29664 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

1On September 19, 1995, EPA published a notice

of proposed rulemaking (60 FR 48439) that

proposes to find, pursuant to section 188(b)(2) of

the Act, that Liberty Borough nonattainment area

has not attained the PM–10 NAAQS by the statutory

attainment date of December 31, 1994.

OEPA submitted revisions to its

particulate matter plan, addressing prior

deficiencies in its plans for Cuyahoga

and Jefferson Counties.

(i) Incorporation by reference.

(A) Rule 3745–17–03—Rule 3745–17–

03—Measurement methods and

procedures, effective November 15,

1995.

(B) Rule 3745–17–04—Compliance

time schedules, effective November 15,

1995.

(C) Rule 3745–17–12—Additional

restrictions on particulate emissions

from specific air contaminant sources in

Cuyahoga County, effective November

15, 1995.

(D) Findings and Orders issued to the

Wheeling-Pittsburgh Steel Corporation,

signed by Donald Schregardus and

effective on October 31, 1995.

(ii) Additional material—Dispersion

modeling analyses for the Steubenville

area and for Cuyahoga County near

Ford’s Cleveland Casting Plant.

[FR Doc. 96–14787 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 52

[SIPTRAX No. PA 20–1–4026; PA 31–1–

4027; PA 39–1–4028; AD–FRL–5463–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania: Partial Approval of PM–

10 Implementation Plan for the Liberty

Borough Area of Allegheny County

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving, in part,

revisions to the Allegheny County

portion for the Pennsylvania State

Implementation Plan (SIP) prepared by

the Allegheny County Health

Department (ACHD) and formally

submitted by the Pennsylvania

Department of Environmental Protection

(PADEP). PADEP submitted the SIP

revisions, in general, to satisfy the Clean

Air Act’s (the Act’s) requirements for

control of particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM–10),

and specifically, to satisfy the Act’s

requirements applicable to the Liberty

Borough area of Allegheny County,

which is classified as a moderate

nonattainment area for the national

ambient air quality standards (NAAQS)

for PM–10. EPA is approving the

regulatory portions the

Commonwealth’s submittals. EPA is

deferring action, at this time, on the

attainment demonstration and

associated air quality analyses portion

of one of the Commonwealth’s

submittals. This action is being taken

under section 110 of the Act.

EFFECTIVE DATE: This final rule will

become effective on July 12, 1996.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air, Radiation,

and Toxics Divisions, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; the

Air and Radiation Docket and

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:

Thomas A. Casey, (215) 566–2194.

SUPPLEMENTARY INFORMATION: On April

11, 1995, EPA published a notice of

proposed rulemaking (NPR) for the

Commonwealth of Pennsylvania (60 FR

18385). The NPR proposed full approval

of three revisions to the Allegheny

County portion of the Pennsylvania SIP:

a November 8, 1988 submittal which

included the adoption of the PM–10

NAAQS and other provisions to satisfy

pre-1990 Clean Air Act Amendment

requirements pertaining to Group III

PM–10 areas; a December 31, 1992

submittal which consisted of regulations

to reduce PM–10 emissions and to limit

visible emissions from several categories

of fugitive dust sources; and a January

6, 1995 submittal which included

revised regulatory provisions to reduce

PM–10 emissions and an attainment

demonstration of the NAAQs for PM–10

with its associated technical air quality

analyses.

Description of Today’s Action

EPA is approving the

Commonwealth’s November 8, 1988

submittal, December 31, 1992 submittal,

and the regulatory portion of the

January 6, 1994 submittal.

The underlying rationale for EPA’s

approval of these submittals is provided

in the April 11, 1995, NPR, referenced

above, as well as in the Technical

Support Document (TSD), and will not

be restated here. Today’s action is

considered a partial approval because

EPA is deferring action at this time on

the attainment demonstration portion of

the January 6, 1994 submittal and its

associated air quality analyses.

