Federal Register: April 2, 1996
Volume 61, Number 64
Rules and Regulations

U.S. Environmental Protection Agency (EPA).

40 CFR Part 81
[TX-59-1-7268; FRL-5451-1]
[Page 14496-14497]

Designation of Areas for Air Quality Planning Purposes; State of Texas; Correction of the Design Value and Classification for the Beaumont/Port Arthur Ozone Nonattainment Area

ACTION: Direct final rule.

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SUMMARY: This document announces the Administrator's decision to correct the design value and classification of the Beaumont/Port Arthur ozone nonattainment area. The Beaumont/Port Arthur area (the area) was classified as a serious ozone nonattainment area by EPA on November 6, 1991. However, EPA has determined that the ozone design value of 0.160 parts per million (ppm) published by EPA and used in classifying the area as a serious ozone nonattainment area was incorrect. The correct monitored ozone design value was 0.158 ppm. This design value falls within the range of values considered as moderate nonattainment for ozone under the Clean Air Act Amendments of 1990 (CAAA). Pursuant to section 110(k)(6) of the CAAA, which allows EPA to correct its actions, EPA is today publishing the correct design value of 0.158 ppm and is granting the State's request to correct the classification of the area from serious to moderate.

EFFECTIVE DATE: This action will become effective on June 3, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Air Planning Section (6PD-L), U.S. Environmental Protection Agency, Region VI, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7219.

SUPPLEMENTARY INFORMATION:

Background

Prior to the CAAA, EPA identified and designated nonattainment areas with respect to the National Ambient Air Quality Standards (NAAQS). For such areas, States submitted State Implementation Plans (SIPs) to control emissions and achieve attainment of the NAAQS. The Beaumont/Port Arthur area, initially comprised of Jefferson and Orange Counties, was originally designated as nonattainment for ozone on March 3, 1978 (43 FR 8962). Hardin County is part of the area's Metropolitan Statistical Area, and as such was included in the Beaumont/Port Arthur area with Jefferson and Orange Counties on November 6, 1991 (56 FR 56694). The SIP for the area was first adopted in the early 1970's. Under the CAAA, the area retained its designation of nonattainment and was classified as serious by operation of law pursuant to sections 107(d) and 181(a) upon the date of enactment of the CAAA. See 56 FR 56694 (November 6, 1991). This classification was required to be based on the design value for the area. The monitored design value was rounded to two decimal places by the State and reported to EPA as 0.16 ppm. Section 179B defines the ranges of design values associated with each classification. Moderate areas were defined by design values from 0.138 ppm to 0.160 ppm. Serious areas were defined by design value ranges from 0.160 ppm to 0.180 ppm.

Since the reported design value for the area made it difficult to determine the classification, the design value of a special purpose monitor was used to assist EPA in determining whether the area should be classified as moderate or serious. This special purpose monitor had a design value of 0.180 ppm, which lead EPA to believe that the serious classification was more appropriate. The EPA published the design value as 0.160 ppm in its November 6, 1991 Federal Register document, and classified the area as serious. The Texas Natural Resource Conservation Commission recently discovered a data file which allowed the State to recalculate the actual design value of the 4th highest hourly peak ozone concentration at the State-run monitoring site in Beaumont to three decimal places. The actual design value for the May 28, 1989 exceedance has been calculated at 0.158 ppm.

Correction of Error Under Section 110(k)(6)

Section 110(k)(6) of the Act provides whenever the Administrator determines that the Administrator's action approving, disapproving, or promulgating any plan or plan revision (or part thereof), area designation, redesignation, classification, or reclassification was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate without requiring any further submission from the State. Such determination and the basis thereof shall be provided to the State and public. The EPA interprets this provision to authorize the Agency to make corrections to a promulgation when it is shown to EPA's satisfaction that an error occurred in failing to consider or inappropriately considering information available to EPA at the time of the promulgation, or the information made available at the time of promulgation is subsequently demonstrated to have been clearly inadequate. The EPA's initial action classifying the Beaumont/Port Arthur area was based on an ozone design value obtained from the State monitoring network of 0.16 ppm, along with consideration of some data from a special purpose monitor. The design value submitted to EPA by the State at the time the classification was promulgated has subsequently been proven to be inadequate. A corrected design value of 0.158 ppm obtained from the State monitoring network during the initial classification timeframe has recently been submitted to EPA by the State and deemed accurate.

Further, the EPA has since determined that data from the special purpose monitor (SPM) should not have been used for classification purposes since 1) the SPM is not part of the State monitoring network, 2) the data from this monitor are for research purposes, 3) these data are not reported to EPA's Aerometric Information Retrieval System, and 4) the SPM data used to assist in making the original design value determination were collected in 1990, outside of the 1987-1989 timeframe generally associated with classification determinations.

Final Action

In the Federal Register of November 6, 1991 (56 FR 56694), EPA issued a final rule promulgating the designations, boundaries, and classifications of ozone nonattainment areas (and for nonattainment areas for other pollutants not addressed in this action). Accordingly, in today's action, EPA is correcting this error by publishing the correct design value of 0.158 ppm for the Beaumont/Port Arthur area, and correcting the classification of the area from serious to moderate for ozone in accordance with section 110(k)(6). In accordance with CAAA sections 107(d)(2)(B), and 110(k)(6), this document is a final publication of the ozone design value for the Beaumont/Port Arthur area and the classification of the area to a moderate ozone nonattainment area, and is not subject to the notice and comment provisions of sections 553 through 557 of Title 5. Designation of Areas for Air Quality Planning Purposes; State of Texas; Correction of the Design Value and Classification for the Beaumont/Port Arthur Ozone Nonattainment Area (Page 6 of 7).

[[Page 14497]]

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: March 26, 1996.

Carol M. Browner, Administrator.

40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

1.The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401-7871q.

2. In Sec. 81.344, the ozone table is amended by revising the entry for the Beaumont/Port Arthur Area to read as follows:

Sec. 81.344 Texas.

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