Air Quality Designations: Deletion of TSP Designations From New Jersey, New York, Puerto Rico and Virgin Islands

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Region II Docket No.147; NJ24-1-7249a, FRL-5404-8]

Air Quality Designations: Deletion of TSP Designations From New

Jersey, New York, Puerto Rico and Virgin Islands

AGENCY: Environmental Protection Agency (EPA).

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ACTION: Direct final rule.

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SUMMARY: EPA is removing all total suspended particulate (TSP) area

designations in New Jersey, New York, Puerto Rico and the Virgin

Islands because they are no longer relevant. EPA promulgated revised

prevention of significant deterioration (PSD) increments for

particulate matter so that the PSD increments are now measured in terms

of particulate matter with an aerodynamic diameter less than 10 microns

(PM10) instead of TSP. Section 107(d)(4)(B) of the Clean Air Act

(Act) authorizes EPA to eliminate all area TSP designations once the

PSD increments for PM10 are promulgated.

DATES: This rule is effective on April 1, 1996 unless adverse or

critical comments are received by February 29, 1996. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: All comments should be addressed to: William S. Baker,

Chief, Air Programs Branch, Environmental Protection Agency, Region II

Office, 290 Broadway, New York, New York 10007-1866.

Copies of the documents relevant to this action are available for

inspection during normal business hours at the following address:

Environmental Protection Agency, Region II Office, Air Programs Branch,

290 Broadway, 20th Floor, New York, New York 10007-1866.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,

Environmental Protection Agency, 290 Broadway, 20th Floor, New York,

New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

In 1971, EPA promulgated primary and secondary National Ambient Air

Quality Standards (NAAQS) for particulate matter to be measured as TSP.

Based upon better health effects information, on July 1, 1987 (52 FR

242634), EPA replaced the TSP NAAQS for particulate matter with a

PM10 standard. On the same date, EPA promulgated final regulations

under 40 CFR part 51 for state implementation of the revised NAAQS (52

FR 24672). In the preamble to that action, EPA announced that, because

of the importance of the section 107 area designations to the

applicability of the PSD increments for TSP, it would retain the TSP

designations beyond the date on which EPA approves a state's revised

PM10 State Implementation Plan (SIP). This would protect the

applicability of the PSD increments for TSP until a PSD increment for

PM10 could be established.

The 1990 Amendments to the Act contained several pertinent

provisions relating to or affecting the TSP area designations. Under

section 107(d)(4)(B) of the amended Act, Congress established by

operation of law the first nonattainment area designations for

PM10, and mandated that areas not initially defined as

nonattainment are considered to be unclassifiable.

Moreover, section 107(d)(4)(B) provided that any designation for

particulate matter (measured in terms of TSP) that the Administrator

promulgated prior to the date of enactment of the 1990 Amendments shall

remain in effect for purposes of implementing the maximum allowable

concentrations of particulate matter (measured in terms of TSP) PSD

increments until the Administrator determines that such designation is

no longer necessary for that purpose.

On June 3, 1993 (58 FR 31622), under the authority of section

166(f) of the Act, EPA published the final rulemaking replacing the PSD

increments for TSP with equivalent PSD increments for PM10, which

became effective on June 3, 1994. As announced in the June 3, 1993

Federal Register notice, EPA intends to eliminate the TSP area

designations from states and territories where the Federal PSD program

is in effect. EPA has the legal responsibility for implementing the PSD

program in New Jersey, New York, Puerto Rico, and the Virgin Islands

pursuant to 40 CFR 52.1603, 52.1689, 52.2729, 52.2779, respectively.

However, EPA has delegated the day-to-day PSD program administration to

the states of New Jersey and New York. The delegation agreement

provides for automatic adoption of the PSD increments for PM10

once the increments became effective.

Conclusion

In accordance with the information provided above, the states

affected by today's rule do not have PSD regulations which have been

approved by the EPA under the applicable implementation plan. Instead,

the PSD regulations contained in 40 CFR 52.21 (the Federal PSD program)

govern the review and approval of permits to construct and operate

major stationary sources in these areas. Pursuant to section 166(b) of

the Act, the new PSD increments for PM10 became effective on June

3, 1994--one year after promulgation. Accordingly, EPA is today

deleting from the list of area designations in 40 CFR part 81, all of

the designations for TSP in New Jersey, New York, Puerto Rico, and the

Virgin Islands. Area designations which indicate the attainment status

of each affected area with respect to the PM10 NAAQS already exist

(56 FR 56694, November 1991), and the TSP area designations are no

longer needed.

Nothing in this rule should be construed as permitting or allowing

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

applicable implementation plan. Each request for revision to any SIP

shall be considered separately in light of specific technical,

economic, and environmental factors and in relation to relevant

statutory and regulatory requirements.

EPA is publishing this rule without prior proposal because EPA

views this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, the EPA is proposing to approve the SIP revision should

adverse or critical comments be filed. Thus, this direct final action

will be effective April 1, 1996 unless, by February 29, 1996, adverse

or critical comments are received.

If the EPA receives such comments, this rule will be withdrawn

before the effective date by publishing a subsequent notice 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. The EPA will not institute a second comment period on

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

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

advised that this rule will be effective April 1, 1996. (See 47 FR

27073 and 59 FR 24059).

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. The deletion of TSP tables in part 81 does not create any new

requirements.

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 rule that includes a Federal mandate that may result in estimated

costs to state, local, or tribal governments in the

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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 deletion of no longer applicable TSP

tables 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.

The Office of Management and Budget has exempted this action from

review under Executive Order 12866.

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

of this rule must be filed in the United States Court of Appeals for

the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to

enforce its requirements. (See 307(b)(2).)

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, Particulate

matter.

Dated: December 18, 1995.

Jeanne M. Fox,

Regional Administrator.

Part 81, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

Sec. 81.331 New Jersey

2. In Sec. 81.331 the table entitled ``New Jersey--TSP'' is

removed.

Sec. 81.333 New York

3. In Sec. 81.333 the table entitled ``New York--TSP'' is removed.

Sec. 81.355 Puerto Rico

4. In Sec. 81.355 the table entitled ``Puerto Rico--TSP'' is

removed.

Sec. 81.356 Virgin Islands

5. In Sec. 81.356 the table entitled ``Virgin Islands--TSP'' is

removed.

[FR Doc. 96-1588 Filed 1-29-96; 8:45 am]

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