[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8389-8391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4119]



[[Page 8389]]

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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.

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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 <a href="/cdn-cgi/l/email-protection#fd8e8d949396d3909c8f9e949cbd988d9c909c9491d3988d9cd39a928b"><span class="__cf_email__" data-cfemail="f380839a9d98dd9e9281909a92b39683929e929a9fdd968392dd949c85">[email protected]</span></a>.

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              
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          *                  *                  *                  *                  *                  *                  *                           
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


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