Determination of Attainment of the Air Quality for PM-10 in the Liberty Borough, Pennsylvania Area

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6149-3]

Determination of Attainment of the Air Quality for PM-10 in the

Liberty Borough, Pennsylvania Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Finding of attainment.

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

SUMMARY: EPA has determined that the air quality in the Liberty

Borough, Pennsylvania area has attained national ambient air quality

standards (NAAQS) for particulate matter of nominal aerodynamic

diameters smaller than 10 micrometers (PM-10). This finding is based on

monitored air quality data for the area during the years 1995-1997.

Elsewhere in the Final Rules section, EPA is approving the attainment

demonstration and contingency measures submitted by the Pennsylvania

Department of Environmental Protection (PADEP) on behalf of the

Allegheny County Health Department (ACHD). These state implementation

plan (SIP) revisions demonstrate that the attainment plan for the

Liberty Borough area is sufficient to attain and maintain the NAAQS. In

a previous final rulemaking, EPA also approved a SIP revision requiring

additional control measures at the USX Clairton coke works.

EFFECTIVE DATE: This finding is effective on October 8, 1998.

ADDRESSES: Copies of documents relevant to this action are available

for public inspection during normal business hours at the Air

Protection Division, U.S. Environmental Protection Agency, Region III,

1650 Arch Street, Philadelphia, Pennsylvania 19103; Pennsylvania

Department of Environmental Protection, Bureau of Air Quality, P. O.

Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; Allegheny

County Health Department, Department of Air Quality, 301 39th Street,

Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp (215) 814-2191, or by e-

mail at [email protected].

SUPPLEMENTARY INFORMATION: On June 12, 1998 (63 FR 32205) EPA published

a notice announcing its proposed finding that the air quality in the

Liberty Borough, Pennsylvania moderate nonattainment area has attained

national ambient air quality standards (NAAQS) for particulate matter

of nominal aerodynamic diameters smaller than 10 micrometers (PM-10).

No comments were submitted on the proposed finding. The rationale for

EPA's finding was explained in the proposal and will not be restated

here. While EPA revised the NAAQS for particulate matter on July 18,

1997, in this notice the terms ``NAAQS'' and ``PM-10 NAAQS'' refer only

to the previously existing NAAQS.

Final Determination

EPA finds, pursuant to section 188(b)(2), that the Liberty Borough

moderate nonattainment area has attained the NAAQS for PM-10.

Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget (OMB) has exempted this finding

from E.O. 12866 review. This finding is not subject to E.O. 13045,

entitled ``Protection of Children from Environmental Health Risks and

Safety Risks,'' because it is not an ``economically significant''

action under E.O. 12866.

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. Determinations of attainment under the Clean Air Act do not

impose any new requirements on small entities. Therefore, EPA certifies

that this determination does not have a significant impact on 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 this

determination of attainment 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 finding of attainment resulted from pre-existing

requirements under State or local law, and imposes no new requirements.

Accordingly, no additional costs to State, local, or tribal

governments, or to the private sector, result from this finding.

EPA's final decision to find that the Liberty Borough area attained

the NAAQS for PM-10 is based on sections 179(c) and 188(b)(2) of the

Clean Air Act, as amended, and EPA regulations in 40 CFR Part 50.

D. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this finding and

other required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This finding is not

a ``major rule'' as defined by 5 U.S.C. 804(2).

Authority: 42 U.S.C. 7401 et seq.

Dated: August 28, 1998.

Thomas C. Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 98-24039 Filed 9-4-98; 8:45 am]

BILLING CODE 6560-50-P