Pennsylvania; Approval and Promulgation of Air Quality Implementation Plans; Revocation of Determination of Attainment of Ozone Standard by the Pittsburgh-Beaver Valley Ozone Nonattainment Area and Reinstatement of Applicability of Certain Reasonable Further Progress and Attainment Demonstration Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA084-4018; FRL-5419-3]

Pennsylvania; Approval and Promulgation of Air Quality

Implementation Plans; Revocation of Determination of Attainment of

Ozone Standard by the Pittsburgh-Beaver Valley Ozone Nonattainment Area

and Reinstatement of Applicability of Certain Reasonable Further

Progress and Attainment Demonstration Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 5361]]

SUMMARY: EPA is providing notification of its determination that the

Pittsburgh-Beaver Valley ozone nonattainment area is no longer

attaining the National Ambient Air Quality Standard (NAAQS) for ozone,

based on monitored violations of the standard during the 1995 ozone

season. EPA is also reinstating the applicability of certain reasonable

further progress (RFP) and attainment demonstration requirements, along

with certain other related requirements, of Part D of Title I of the

Clean Air Act (CAA) for the Pittsburgh-Beaver Valley nonattainment area

because the area is no longer in attainment for ozone.

DATES: Comments must be received on or before March 13, 1996.

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, at the

EPA Region III office, or via e-mail at [email protected].

While information may be requested via e-mail, comments must be

submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION:

I. Background

In a memorandum dated May 10, 1995, from John 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 stated

that 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 certain SIP

submissions if an ozone nonattainment area subject to those

requirements is monitoring attainment of the ozone standard.

On the basis of this memo, EPA determined, in a direct final rule

(DFR) published on May 26, 1995 (60 FR 27893), that the Pittsburgh-

Beaver Valley and Reading ozone nonattainment areas had attained the

standard and that the requirements of section 182(b)(1) concerning the

submission of a 15% RFP plan and ozone attainment demonstration and the

requirements of section 172(c)(9) concerning contingency measures no

longer applied, so long as these areas did not violate the ozone

standard. In addition, EPA determined that the sanctions clocks started

on January 18, 1994, for these areas for failure to submit the RFP

requirements were stopped since the deficiencies for which they were

commenced no longer applied.

At the same time that EPA published the DFR, a separate notice of

proposed rulemaking (NPR) was published in the Federal Register (60 FR

27945) in the event that adverse comments were filed which would

require EPA to withdraw the DFR. EPA received adverse comments within

30 days of publication of the proposed rule and withdrew the DFR on

June 13, 1995 (60 FR 31081).

On July 19, 1995, EPA published a final determination (60 FR

37015) that the Pittsburgh-Beaver Valley and Reading ozone

nonattainment areas had attained the ozone standard and that the SIP

requirements for reasonable further progress and attainment

demonstrations no longer applied so long as these areas did not violate

the ozone standard. The notice also stated that the sanctions clocks

started on January 18, 1994, for these areas for failure to submit the

RFP requirements were stopped. (The effective date of the final

determination occurred one day after the sanction clocks expired and

these areas were, in fact, under the offset sanction at the time of

EPA's final determination. However, the sanctions were lifted as a

result of EPA's final determination for the same reason that the final

determination would have stopped the sanctions clocks).

The specific rationale and air quality analysis EPA used to

determine that the Pittsburgh-Beaver Valley and Reading ozone

nonattainment areas had attained the NAAQS for ozone and were not

required to submit SIP revisions for RFP, attainment demonstration and

related requirements were explained in the May 26, 1995, DFR and will

not be restated here. Regarding the consequences of subsequent

violations, however, that DFR stated that if either of these areas

violated the standard, the basis for the determination that the area

need not make the pertinent SIP revisions would no longer exist.

Furthermore, such a determination of nonattainment would mean that the

area would have to address the pertinent SIP requirements within a

reasonable amount of time. In fact, the DFR stated that a determination

that an area need not submit these SIP requirements is, in effect, a

suspension of these requirements for so long as the area continues to

attain the standard. For both the Pittsburgh-Beaver Valley and Reading

nonattainment areas, a final determination that a violation occurred

would cause sanctions to be reinstated one day into the 2:1 offset

sanction period.

