Pennsylvania Attainment Date Extension for the Pittsburgh-Beaver Valley Ozone Nonattainment Area; PA and VA Determination of Valid Air Quality Data

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[PA034-4054a; FRL-5688-7]

Pennsylvania Attainment Date Extension for the Pittsburgh-Beaver

Valley Ozone Nonattainment Area; PA and VA Determination of Valid Air

Quality Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is extending the attainment date for the Pittsburgh-Beaver

Valley moderate ozone nonattainment area in Pennsylvania from November

15, 1996 to November 15, 1997. This extension is based in part on

monitored air quality readings for the national ambient air quality

standard (NAAQS) for ozone during 1996. Accordingly, EPA is updating

the table in 40 CFR part 81 concerning attainment dates in the

Commonwealth of Pennsylvania. EPA is also announcing its determination

that air quality data collected during 1996 indicates attainment of the

ozone NAAQS in the Reading, Pennsylvania and the Richmond, Virginia

moderate ozone nonattainment areas by the November 15, 1996 deadline

for moderate areas.

DATES: This extension becomes effective April 11, 1997 unless within

March 27, 1997 adverse or critical comments are received. 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, 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;

Pennsylvania Department of Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania

17105; and the Virginia Department of Environmental Quality, 629 East

Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Marcia L. Spink at (215) 566-2104, or

by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Request for Attainment Date Extension for the Pittsburgh-Beaver

Valley Area

On November 25, 1996, the Commonwealth of Pennsylvania requested a

one-year attainment date extension for the Pittsburgh-Beaver Valley

moderate ozone nonattainment area. This area, which consists of

Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and

Westmoreland Counties, is currently designated a moderate ozone

nonattainment area. The statutory ozone attainment date, as prescribed

by section 181(a) of the Clean Air Act as amended in 1990 (``the

Act''), was November 15, 1996.

CAA Requirements and EPA Actions Concerning Designation and

Classification

Section 107(d)(4) of the Act required the States and EPA to

designate areas as attainment, nonattainment, or unclassifiable for

ozone as well as other pollutants for which national ambient air

quality standards (NAAQS) have been set. Section 181(a)(1) required

that ozone nonattainment areas be classified as marginal, moderate,

serious, severe, or extreme, depending on their air quality.

In a series of Federal Register documents, EPA completed this

process by designating and classifying all areas of the country for

ozone. See, e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30,

1992); 59 FR 18967 (April 21, 1994).

Areas designated nonattainment for ozone are required to meet

attainment dates specified under the Act. The Pittsburgh-Beaver Valley,

Pennsylvania ozone nonattainment area was designated nonattainment and

classified moderate for ozone pursuant to 56 FR 58694 (Nov. 6, 1991).

By this classification, its attainment date became November 15, 1996. A

discussion of the attainment dates is found in 57 FR 13498 (April 16,

1992) (the General Preamble).

CAA Requirements and EPA Actions Concerning Meeting the Attainment Date

Section 181(b)(2)(A) requires the Administrator, within six months

of the attainment date, to determine whether ozone nonattainment areas

attained the NAAQS. For ozone, EPA determines attainment status on the

basis of the expected number of exceedances of the NAAQS over the

three-year period up to, and including, the attainment date. See

General Preamble, 57 FR 13506. In the case of ozone moderate

nonattainment areas, the three-year period is 1994-1996. CAA section

181(b)(2)(A) further states that, for areas classified as marginal,

moderate, or serious, if the Administrator determines that the area did

not attain the standard by its attainment date, the area must be

reclassified upwards.

However, CAA section 181(a)(5) provides an exemption from these

bump up requirements. Under this exemption, EPA may grant up to two

one-year extensions of the attainment date under specified conditions:

Upon application by any State, the Administrator may extend for

1 additional year (hereinafter referred to as the ``Extension

Year'') the date specified in table 1 of paragraph (1) of this

subsection if--

(A) the State has complied with all requirements and commitments

pertaining to the area in the applicable implementation plan, and

(B) no more than 1 exceedance of the national ambient air

quality standard level for ozone has occurred in the area in the

year preceding the Extension Year.

No more than 2 one-year extensions may be issued under this

paragraph for a single nonattainment area.

EPA interprets this provision to authorize the granting of a one-

year extension under the following minimum conditions: (1) The State

requests a one-year extension, (2) all requirements and commitments in

the EPA-approved SIP for the area have been complied with, and (3) the

area has no more than one measured exceedance of the NAAQS during the

year that includes the attainment date (or the subsequent year, if a

second one-year extension is requested).