EPA is deferring action, at this time,

on the attainment demonstration

portion of the January 6, 1994 submittal

for two reasons. First, EPA received

adverse comments on those aspects on

EPA’s April 11, 1995 proposal related to

the attainment demonstration and air

quality analyses, and is still considering

those comments. Secondly, since the

time EPA’s April 11, 1995 proposal on

the SIP revisions listed above, EPA has

commenced rulemaking to determine

whether or not the Liberty Borough PM–

10 nonattainment area attained the

NAAQS by the December 31, 1994

deadline required for moderate areas.1

Summary of Public Comments

This section summarizes the public

comments that were submitted

regarding EPA’s proposed approval of

the regulatory portions of the SIP

submittals, and provides EPA’s

responses to those comments. The

public comments received regarding

EPA’s proposed approval of the

attainment demonstration portion of the

January 6, 1994 submittal will be not be

discussed in this notice but rather as

part of any future rulemaking actions by

EPA on that attainment demonstration

and its associated air quality analyses.

Nine letters of public comment were

submitted on EPA’s April 11, 1995

proposal (60 FR 18385) which relate to

the regulatory portions of the

Commonwealth’s submittals upon

which EPA is taking final action. These

comments can be divided in to two

major areas: enforcement and general

support.

Enforcement Comment: Three

commenters raised concerns that the

ACHD and the PADEP do not dedicate

sufficient resources to enforcement, do

not inspect coke oven batteries often

enough, and that EPA should, therefore,

disapprove the SIP because the

Commonwealth has not fulfilled its

requirement under section 110(a)(2)(E)

of the Act to provide adequate

personnel to implement the SIP.

Response: EPA has determined that

the Commonwealth of Pennsylvania

satisfies section 110(a)(2)(E) of the Act.

General Support: Four commenters

expressed general support for EPA’s

April 11, 1995 proposed actions.

Final Action: EPA is approving, in

part, revisions submitted by the

Commonwealth of Pennsylvania for the

Allegheny County portion of the

Pennsylvania SIP. Specifically EPA is

approving a November 8, 1988 submittal

which included the adoption of the PM–

10 NAAQS and other provisions to

satisfy the pre-1990 Clean Air Act
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29665

Amendment requirements pertaining to

Group III PM–10 areas; a December 31,

1992 submittal which consisted of

regulations to reduce PM–10 emissions

and to limit visible emissions from

several categories of fugitive dust

sources; and the regulatory portion of a

January 6, 1994 submittal which

included revised and additional

regulatory provisions to reduce PM–10

emissions. EPA is deferring action at

this time on the attainment

demonstration portion of the January 6,

1994 submittal and on its associated air

quality analyses.

EPA has reviewed these requests for

revision of the federally-approved state

implementation plan for conformance

with the provisions of the 1990

amendments enacted on November 15,

1990.

The Agency has determined that this

action conforms with those

requirements irrespective of the fact that

one of the submittals preceded the date

of enactment.

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.

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 that

includes a Federal mandate that may

result in estimated costs to State, local,

or tribal governments in the aggregate;

or to the 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

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

This action ha 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.

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 August 12, 1996.

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 partial

approval of SIP revisions for the Liberty

Borough, Pennsylvania PM–10

nonattainment area 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, Particulate matter.

Dated: April 10, 1996.

William T. Wisniewski,

Acting Regional Administrator.

Chapter I, title 40, of the Code of

Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraphs (c)(90), (c)(91), and

(c)(92) to read as follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(90) Revisions to the Allegheny

County portion of the Pennsylvania SIP

to adopt the PM–10 NAAQS and fulfill

other Group III requirements, submitted

on November 8, 1988 by the

Pennsylvania Department of

Environmental Resources:

(i) Incorporation by reference.

(A) Letter of November 8, 1988 from

the Pennsylvania Department of

Environmental Resources transmitting

revisions to Article XX of Allegheny

County Health Department Rules and

Regulations.

