Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determination of Attainment for the Pittsburgh-Beaver Valley 8-Hour Ozone Nonattainment Area, 31237-31239 [2011-13275]
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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone. An environmental analysis
checklist and a categorical exclusion
determination will be available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 subpart C as follows:
Dated: May 16, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2011–13329 Filed 5–27–11; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add Temporary § 165.T05–0391, to
read as follows:
■
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§ 165.T05–0391 Safety Zone; Ocean City
Air Show, Atlantic Ocean, Ocean City, MD
(a) Regulated area. The following area
is a safety zone: Specified waters of the
Atlantic Ocean bound by the following
coordinates: 38°21′38″ N/075°04′04″ W,
38°21′27″ N/075°03′29″ W, 38°19′35″ N/
075°04′19″ W, 38°19′45″ N/075°04′54″
W (NAD 1983), in the vicinity of Ocean
City, Maryland.
(b) Definition: For purposes of
enforcement of this section, Captain of
the Port Representative means any U.S.
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the Captain of the Port, Hampton
Roads, Virginia to act on his behalf.
(c) Regulation. (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign; and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
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on board a vessel displaying a U.S.
Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads, Virginia can be contacted at
telephone number (757) 638–6637.
(4) U.S. Coast Guard vessels enforcing
the safety zone can be contacted on
VHF–FM marine band radio, channel 13
(156.65 MHz) and channel 16 (156.8
MHz).
(d) Enforcement period. This rule will
be enforced from 10 a.m. until 4 p.m. on
June 10, 2011, from 10 a.m. until 4 p.m.
on June 11, 2011, and from 10 a.m. until
4 p.m. on June 12, 2011.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–1082; FRL–9313–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Determination of
Attainment for the Pittsburgh-Beaver
Valley 8-Hour Ozone Nonattainment
Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making a final
determination that the PittsburghBeaver Valley 8-hour ozone
nonattainment area (the Pittsburgh
Area) has attained the 1997 8-hour
ozone national ambient air quality
standards (NAAQS). This determination
is based upon complete, quality assured,
and certified ambient air monitoring
data that show the area has monitored
attainment of the 1997 8-hour ozone
NAAQS for the 2007 to 2009 monitoring
period. Complete, quality-assured air
monitoring data available for 2010 in
EPA’s Air Quality System (AQS) are
consistent with continued attainment.
In accordance with EPA’s applicable
ozone implementation rule, this
determination suspends the obligation
of the Commonwealth of Pennsylvania
to submit an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, and other planning
requirements related to attainment of
the 1997 8-hour ozone NAAQS for the
Pittsburgh Area for as long as the
SUMMARY:
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31237
nonattainment area continues to meet
the 1997 8-hour ozone NAAQS. This
determination of attainment is not
equivalent to a redesignation to
attainment. The State must still meet the
statutory requirements for redesignation
in order to be redesignated to
attainment. This action is being taken
under the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on June 30, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–1082. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 7, 2011 (76 FR 6590),
EPA published a notice of proposed
rulemaking (NPR), proposing to
determine that the Pittsburgh Area has
attained the 1997 8-hour ozone NAAQS.
The Pittsburgh Area is composed of
Allegheny, Armstrong, Beaver, Butler,
Fayette, Washington, and Westmoreland
Counties in Pennsylvania. EPA’s
determination is based upon complete,
quality-assured, quality-controlled, and
certified ambient air quality monitoring
data for the years 2007 to 2009 showing
that the Pittsburgh Area has monitored
attainment of the 1997 8-hour ozone
NAAQS. Complete air quality
monitoring data for 2010 in AQS also
show continued attainment.
II. Summary of Action
EPA is determining that the
Pittsburgh Area has attained the 1997 8hour ozone NAAQS based on 2007 to
2009 complete, quality-assured, and
certified ambient air quality monitoring
data. Data for 2010 are consistent with
continued attainment. As provided in
40 CFR 51.918, a final determination of
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attainment suspends the requirement for
the Commonwealth of Pennsylvania to
submit, for the Pittsburgh Area, an
attainment demonstration and
associated RACM, RFP plan,
contingency measures, and any other
planning requirements related to
attainment of the 1997 8-hour ozone
NAAQS as long as the area continues to
attain the 1997 8-hour ozone NAAQS. If
EPA subsequently determines, after
notice-and-comment rulemaking, that
the Pittsburgh Area has violated the
1997 8-hour ozone NAAQS, the basis for
the suspension of the specific
requirements, set forth at 40 CFR
51.918, would no longer exist, and the
Pittsburgh Area would thereafter have to
address applicable requirements.
This action is not a redesignation of
the area to attainment. The Pittsburgh
Area will remain designated
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
determines that the area meets the CAA
requirements for redesignation to
attainment, including an approved
maintenance plan.
