Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 / Proposed Rules 32173

1The Liberty Borough PM–10 nonattainment area

is comprised of the City of Clairton and the

Boroughs of Glassport, Liberty, Lincoln, and Port

Vue.

2See 61 FR 29664.

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; and the

Allegheny County Health Department,

Bureau of Environmental Quality,

Division of Air Quality, 301 39th Street,

Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT:

Denis M. Lohman, (215) 566–2192, or by

e-mail at

lohman.denny@epamail.epa.gov. While

requests for information may be made

via e-mail, comments for EPA

consideration regarding this proposal

must be submitted in writing to the

address indicated above.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title (pertaining to

source-specific requirements for the

USX Clairton Coke Works in the Liberty

Borough PM–10 nonattainment area)

which is located in the Rules and

Regulations Section of this Federal

Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Particulate matter.

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

Dated: May 28, 1998.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 98–15584 Filed 6–11–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SIPTRAX PA039/067–4072; FRL–6107–9]

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: Proposed rule and withdrawal

of proposed rule.

SUMMARY: EPA is proposing to approve

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 nonattainment area.

In fact, EPA is reproposing to approve

the attainment demonstration because

the Allegheny County Health

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 was in effect at the time of

the submittal, and because its analyses

have been corroborated by monitored air

quality data. EPA is proposing to

approve 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.

Because EPA is reproposing approval

of the attainment demonstration portion

of the attainment plan for the Liberty

Borough area, it is withdrawing its

earlier April 11, 1995 (60 FR 18385)

proposal to approve the County’s

attainment demonstration. Any

interested parties who would like to

comment on EPA’s reproposal to

approve the attainment demonstration

and its proposal to approve the

contingency measures for the Liberty

Borough area should do so at this time

by following the directions below.

Elsewhere in the Proposed Rules

section of today’s Federal Register, EPA

is also proposing to find that the Liberty

Borough area has attained the NAAQS

for particulate matter and is

withdrawing an earlier proposal to find

that the area did not attain the NAAQS.

In the Final Rules section of today’s

Federal Register, EPA is taking direct

final action to approve source-specific

control requirements for the USX

Clairton Coke Works which further

strengthen the SIP for Liberty Borough

area.

DATES: Comments must be received on

or before July 13, 1998.

ADDRESSES: Comments may be mailed to

Makeba Morris, Chief, Technical

Assessment Branch, Mailcode 3AP22,

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 Protection Division,

U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; 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:

Denis M. Lohman, (215) 566–2192, or by

e-mail at

lohman.denny@epamail.epa.gov. While

requests for information may be made

via e-mail, comments for EPA

consideration regarding this proposal

must be submitted in writing to the

address indicated above.

SUPPLEMENTARY INFORMATION:

I. Background

On January 6, 1994, the Pennsylvania

Department of Environmental Protection

(PADEP) submitted an attainment plan

to EPA on behalf of Allegheny County

for the Liberty Borough PM–10

nonattainment area.1 (PM–10 is

particulate matter smaller than 10

microns in diameter.) The purpose of

this revision to the PADEP’s SIP is to

fulfill the requirements under section

189 of the Act for a regulatory plan to

attain the PM–10 NAAQS and to submit

a demonstration (including air quality

modeling) that the plan is sufficient to

attain this goal. These ‘‘Part D’’

requirements are described in more

detail in the technical support

document (TSD) to this rulemaking.

Copies of the TSD are available, upon

request, from the EPA Regional office

listed in the ADDRESSES section of this

document.

On April 11, 1995, EPA proposed to

approve the January 1994 attainment

plan submittal, as well as two SIP

revisions that the Commonwealth had

submitted previously (see 60 FR 18385).

The attainment plan consisted of

regulatory requirements to reduce PM–

10 emissions and an attainment

demonstration. After EPA proposed to

approve the demonstration, the County

reported that the PM–10 NAAQS had

been exceeded twice in March of 1995.

These exceedances called the County’s

attainment demonstration into question,

and, although EPA took final action 2 to

approve the regulatory portion of the

attainment plan (which included limits

on a variety of industrial sources), to

make these regulations part of the SIP

and federally enforceable, EPA took no

action on the attainment demonstration

at that time.

On July 12, 1995, PADEP submitted

contingency measures to EPA for the

Liberty Borough area. Contingency

measures, as required by section

172(c)(9) of the Act, are enforceable

emission limitations and/or emission

reduction measures, beyond what was
32174 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 / Proposed Rules

3See 62 FR 38652.