A review of the actual ambient air quality ozone data from the EPA

Aerometric Information Retrieval System (AIRS), shows that six air

quality monitors located in the Pittsburgh-Beaver Valley ozone

nonattainment area recorded exceedances of the NAAQS for ozone during

the three year period from 1994 to 1996. At three of these monitors,

the number of expected exceedances was greater than 1.0 per year, and

therefore constituted a violation of the ozone NAAQS.

However, in its November 25, 1996 request, the Commonwealth of

Pennsylvania certified that the Pittsburgh-Beaver Valley area monitored

no exceedances during 1996. The 1996 monitoring data has been quality

controlled and quality assured. EPA has determined that the

requirements for a one-year extension of the attainment date have been

fulfilled as follows:

(1) Pennsylvania has formally submitted the attainment date

extension request.

(2) Pennsylvania is currently implementing the EPA-approved SIP.

[[Page 8390]]

(3) Pennsylvania has certified that the area has monitored no

exceedances during 1996.

Therefore, EPA approves Pennsylvania's attainment date extension

request for the Pittsburgh-Beaver Valley ozone nonattainment area. As a

result, the chart in 40 CFR 81.339 entitled ``Pennsylvania--Ozone'' is

being modified to reflect EPA's approval of Pennsylvania's attainment

date extension request.

Determination of Validated Air Quality Data for the Reading, PA and

Richmond, VA Moderate Ozone Nonattainment Areas

EPA has determined that both Pennsylvania and Virginia have

validated as accurate the 1994, 1995 and 1996 ozone air quality data

indicating attainment of the ozone standard in the Reading, PA and

Richmond, VA moderate ozone nonattainment areas. Therefore, EPA has

determined that the Reading, Pennsylvania and Richmond, Virginia areas

have met the November 15, 1996 attainment date for moderate areas

specified in the Act. Although EPA has determined that the Reading,

Pennsylvania and Richmond, Virginia areas have air quality data

indicating that the NAAQS for ozone has been attained, today's action

does not formally redesignate these areas to attainment. Any moderate

area which has attained the ozone NAAQS will remain designated

nonattainment and classified moderate until a formal redesignation

request and maintenance plan is submitted and EPA fully approves it.

Complying with specific ambient air quality standards is only the first

step toward being officially redesignated to ``attainment''.

``Attainment'' is a legal term defined under the Act which determines

whether an area is subject to certain emission control requirements

proscribed by the Act. There are redesignation requests currently

pending before EPA for both of these areas. EPA shall act upon those

requests submitted by the Commonwealths of Pennsylvania and Virginia

for their respective areas in separate rulemaking documents.

EPA Action

EPA is approving the attainment date extension for the Pittsburgh-

Beaver Valley moderate ozone nonattainment area from November 15, 1996

to November 15, 1997 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 this part 81 action should

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

April 11, 1997 unless, by March 27, 1997 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 April 11, 1997.

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.

Administrative Requirements

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

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.

Extension of an area's attainment date under the CAA does not

impose any new requirements on small entities. Extension of an

attainment date is an action that affects a geographical area and does

not impose any regulatory requirements on sources. EPA certifies that

the approval of the attainment date extension will not affect a

substantial number of small entities.

C. Unfunded Mandates

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 aggregate; or to

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 imposes no new

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

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

D. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by

section 804(2).

E. Petitions for Judicial 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 April 28, 1997. 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 grant Pennsylvania an extension to

attain the ozone NAAQS in the Pittsburgh/Beaver

[[Page 8391]]

Valley ozone nonattainment area as defined in 40 CFR 81.339 may not be

challenged later in proceedings to enforce its requirements. (See

section 307(b)(2).)

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Dated: February 5, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

Part 81 of 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.

2. In Sec. 81.339, the ``Pennsylvania--Ozone'' table is amended by

revising the entry for ``Pittsburgh-Beaver Valley Area'' to read as

follows:

Sec. 81.339 Pennsylvania.

* * * * *

Pennsylvania--Ozone

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

Designation Classification

Designated area ---------------------------------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

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

* * * * * * *

Pittsburgh-Beaver Valley Area:

Allegheny County................................ .............. Nonattainment .............. Moderate.\2\

Armstrong County................................ .............. Nonattainment .............. Moderate.\2\

Beaver County................................... .............. Nonattainment .............. Moderate.\2\

Butler County................................... .............. Nonattainment .............. Moderate.\2\

Fayette County.................................. .............. Nonattainment .............. Moderate.\2\

Washington County............................... .............. Nonattainment .............. Moderate.\2\

Westmoreland County............................. .............. Nonattainment .............. Moderate.\2\

* * * * * * *

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

\1\ This date is November 15, 1990, unless otherwise noted.

\2\ Attainment date extended to 11/15/97.

[FR Doc. 97-4119 Filed 2-24-97; 8:45 am]

BILLING CODE 6560-50-P