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Federal Register/Vol. 63, No. 108/Friday, June 5, 1998/Rules And 31014 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Rules and Regulations ENVIRONMENTAL PROTECTION Region IIÐRay Werner, (212) 637± this rulemaking concerning the AGENCY 3706 continued applicability of the 1-hour Region IIIÐMarcia Spink, (215) 566± ozone standard to areas not attaining 40 CFR Part 81 2104 that standard. Region IVÐKay Prince, (404) 562± Comment: Although southwestern [FRL±6105±6] 9026 Pennsylvania attained the 1-hour Identification of Ozone Areas Attaining Region VÐTodd Nettesheim, (312) standard for 6 straight years from 1989 the 1-Hour Standard and to Which the 353±9153 through 1994, EPA refused to 1-Hour Standard Is No Longer Region VIÐLt. Mick Cote, (214) 665± redesignate the region because of a dispute with the Commonwealth of Applicable 7219 Region VIIÐRoyan Teter, (913) 551± Pennsylvania over whether the other AGENCY: Environmental Protection 7609 requirements for redesignation had been Agency (EPA). Region VIIIÐTim Russ, (303) 312± met. When the Growth Alliance ACTION: Final rule. 6479 challenged EPA's illegal delay in acting Region IXÐMorris Goldberg, (415) on Pennsylvania's request to redesignate SUMMARY: On January 16, 1998, the EPA 744±1296 the region and its inappropriate published a direct final rule to identify Region XÐWilliam Puckett, (206) consideration of 1995 emission data, ozone areas where the 1-hour standard 553±1702. EPA asserted that it would refuse to is no longer applicable. The 60-day SUPPLEMENTARY INFORMATION: redesignate the region regardless of the comment period concluded on March decision about the appropriate air 17, 1998. A total of ten adverse Table of Contents quality data to use because of the other comment letters were received in I. Public Comments and EPA Responses requirements for redesignation. By response to this direct final rule. II. Discovered Errors in 40 CFR Part 81 Ozone revoking the standard in areas that may Therefore, on March 16, 1998, the Table not have met the requirements for Agency published a withdrawal of the III. Final Rulemaking Action redesignation, EPA is now attempting to direct final rule, thus converting the IV. Other Regulatory Requirements circumvent the same requirements of direct final rule to a proposal. I. Public Comments and EPA Responses the Act that it has previously been so Independent of the comments received, adamant to enforce in southwestern The following discussion summarizes the EPA identified typographical errors Pennsylvania. and responds to the comments received of certain areas listed in its regulations Response: On May 1, 1996, EPA on the direct final rule published on on designation of areas for air quality disapproved the Commonwealth of January 16, 1998 (63 FR 2726), which planning purposes. This final rule Pennsylvania's request that EPA was withdrawn due to adverse summarizes all of the comments and redesignate the Pittsburgh comments by a document published on EPA's responses, corrects the nonattainment area to attainment for March 16, 1998 (63 FR 12652), thus typographical errors of certain areas, ozone because the area violated the 1- converting the direct final rule to a and finalizes the determination that the hour ozone NAAQS and did not meet proposal (63 FR 2804, January 16, 1998). 1-hour standard no longer applies for other Act requirements for redesignation General Comment: The commenter specific areas identified in this final (61 FR 19193). This decision was voiced four major concerns: (1) the rule action. challenged. In an opinion filed on July contradicts the requirements of the EFFECTIVE DATE: 28, 1997, the U.S. Court of Appeals for This action will be Clean Air Act (Act), (2) the rule uses an effective June 5, 1998. the Third Circuit denied the arbitrary and inconsistent methodology Southwestern Pennsylvania Growth ADDRESSES: Copies of the public to determine where the 1-hour standard Alliance's petition for review and comments and EPA's responses are should be determined not to apply, (3) upheld EPA's decisions to disapprove available for inspection at the following the rule discriminates against Pennsylvania's redesignation request for address: Air and Radiation Docket and downwind areas affected by transported the Pittsburgh area. Furthermore, the Information Center (6101), Attention: ozone and nitrogen oxides (NOX), and Pittsburgh area was not in attainment Docket No. A±97±42, U.S. (4) the rule imposes uncertain and for 6 straight years. Compliance with the Environmental Protection Agency, 401 unfair burdens on small entities and ozone NAAQS is determined using 3 M Street SW, Room M±1500, others in southwestern Pennsylvania. consecutive years of data to account for Washington, DC 20460, telephone (202) The EPA should revoke the 1-hour year-to-year variations in emissions and 260±7548, between 8:00 a.m. and 4:00 standard everywhere, for the entire meteorological conditions. The area first