4This demonstration did not account for the

additional emission reduction requirements on USX

Clairton contained in the SIP-strengthening, ‘‘postsettlement’’ SIP revision being approved in the

Final Rules section of today’s Federal Register .

required to demonstrate attainment, that

must go into effect upon a finding by

EPA that an area has failed to attain the

particulate matter NAAQS.

On July 18, 1997, EPA revised the

NAAQS for particulate matter.3 In this

notice, however, ‘‘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.

II. Statutory, Regulatory and Settlement

Requirements

As noted above, areas that became

nonattainment for PM–10 by operation

of the Clean Air Act Amendments of

1990 must submit a demonstration

(including air quality modeling)

showing that the plan will provide for

attainment of the PM–10 NAAQS as

expeditiously as practicable but no later

than December 31, 1994. (See section

189(a)(1)(B) of the Act.) Alternatively,

the State may show that attainment by

December 31, 1994 is impracticable. The

24-hour PM–10 NAAQS is 150

micrograms/cubic meter (μg/m3), and

the standard is attained when the

expected number of days per calendar

year with a 24-hour average

concentration greater than 150 μg/m 3 is

equal to or less than one. The annual

PM–10 NAAQS is 50 μg/m 3, and the

standard is attained when the expected

annual arithmetic mean concentration is

less than or equal to 50 μg/m 3 (see 40

CFR 50.6). The requirements for

approvable attainment demonstrations

are found in 40 CFR 51, Appendix W,

the Guideline on Air Quality Models.

On February 21, 1996, the Group

Against Smog and Pollution (GASP), a

citizen’s environmental group, sued

EPA in order to compel Agency action

on a number of planning activities

regarding the Liberty Borough area. The

settlement of this suit requires, among

other things, that EPA to take action on

the County’s attainment demonstration

by March 31, 1998, in light of air quality

data collected from 1995 through 1997.

The TSD includes a detailed summary

of the Settlement Agreement’s

provisions.

Section 172(c)(9) of the Act, requires

that all moderate nonattainment area

SIPs that demonstrate attainment must

include contingency measures. These

measures must take effect without

further regulatory action by the State or

EPA, upon a determination by EPA that

the area has failed to make reasonable

further progress toward attainment or

has failed to attain the PM–10 NAAQS

by the applicable statutory attainment

date. Contingency measures should

consist of other available measures that

are not already part of the area’s control

strategy, and should contain emission

reductions representing approximately

one year or reasonable further progress

toward attainment (see the General

Preamble to Title I of the Clean Air Act

Amendments of 1990, especially 57 FR

13543–13544).

III. The State Submittals

Allegheny County produced an

attainment demonstration for the

Liberty Borough area using air quality

modeling. The demonstration showed

that the NAAQS for PM–10 would be

attained beginning in 1995 and

maintained in future years. Allegheny

County’s analysis shows that, even if all

sources emitted at their maximum

allowable emission rates, the 24-hour

PM–10 concentration would not exceed

150 μg/m 3 more than once per year.4

Similarly, the demonstration shows

that, in the attainment year, the annual

PM–10 concentration will not exceed

the annual PM–10 NAAQS of 50 μg/m3.

No separate analysis to demonstrate that

the PM–10 NAAQS will be maintained

in future years was necessary because

the population of the Liberty Borough is

decreasing.

Section 189(e) of the Act requires that

all Part D control requirements

applicable to PM–10 (e.g., RACT, new

source review) must also apply to PM–

10 precursors. The County’s analysis,

submitted by PADEP, demonstrated that

while locally emitted sulfur dioxide was

a significant precursor to ambient PM–

10, volatile organics and nitrogen oxides

were not. Therefore, according to the

County’s analysis, the PM–10 control

requirements, pursuant to Part D section

189(e) of the Act, should apply to sulfur

dioxide but not to volatile organics or

nitrogen oxides. EPA is reproposing to

approve Allegheny County’s attainment

demonstration for the Liberty Borough

area, submitted by PADEP, because the

demonstration is technically sound and

comports with 40 CFR Part 51,

Appendix W (the Guideline on Air

Quality Models). In addition, the most

recent three full years of air quality data

indicate that the area is attaining the

NAAQS. The TSD for this proposal

provides a detailed description of EPA’s

rationale for proposing to approving the

County’s attainment demonstration for

the Liberty Borough area. For additional

information, see EPA’s April 11, 1995

proposed approval (60 FR 18385). The

TSD for that proposal is also available

upon request from the EPA Regional

Office listed in the ADDRESSES section,

above.