II. 1995 Violation of the NAAQS for Ozone in the Pittsburgh-Beaver

Valley Area

EPA has reviewed the 1995 ambient air quality data (consistent with

the requirements contained in 40 CFR part 58 and recorded in AIRS) for

the Pittsburgh-Beaver Valley ozone nonattainment area, and determined

that the area is no longer in attainment. During the 1995 ozone season

two monitors in the Pittsburgh area recorded violations of the ozone

NAAQS. In addition, ambient air quality monitors in the Pittsburgh-

Beaver Valley area recorded 17 exceedances of the ozone standard. The

current design value for the Pittsburgh-Beaver Valley nonattainment

area, computed using the ozone monitoring data for 1993 through 1995,

is 133 parts per billion (ppb). The average annual number of expected

exceedances is 8.2 for that same time period. An area is considered in

nonattainment when the average annual number of expected exceedances is

greater than 1.0. A more detailed summary of the ozone monitoring data

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

notice.

PROPOSED ACTION: Due to the monitored violations of the ozone standard,

EPA has determined that the air quality in the Pittsburgh-Beaver Valley

moderate ozone nonattainment area is no longer attaining the ozone

standard. As a consequence, EPA is proposing to reinstate the

requirements of section 182(b)(1) concerning the submission of the 15%

RFP plan and ozone attainment demonstration and the requirements of

section 172(c)(9) concerning contingency measures. In order to provide

a reasonable time for the State to develop and submit these SIP

elements, EPA is proposing August 15, 1996, as the effective date for

revoking the determination of attainment, reinstating these SIP

requirements, and reinstating sanctions and the sanctions period in

effect as of July 19, 1995. Thus, the offset sanction would go back

into effect on that day and the highway sanction clock would be

reinstated where it was stopped on July 19, 1995 (i.e., with

approximately 6 months remaining). Sanctions will not be

[[Page 5362]]

imposed if the Commonwealth submits a 15% plan, attainment

demonstration and related contingency measures for the Pittsburgh-

Beaver Valley nonattainment area that EPA finds complete prior to

August 15, 1996, since the deficiency for which sanctions were imposed

will no longer exist. If the Commonwealth fails to make these

submittals before the proposed effective date, sanctions will be

imposed until EPA receives the submittals and deems them complete.

EPA believes that, under the circumstances presented here, setting

an effective date of August 15, 1996, would provide the Commonwealth a

reasonable amount of time to submit a 15% RFP plan, ozone attainment

demonstration and contingency measures.

EPA's belief is based on the fact that by August 15, 1996, more

than a year will have passed since the occurrence of violations that

resulted in reinstatement of these requirements. EPA's May 26, 1995,

DFR and July 19, 1995, final determination put the Commonwealth on

notice that these requirements would be reinstated if a violation

occurred. Since the Commonwealth has been aware of the violations and

their consequences since last summer, EPA believes that August 15,

1996, constitutes sufficient time for the Commonwealth to prepare to

meet the reactivated requirements.

EPA is soliciting public comments on the issues discussed in this

document or on other relevant matters. These comments will be

considered before taking final action. Interested parties may

participate in the Federal rulemaking procedure by submitting written

comments to the EPA Regional office listed in the ADDRESSES section of

this document.

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

reinstates previously applicable requirements that had been suspended.

Therefore, because this document does not impose any new requirements,

I certify that it does not have a significant impact on any small

entities affected.

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

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 proposed action 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 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.

The Administrator's decision to determine that the Pittsburgh-

Beaver Valley ozone nonattainment area is no longer attaining the NAAQS

for ozone will be based on whether it meets the requirements of section

110(a)(2)(A)-(K) and part D of the Clean Air Act, as amended, and EPA

regulations in 40 CFR Part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

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

Dated: January 30, 1996.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 96-2973 Filed 2-9-96; 8:45 am]

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