(B) Revisions to the following sections

of Article XX of Allegheny County

Health Department Rules and

Regulations, effective August 22, 1988:

(1) Section 101, Definitions

(definition of ‘‘PM10’’).

(2) Section 109, Ambient Air Quality

Standards.

(3) Section 527, Areas Subject to

Sections 521 through 526 (various

fugitive dust measures).

(4) Section 613, Ambient

Measurements.

(5) Section 704, Episode Criteria.

(6) Section 801, Definitions.

(Definitions of ‘‘Attainment area,’’

‘‘Nonattainment area,’’ ‘‘Significant air

quality impact,’’ and ‘‘Unclassified

area’’)

(7) Appendix 1, Attainment,

Unclassifiable and Nonattainment Areas

of Allegheny County: deleted.

(ii) Additional material.

(A) Remainder of the November 8,

1988 submittal pertaining to the

Allegheny County portion of the

Pennsylvania SIP to adopt the PM–10

NAAQS and fulfill other Group III

requirements.

(91) Revisions to the Allegheny

County portion of the Pennsylvania SIP

to reduce PM–10 emissions and visible

emissions from several categories of

fugitive dust sources, submitted on

December 31, 1992 by the Pennsylvania

Department of Environmental

Resources:

(i) Incorporation by reference.

(A) Letter of December 31 1992 from

the Pennsylvania Department of

Environmental Resources transmitting

revisions to Article XX of Allegheny

county Health Department Rules and

Regulations.

(B) Revisions to the following sections

of Article XX of Allegheny County

Health Department Rules and

Regulations, effective November 1,

1992.

(1) Section 402, Particulate Mass

Emissions (Paragraph A—Fuel Burning

or Combustion Equipment)

(2) Section 520, Coke Ovens

(Paragraph J—Compliance Schedule)

(3) Section 521, Permit Source

Premises.

(4) Section 521.1, Non-Permit Source

Premises.

(5) Section 523, Permit Source

Transport.

(6) Section 523.1, Non-Permit Source

Transport.

(7) Section 524, Construction and

Land Clearing.
29666 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

(8) Section 527, Areas Subject to

Sections 521 through 526.

(9) Section 602, Particulate Matter

(test methods).

(10) Section 606, Visible Emissions

(measurement).

(11) Section 607, Coke Oven

Emissions (measurement).

(12) Section 608, Coke Oven Gas

(measurement of hydrogen sulfide

content).

(ii) Additional material.

(A) Remainder of the December 31,

1992 submittal pertaining to the

Allegheny County portion of the

Pennsylvania SIP to reduce PM–10

emissions and visible emissions from

several categories of fugitive dust

sources.

(92) Revisions to the Allegheny

County portion of the Pennsylvania SIP

to reduce PM–10 emissions including

the newly created Allegheny County

Article XXI which both revised and

added emission reduction requirements

for certain industrial boilers, various

emission points at US Steel’s Clairton

Coke Works and the Glassport

Transportation Center, new definitions

related to coke oven gas emissions, and

new test methods for particulate matter;

submitted by the Pennsylvania

Department of Environmental Resources

on January 6, 1994 and effective

February 1, 1994.

(i) Incorporation by reference.

(A) Letter of January 6, 1994 from the

Pennsylvania Department of

Environmental Resources transmitting

Article XXI of Allegheny County Health

Department Rules and Regulations.

(B) The newly created Article XXI of

Allegheny County Health Department

Rules and Regulations in its entirety,

effective February 1, 1994.

(1) Part A (sections 2101 et seq.),

General, reserved in part:

(i) Section 2101. Short Titles.

(ii) Section 2101.3, Effective Date and

Repealer.

(iii) Section 2101.20, Definitions.

(2) Part B (sections 2102 et seq.),

Installation Permits, reserved.

(3) Part C (sections 2103 et seq.),

Operating Permits and Licenses,

reserved.