The County’s contingency measures,

submitted by PADEP, consist of an

amendment to section 2105.21.e of

Article XXI. It requires that within 30

days following a notice by the ACHD

that EPA has made a finding that the

area has not attained the NAAQS, USX’s

Clairton Coke Works (the largest source

of PM–10 in the nonattainment area)

shall improve procedures to capture

pushing emissions by holding hot coke

under the hood of the pushing

emissions control device for at least 67

seconds immediately after the pusher

ram begins to move and the damper to

the PEC device is opened, or for at least

15 seconds immediately following the

fall of the last coke into the coke car,

whichever is longer. This provision is

applicable to all USX-Clairton batteries

except Battery B (which is equipped

with a coke-side shed). EPA is

proposing to approve this submittal

because it fulfills the requirements of

section 172(c)(9), as described above.

IV. Proposed Action

EPA is reproposing to approve the

attainment demonstration portion of the

attainment plan for the Liberty Borough

PM–10 nonattainment area. EPA is also

proposing to find that the PM–10

precursor requirements of 189(e) of the

Act do not apply to volatile organic

compounds or to nitrogen oxides and

that they do apply for sulfur dioxide. In

addition, EPA is proposing to approve

the July 12, 1995 contingency measures

submittal for the area. EPA is

withdrawing its prior April 11, 1995

proposal to approve the County’s

attainment demonstration for the

Liberty Borough area, because three

years of air quality data are now

available to corroborate the County’s

demonstration, and this data provides

further information not available at the

time of the 1995 proposal.

Nothing in this proposal should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic and environmental

factors and in relation to relevant

statutory and regulatory authority.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.
Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 / Proposed Rules 32175

B. Executive Order 13045

The proposed 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.

C. 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, the

Administrator 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).

D. 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 proposed 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.

The Administrator’s decision to

approve or disapprove this SIP revision

for the Liberty Borough PM–10

nonattainment area revision 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,

Nitrogen dioxide, particulate matter,

Sulfur oxide.

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

Dated: May 28, 1998.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 98–15582 Filed 6–11–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 24

[FHWA Docket No. FHWA–98–3379]

RIN 2125–AE34

Uniform Relocation Assistance and

Real Property Acquisition Regulations

for Federal and Federally Assisted

Programs

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM); request for comments.

SUMMARY: This proposal would

implement several amendments to the

Uniform Relocation Assistance and Real

Property Acquisition Policies Act

(Uniform Act), 42 U.S.C. 4601–4655,

that were made by Pub. L. 105–117,

enacted on November 21, 1997. Those

amendments provide that an alien not

lawfully present in the United States

shall not be eligible to receive relocation

payments or any other assistance

provided under the Uniform Act, unless

such ineligibility would result in

exceptional and extremely unusual

hardship to the alien’s spouse, parent,

or child, and such spouse, parent, or

child is a citizen or an alien admitted

for permanent residence. The

amendments direct the lead agency (the

FHWA) to promulgate implementing

regulations within one year of their

enactment. If promulgated, this rule

would apply to the Uniform Act

activities of all Federal departments and

agencies that are covered by the Act.

DATES: Comments must be received on

or before August 11, 1998.

ADDRESSES: Your signed, written

comments must refer to the docket

number appearing at the top of this

document and you must submit the

comments to the Docket Clerk, U.S.

DOT Dockets, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001. All comments received

will be available for examination at the

above address between 10 a.m. and 5

p.m., e.t., Monday through Friday,

except Federal holidays. Those desiring

notification of receipt of comments must

include a self-addressed, stamped

envelope or post card.

FOR FURTHER INFORMATION CONTACT:

Marshall Schy, Office of Right-of-Way,

(202) 366–2035; or Reid Alsop, Office of

the Chief Counsel, HCC–31, (202) 366–

1371, Federal Highway Administration,

400 Seventh Street, SW., Washington,

DC 20590. Office hours are from 7:45

a.m. to 4:15 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

Internet users can access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL): http:/

/dms.dot.gov. It is available 24 hours

each day, 365 days each year. Please

follow the instructions online for more

information and help.

An electronic copy of this document

may be downloaded by using a modem

and suitable communications software

from the Federal Register Electronic

Bulletin Board Service at (202) 512–

1661. Internet users may reach the

Federal Register’s home page at: http:/

/www.nara.gov/nara/fedreg and the

Government Printing Office’s database

at: http://www.access.gpo.gov/suldocs.

Background

The Uniform Act designates the

Department of Transportation (the

Department) as the lead agency for

implementing the Uniform Act. The

Department has delegated this

responsibility to the FHWA (49 CFR

1.48 (cc)). Pursuant to section 213 of the

Uniform Act, the FHWA promulgated a

single governmentwide regulation for

implementing the Uniform Act, at 49

CFR part 24. That regulation was

developed with the active cooperation