Air quality implementation plans; approval and promulgation; various States: Pennsylvania,

[Federal Register: September 8, 1998 (Volume 63, Number 173)]

[Rules and Regulations]

[Page 47434-47436]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08se98-9]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA039/067-4077; FRL-6149-1]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania: Attainment Demonstration and Contingency Measures for the Liberty Borough PM-10 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving State Implementation Plan (SIP) revisions submitted by the Pennsylvania Department of Environmental Protection (PADEP) consisting of an attainment demonstration and contingency measures for Allegheny County, Pennsylvania's Liberty Borough particulate matter moderate nonattainment area. EPA is approving the attainment demonstration because the Allegheny County Healthy Department's (ACHD) modeling analysis (submitted as a SIP revision by PADEP) adequately demonstrates that the regulatory portion of the attainment plan is sufficient to attain and maintain the National Ambient Air Quality Standards (NAAQS) for particulate matter that were in effect at the time of the submittal, and because its analyses have been corroborated by monitored air quality data. EPA is approving the contingency measures for the area because they satisfy the requirements of the Clean Air Act (the Act). EPA approved the regulatory portion of the attainment plan for the Liberty Borough area as a SIP revision in an earlier rulemaking action. Elsewhere in today's Federal Register, EPA has published its determination that the Liberty Borough area has attained the NAAQS for particulate matter. In an earlier action, EPA approved source-specific control requirements for the USX Clairton Coke Works which further strengthen the SIP for the Liberty Borough area.

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

ADDRESSES: Copies of the 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: the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460; the Allegheny County Health Department, Department of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201; and Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp (215) 814-2191, or by e- mail at knapp.ruth@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: On January 6, 1994, the Pennsylvania Department of Environmental Protection (PADEP) submitted an attainment plan

[[Page 47435]]

to EPA on behalf of the Allegheny County Health Department (ACHD) for the Liberty Borough PM-10 nonattainment area.‹SUP›1‹/SUP› PM-10 is particulate matter smaller than 10 microns in diameter. On July 12, 1995, PADEP submitted contingency measures to EPA on behalf of the ACHD for the Liberty Borough PM-10 nonattainment area. These two revisions to the Pennsylvania SIP were submitted to fulfill the Act's requirements for an attainment plan consisting of regulatory control measures, an attainment demonstration (including air quality modeling) that the regulations are sufficient to attain the PM-10 NAAQS, and contingency measures. These ``Part D'' requirements are described in more detail in the technical support document (TSD) prepared by EPA to support this rulemaking. Copies of the TSD are available, upon request, from the EPA Regional office listed in the ADDRESSES section of this notice.

\1\ The Liberty Borough PM-10 nonattainment area is comprised of the City of Clairton and the Boroughs of Glassport, Liberty, Lincoln, and Port Vue.

As stated above, EPA previously took final action ‹SUP›2‹/SUP› to approve the regulatory portion of the attainment plan which included control measures for a variety of industrial sources. That action made those measures part of the SIP and federally enforceable. On June 12, 1998 (63 FR 32173), EPA published a notice of proposed rulemaking (NPR) proposing approval of the attainment demonstration and contingency measures portions of the attainment plan for the Liberty Borough PM-10 nonattainment area. The rationale for EPA's action was explained in the NPR and will not be restated here. No public comments were received on the NPR.

\2\ See 61 FR 29664.

Please note that while EPA revised the NAAQS for particulate matter ‹SUP›3‹/SUP› on July 18, 1997, in this notice the terms ``NAAQS'' and ``PM-10 NAAQS'' refer to the previously existing NAAQS that were in effect at the time that the attainment plan was required and submitted.

\3\ See 62 FR 38652.

Final Action

EPA is approving the attainment demonstration and the contingency measures as a revision to the Pennsylvania SIP. 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 a 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

1. Executive Orders 12866 and 13045

   The Office of Management and Budget (OMB) has exempted this regulatory action from E.O. 12866 review. The final rule 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.

2. 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.

   SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not impose any new requirements, EPA certifies that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the Federal-State relationship under the CAA, preparation of a flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

3. 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 being 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 approves 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 action.

4. 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 rule 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 rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

5. Petitions for Judicial Review

   Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action to approve the Liberty Borough PM-10 attainment demonstration and contingency measures must be filedin the United States Court of Appeals for the appropriate circuit by November 9, 1998. Filing a petition for reconsideration of this final rule does not affect the finality of this rule for the purposed 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 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

   List of Subjects in 40 CFR Part 52

   Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter.

   [[Page 47436]]

   Dated: August 13, 1998. W. Michael McCabe, Regional Administrator, Region III.

   40 CFR Part 52 is amended as follows:

   PART 52--[AMENDED]

   1. The authority citation for part 52 continues to read as follows:

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

      Subpart NN--Pennsylvania

   2. Section 52.2020 is amended by adding paragraphs (c)(135) to read as follows:

      Sec. 52.2020 Identification of plan.

      * * * * *

      (c) * * *

      (135) Revisions to the Pennsylvania State Implementation Plan consisting of contingency measures for USX Clairton in the Liberty Borough PM-10 Nonattainment Area, submitted on July 12, 1995 by the Pennsylvania Department of Environmental Protection:

      (i) Incorporation by reference.

      (A) Letter of July 12, 1995 from the Pennsylvania Department of Environmental Protection transmitting a SIP revision for contingency control measures for USX Clairton Works located in Liberty Borough PM- 10 nonattainment area of Allegheny County.

      (B) Revision to Allegheny County's Article XXI applicable to USX's Clairton Coke Works, effective July 11, 1995 specifically:

      (1) Revisions to section 2105.21.e included in Appendix 34 which require improved procedures to capture pushing emissions for all USX- Clairton batteries except Battery B.

      (ii) Additional Material--Remainder of the July 12, 1995 submittal.

   3. Section 52.2059 is amended by adding paragraph (b) to read as follows:

      Sec. 52.2059 Control strategy: particulate matter.

      * * * * *

      (b) EPA approves the PM-10 attainment demonstration for the Liberty Borough Area of Allegheny County submitted by the Pennsylvania Department of Environmental Protection on January 6, 1994.

      [FR Doc. 98-24040Filed9-4-98; 8:45 am]

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