of law if the Administrator finds

that the area has failed to attain the NAAQS by the statutory

attainment date. Pursuant to section 188(b)(2)(B) of the Act, EPA must

publish a notice in the Federal Register identifying those areas that

failed to attain the standard and the resulting reclassifications. EPA

is fulfilling its responsibility for this requirement via the federal

rulemaking process initiated by today's action.

E. Clean Air Act's Requirements for Serious PM-10 Nonattainment Areas

PM-10 nonattainment areas reclassified as serious under section

188(b)(2) of the Act are required to submit, within 18 months of the

area's reclassification, SIP revisions providing for, among other

things, the adoption and implementation of best available control

measures (BACM), including best available control technology (BACT),

for PM-10 and PM-10 precursors no later than four years from the date

of reclassification. The SIP also must contain a demonstration that its

implementation will provide for attainment of the PM-10 NAAQS no later

than December 31, 2001. EPA has provided specific guidance on

developing serious area PM-10 SIP revisions in an addendum to the

General Preamble to Title I of the Clean Air Act. See 59 FR 41998

(August 16, 1994). These requirements are in

[[Page 48441]]

addition to the moderate PM-10 nonattainment area requirements for

RACT/RACM.

II. Rationale for EPA's Proposed Action

By today's action, EPA is proposing to find that the Liberty

Borough area did not attain the PM-10 NAAQS by the required attainment

date of December 31, 1994. As discussed below, this proposed finding is

based upon air quality data which revealed violations of the PM-10

NAAQS during 1992-1994. If EPA takes final action on this proposed

finding, the Liberty Borough nonattainment area (comprised of the City

of Clairton and the Boroughs of Liberty, Lincoln, Glassport, and Port

Vue) located in Allegheny County, Pennsylvania) will be reclassified by

operation of law as a serious nonattainment area for PM-10 under

section 188(b)(2)(A) of the Act.

A. Ambient Air Monitoring Data

Table 1 lists each of the monitoring sites in the Liberty Borough

area where the 24-hour PM-10 NAAQS has been exceeded during 1992-1994

and the concentration, in micrograms per cubic meter, on the day of the

exceedance.

Table 1

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

Lincoln Lincoln Liberty

(high-volume (continuous (high-volume

Year and date sampler) sampler) sampler)

(g/ (g/ (g/

m\3\) m\3\) m\3\)

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1992:

1/28...................... ............ ............ 175

12/15..................... 186 ............ ............

1993:

5/10...................... 167 ............ ............

11/23..................... 223 195 ............

1994:

2/19...................... 163 ............ ............

3/7....................... 157 ............ ............

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The monitors in the nonattainment area that recorded exceedances of

the PM-10 NAAQS have operated on varying sampling schedules with

varying data capture rates. EPA requires the adjustment of observed

exceedances to account for incomplete data pursuant to 40 CFR Part 50

Appendix K. In the case of the Lincoln high-volume sampler, five

exceedances of the 24-hour NAAQS were observed from 1992 through

1994.3 Before adjusting for incomplete sampling, the number of

exceedances per year for the three year period would be 1.7. After

adjusting for incomplete sampling, the number of expected exceedances

of the NAAQS at this site during the three year period was 2.2.

\3\The Lincoln high volume sampler began operation in the Fall

of 1992.

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According to 40 CFR Part 50, the 24-hour NAAQS is attained when the

expected number of days per calendar year with a 24-hour average

concentration above 150 g/m3 is equal to or less than one. In

the simplest case, the number of expected exceedances at a site is

determined by recording the number of exceedances in each calendar

year, accounting for incomplete data, and then averaging them over the

past three calendar years. Therefore from 1992-1994, the number of

expected exceedances at the Lincoln high-volume sampler is 2.2. This

estimation of expected exceedances indicates that the Lincoln site had

not attained the 24-hour PM-10 NAAQS during 1992-1994.

Only one exceedance of the annual NAAQS has been recorded in the

Liberty Borough area from 1992-1994. (The Lincoln high-volume sampler

recorded a weighted-average concentration of 52.5 g/m\3\ in

1994.) No station in the Liberty Borough area recorded an annual

average concentration, averaged (as prescribed in Appendix K) from

1992-1994, which exceeded the annual NAAQS.

III. Proposed Action

By today's action, EPA is proposing to find that the Liberty

Borough area did not attain the PM-10 NAAQS by December 31, 1994. As

discussed above, this proposed finding is based upon air quality data

which revealed violations of the PM-10 NAAQS during 1992-1994. If EPA

takes final action on this proposed finding, the Liberty Borough

nonattainment area will be reclassified by operation of law as a

serious nonattainment area for PM-10 under section 188(b)(2)(A) of the

Act.

IV. Request for Public Comment

EPA is requesting comment on all aspects of today's proposal,

including, but not limited to: The PM-10 control requirements adopted

to date by the County and the timing and status of their

implementation, the compliance status and history of the sources

subject to the PM-10 control requirements, the efforts made to date to

meet the requirements, air quality data and trends as they relate to

implementation of the control requirements, and weather system

occurrances (meteorology). EPA is also soliciting comment as to whether

there are any mitigating facts or extenuating circumstances that it

should consider in its review of the monitoring data used to propose to

find that the area has not achieved the NAAQS, including any relevant

comparison of the data collected from the ambient monitors. EPA is

soliciting comment as to the relevancy of such information in

determining whether the area has achieved the NAAQS.

As indicated earlier in this notice, EPA will consider any comments

received, in writing, by October 19, 1995.

V. Executive Order (E.O.) 12866

Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to

determine whether regulatory actions are significant and therefore

should be subject to OMB review, economic analysis, and the

requirements of the Executive Order. The Executive Order defines a

``significant regulatory action'' as one that is likely to result in a

rule that may meet at least one of the four criteria identified in

section 3(f), including, under paragraph (1), that the rule may ``have

an annual effect on the economy of $100 million or more or adversely

affect, in a material way, the economy, a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local, or tribal governments or communities.''

The Agency has determined that the finding of failure to attain

proposed today would result in none of the effects identified in

section 3(f). Under section 188(b)(2) of the Act, findings of failure

to attain and reclassification of nonattainment areas are based upon

air quality considerations and must occur by operation of law in light

of certain air quality conditions. They do not, in-and-of-themselves,

impose any new requirements on any sectors of the economy. In addition,

because the statutory requirements are clearly defined with respect to

the differently classified areas, and because those requirements are

automatically triggered by classifications that, in turn, are triggered

by air quality values, findings of failure to attain and

reclassification cannot be said to impose a materially adverse impact

on State, local, or tribal governments or communities.

VI. Regulatory Flexibility

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.

[[Page 48442]]

As discussed in section V of this notice, findings of failure to

attain and reclassification of nonattainment areas under section

188(b)(2) of the Act do not in-and-of-themselves create any new

requirements. Therefore, I certify that today's proposed action does

not have a significant impact on small entities.

VII. Unfunded Mandates

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 assess whether various actions undertaken in association with

proposed or final regulations 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 believes, as discussed earlier in section V of this notice,

that the proposed finding of failure to attain and reclassification of

the Liberty Borough nonattainment area are factual determinations based

upon air quality considerations and must occur by operation of law and,

hence, do not impose any federal intergovernmental mandate, as defined

in section 101 of the Unfunded Mandates Act.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, Intergovernmental

relations, Particulate matter.

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

Dated: September 11, 1995.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 95-23205 Filed 9-18-95; 8:45 am]

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