Other specific information regarding
this determination and the rationale for
EPA’s proposed action are explained in
the NPR, and will not be restated here.
III. Summary of Public Comments and
EPA Responses
On March 9, 2011, EPA received
adverse comments on the NPR from Mr.
Robert Ukeiley on behalf of the
Chesapeake Bay Foundation, the Group
Against Smog and Pollution, the
National Parks Conservation
Association, and the Sierra Club. A
summary of the comments submitted
and EPA’s response is provided below.
Comment: The commenter stated that
EPA should not approve the
determination of attainment because the
Pittsburgh Area does not have a plan to
meet the 1997 8-hour ozone NAAQS.
Response: EPA disagrees with the
commenter’s assertion that no common
sense or legal basis exists for EPA to
finalize its determination of attainment.
The sole question addressed by EPA’s
rulemaking is whether the monitored
ambient air quality in the area shows
that the area has attained the 1997 8hour ozone standard. The commenter
does not contest EPA’s finding that the
Pittsburgh Area meets this NAAQS.
Upon EPA’s final determination that the
area has attained the standard, 40 CFR
51.918 provides that the CAA
requirement to submit planning SIPs
associated with attainment of that
standard are suspended for as long as
the area continues to have ambient air
quality data that meets that NAAQS.
This regulation, which was upheld by
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the United States Court of Appeals for
the District of Columbia Circuit (DC Cir)
in NRDC v. EPA, 571 F.3d 1245 (DC Cir.
2009), is based on the principle that
when an area is already attaining a
standard, and continues in attainment,
there is no basis for requiring planning
SIPs to attain that standard. In other
words, if an area is meeting the NAAQS,
it does not need a plan to meet the
NAAQS. No additional measures are
required for the area to attain the
standard, since the area is already in
attainment. In any event, EPA’s
determination of attainment is based
solely on quality-assured ambient air
quality monitoring. It is 40 CFR 51.918
that directs the suspension of planning
requirements for the 1997 8-hour ozone
standard. This suspension lasts only for
so long as the area continues in
attainment. Contrary to the commenter’s
contention, under these circumstances
there are no adverse impacts from the
suspension.
Comment: The commenter asserts that
the data from ambient air quality
monitors in the Pittsburgh Area do not
meet the 75 parts per billion (ppb) 2008
NAAQS or the 60 to 70 ppb levels
proposed in EPA’s reconsideration of
the 2008 NAAQS.
Response: EPA’s rulemaking action
here addresses only the 1997 8-hour
ozone NAAQS, and has no bearing on
whether the area is attaining any other
NAAQS or requirements under any
other NAAQS. Therefore, this comment
is not relevant to this rulemaking action.
Comment: The commenter alleges that
EPA must perform an evaluation under
CAA Section 110(l) to justify a
determination of attainment for the
Pittsburgh Area, and further alleges that
CAA Section 110(l) would show that
EPA should disapprove the attainment
determination. The commenter
contends that EPA must analyze how
delaying implementation of the 1987
SIP revisions, including RACT, will
interfere with other NAAQs attainment.
Response: CAA Section 110(l) applies
explicitly and only to a ‘‘revision to an
implementation plan.’’ As set forth in
the response to comment above, EPA’s
rulemaking here is restricted to EPA’s
determination, based on ambient air
quality, that the Pittsburgh Area is
attaining the 1997 8-hour ozone
standard. It is not a SIP revision, and
thus section 110(l) is by its own terms
not applicable to this rulemaking. It is
not this determination of attainment,
but rather EPA’s ozone implementation
rule, 40 CFR 51.918, that specifies the
consequence of the determination as
suspension of the area’s obligations to
submit an attainment demonstration, a
RFP plan, contingency measures and
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other planning requirements related to
attainment as SIP revisions for as long
as the area continues to attain. In any
case, the requirements that are
suspended by the regulation are related
solely to attainment for the 1997 8-hour
ozone standard. EPA is determining,
and the commenter does not contest,
that the area is attaining that standard
and the suspension of attainment
planning SIP submissions lasts only as
long as the area is meeting that
standard. No other requirements are
suspended. The commenter is incorrect
in arguing that the determination of
attainment would delay implementation
of measures needed for attainment of
the 1997 8-hour ozone standard, and
that it would relax SIP control
measures. This action has no effect on
control measures, or air quality, in the
area. For example, contrary to
commenter’s contention, RACT
requirements for the 1997 8-hour ozone
standard (or for any other standard), are
not suspended or delayed by this
determination, nor by 40 CFR 51.918.
In sum, no evaluation under section
110(l) is required by law, and even if
such an evaluation were required, EPA
would conclude that this determination
of attainment would not interfere with
attainment, reasonable further progress
towards attainment, or any other
applicable requirement of the CAA.