p.m., Monday through Friday, excluding country. had air quality data that met the legal holidays. Comment: The Act does not give EPA NAAQS in 1992, considering the years FOR FURTHER INFORMATION CONTACT: the authority to establish different 1990±1992, and continued to meet the Annie Nikbakht (policy) or Barry Gilbert standards for different areas of the standard in 1993 and 1994. Then, in (air quality data), Office of Air Quality country, nor does it give EPA the 1995, the area once again violated the Planning and Standards, Air Quality authority to selectively revoke NAAQS. The area continues to be out of Strategies and Standards Division, previously established standards in compliance with the 1-hour ozone Ozone Policy and Strategies Group, some areas of the country but not others. NAAQS. MD±15, Research Triangle Park, NC Response: The procedure for As this action is not a redesignation, 27711, telephone (919) 541±5246/5238. determining that the ozone national but rather a determination that the 1- In addition, the following Regional ambient air quality standards (NAAQS) hour NAAQS no longer applies to contacts may be called for individual no longer applies was established in the certain areas, pursuant to the information regarding monitoring data NAAQS rulemaking promulgated in July regulations promulgated in July 1997 as and policy matters specific for each 1997. Since the rule for the new ozone part of the rulemaking regarding the Regional Office's geographic area: NAAQS has been promulgated, effective ozone NAAQS, the redesignation Region IÐRichard P. Burkhart, (617) September 16, 1997, (62 FR 38856, July requirements of section 107(d)(3)(E) do 565±3578 18, 1997), it is too late to raise issues in not apply to this action. This action is Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Rules and Regulations 31015 not an attempt to circumvent the into account such variations. Since EPA Accordingly, a determination that the 1- requirements of redesignation, but cannot control the weather, it must hour standard does not apply to upwind instead simply follows the regulations control levels of ozone in the breathable areas does not preclude additional previously adopted by EPA. air by controlling the concentration of reductions in the upwind areas. Comment: There is a pending suit NOX and VOC in the air. EPA's goal is Comment: The NOX SIP call will not which challenges EPA's ability to to ensure that everyone is breathing be in effect until, at the earliest, 2002; redesignate upwind areas to attainment healthy air, regardless of the weather. southwestern Pennsylvania will when their States have not complied Later periods will be used in future continue to suffer from the effects of with the requirements of section actions. For instance, on May 18, 1998, transported pollution for at least 5 110(a)(2)(D) of the Act, which requires the Agency proposed that the 1-hour additional years. As a result, under the that every State impose emission standard would no longer apply in 6 methodology that EPA has proposed, it controls sufficient to prevent negative additional ozone areas based upon is unlikely that the 1-hour standard impacts on downwind areas. By 1995±1997 air quality data (63 FR could be revoked for southwestern revoking the 1-hour standard in areas 27247). Pennsylvania or other areas of the that have attained it, but not requiring Comment: The EPA is removing the country that are affected by transport that the other requirements for standard in some areas, not because until well into the 21st century. redesignation be met, EPA appears to be there are no violations of the ozone Response: The Agency acknowledges attempting to escape a potentially standard, but because there are no ozone that some areas will remain in adverse ruling. monitors to measure ozone. This nonattainment and subject to the 1-hour Response: The Agency views the discriminates against areas that have standard. Under the Act, areas are process of determining where the 1-hour more ozone monitors. designated nonattainment as long as standard no longer applies as not being Response: The Agency has in place their air quality fails to meet the subject to the requirements for procedures to review all past monitoring NAAQS, even if they are the victims of redesignation. The regulations adopted and sources that contribute to transport from upwind areas that may by EPA that govern this process set forth violations, thus enabling the Agency to be designated attainment. The EPA is only one criterionÐattainment of the 1- locate monitors in areas that are likely continuing this approach even when the hour standard. Section 110(a)(2)(D) to violate. The EPA believes that the 1-hour standard ceases to apply for continues to apply to upwind States monitoring network in place for the 1- areas that are attaining, but EPA is not regardless of the applicability of the 1- hour ozone standard adequately thereby creating any inequities.
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