(4) Part D (sections 2104 et seq.),

Pollutant Emission Standards, reserved

in part.

(i) Section 2104.6, Particulate Mass

Emissions, replaces section 402 of

Article XX.

(5) Part E (sections 2105 et seq.),

Sources Emission and Operating

Standards, reserved in part.

(i) Section 2105.21, Coke Ovens and

Coke Oven Gas, replaces section 520.B.

through 520.J. and section 530 of Article

XX.

(ii) Section 2105.49, Fugitive

Emissions, replaces section 528 of

Article XX.

(6) Part F (sections 2106 et seq.), Air

Pollution Episodes, reserved.

(7) Part G (sections 2107 et seq.),

Methods, reserved in part:

(i) Section 2107.1, General.

(ii) Section 2107.2, Particulate Matter.

(8) Part H (sections 2108 et seq.),

Compliance, reserved.

(9) Part I (sections 2109 et seq.),

Enforcement, reserved.

(ii) Additional material.

(A) Remainder of the January 6, 1994

State submittal.

[FR Doc. 96–14786 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 62

[TN–115–01–9616a; FRL–5519–6]

Approval and Promulgation of Air

Quality Implementation Plans;

Tennessee; Approval of Revisions to

Process Gaseous Emission Standards

for Total Reduced Sulfur Emissions

From Kraft Mills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving revisions to

the Tennessee State Implementation

Plan (SIP), submitted by the State of

Tennessee through the Tennessee

Department of Environment and

Conservation on June 25, 1993. The

submittal included revisions to the

State’s regulations for Process Gaseous

Emission Standards for Total Reduced

Sulfur (TRS) from Kraft Mills. These

revisions were made to bring these

regulations into compliance with the

1990 amendments to the Clean Air Act

(the Act) and the Federal regulations.

EPA finds that the revised rules meet

the Federal requirements for process

emission standards for sulfur emissions.

DATES: This final rule is effective August

12, 1996, unless adverse or critical

comments are received by July 12, 1996.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Ms. Karen Borel, at the

Regional Office Address listed below.

Copies of the material submitted by

the State of Tennessee may be examined

during normal business hours at the

following locations:

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4, Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia

30365.

Tennessee Division of Air Pollution

Control, 9th Floor L&C Annex, 401

Church Street, Nashville, Tennessee

37243–1531.

FOR FURTHER INFORMATION CONTACT:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Karen C. Borel,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 345 Courtland

Street, NE, Atlanta, Georgia 30365. The

telephone number is 404/347–3555

extension 4197. Reference file TN115–

01–9616.

SUPPLEMENTARY INFORMATION: On June

25, 1993, the State of Tennessee

submitted revisions to the Tennessee

SIP, through the State of Tennessee

Department of Environment and

Conservation. These revisions were

made to bring this regulation into

accordance with the guidance provided

in the official EPA guidance document

(EPA–450/2–78–0003b) and to improve

the ambient air quality surrounding

affected facilities. The SIP revision was

reviewed by EPA to determine

completeness, and a letter of

completeness dated July 26, 1993, was

sent to the State of Tennessee. EPA

finds that the revisions provide for

consistency with the Act and

corresponding Federal regulations. EPA

is approving the following revisions to

the Tennessee SIP.

Rule 1200–3–7–.07(4) Total Reduced

Sulfur Emissions From Kraft Mills

(a) This subparagraph is amended by

striking the number ‘‘24’’ and inserting

the number ‘‘12.’’

(b) This subparagraph is amended by

striking the number ‘‘24’’ and inserting

the number ‘‘12.’’

This new rule meets the requirements

set forth in the EPA guidance document

EPA 450/2–78–003b, March, 1979. This

recommends the 12-hour averaging

interval. Statistically the reduction in

the averaging time interval will result in

reduced TRS emissions which will

improve ambient air quality

surrounding the affected facilities.

Final Action

EPA is approving revisions to

subparagraphs 1200–3–7–.07(4)(a) and