IV. Final Action
EPA has determined that the
Pittsburgh Area has attained the 1997 8hour ozone NAAQS based on 2007 to
2009 complete, quality-assured, and
certified ambient air quality monitoring
data. Data in AQS for 2010 are
consistent with continued attainment.
As provided in 40 CFR 51.918, this
determination suspends the
requirements for the Commonwealth of
Pennsylvania to submit, for the
Pittsburgh Area, an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
any other planning requirements related
to attainment of the 1997 8-hour ozone
NAAQS as long as the area continues to
attain the 1997 8-hour ozone NAAQS.
This action is not a redesignation. The
Pittsburgh Area will remain designated
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
determines that the area meets the CAA
requirements for redesignation to
attainment, including an approved
maintenance plan.
V. Statutory and Executive Order
Reviews
This action makes a determination of
attainment based on air quality and
results in the suspension of certain
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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
Federal requirements, and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this determination that
the Pittsburgh Area has attained the
1997 8-hour ozone NAAQS does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing these actions and
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other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
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 1, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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
determination that the Pittsburgh Area
has attained the1997 8-hour ozone
NAAQS 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, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
Dated: May 23, 2011,
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 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 et seq.
Subpart NN—Pennsylvania
2. In § 52.2037, paragraph (q) is added
to read as follows:
■
§ 52.2037 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(q) Determination of attainment—In
accordance with 40 CFR 51.918, EPA
has determined that Pittsburgh-Beaver
Valley 8-hour ozone nonattainment area
has attained the 1997 8-hour ozone
standard and that certain requirements
of section 172(c) of the Clean Air Act are
suspended as long as the nonattainment
area continues to meet the 1997 8-hour
ozone NAAQS. This determination is
based upon complete, quality assured,
and certified ambient air monitoring
data that show the area has monitored
attainment of the 1997 8-hour ozone
NAAQS for the 2007 to 2009 monitoring
PO 00000
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31239
period. Complete, quality-assured air
monitoring data for 2010 are consistent
with continued attainment. This
determination suspends the obligation
of the Commonwealth of Pennsylvania
to submit an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, and other planning
requirements related to attainment of
the 1997 8-hour ozone NAAQS for the
Pittsburgh Area for as long as the area
continues to meet the 1997 8-hour
ozone NAAQS. If a violation of the1997
8-hour ozone NAAQS is monitored in
the Pittsburgh-Beaver Valley 8-hour
ozone nonattainment area, this
determination shall no longer apply.
[FR Doc. 2011–13275 Filed 5–27–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0084–201135; FRL–
9312–5]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Alabama, Georgia,
and Tennessee: Chattanooga;
Determination of Attaining Data for the
1997 Annual Fine Particulate Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA has determined that the
Chattanooga, Tennessee-Georgia, fine
particulate (PM2.5) nonattainment area
(hereafter referred to as ‘‘the
Chattanooga Area’’ or ‘‘Area’’) has
attained the 1997 annual average PM2.5
National Ambient Air Quality Standard
(NAAQS). The Chattanooga Area is
comprised of Hamilton County in
Tennessee, Catoosa and Walker
Counties in Georgia, and a portion of
Jackson County in Alabama. This
determination of attainment is based
upon quality-assured and certified
ambient air monitoring data for the
2007–2009 period showing that the Area
has monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements
for the Area to submit an attainment
demonstration and associated
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, contingency measures, and
other planning State Implementation
Plan (SIP) revisions related to
attainment of the standard shall be
SUMMARY:
E:\FR\FM\31MYR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31237-31239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13275]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-1082; FRL-9313-1]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Determination of Attainment for the Pittsburgh-Beaver
Valley 8-Hour Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making a final determination that the Pittsburgh-Beaver
Valley 8-hour ozone nonattainment area (the Pittsburgh Area) has
attained the 1997 8-hour ozone national ambient air quality standards
(NAAQS). This determination is based upon complete, quality assured,
and certified ambient air monitoring data that show the area has
monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to
2009 monitoring period. Complete, quality-assured air monitoring data
available for 2010 in EPA's Air Quality System (AQS) are consistent
with continued attainment. In accordance with EPA's applicable ozone
implementation rule, this determination suspends the obligation of the
Commonwealth of Pennsylvania to submit an attainment demonstration and
associated reasonably available control measures (RACM), a reasonable
further progress (RFP) plan, contingency measures, and other planning
requirements related to attainment of the 1997 8-hour ozone NAAQS for
the Pittsburgh Area for as long as the nonattainment area continues to
meet the 1997 8-hour ozone NAAQS. This determination of attainment is
not equivalent to a redesignation to attainment. The State must still
meet the statutory requirements for redesignation in order to be
redesignated to attainment. This action is being taken under the Clean
Air Act (CAA).
DATES: Effective Date: This final rule is effective on June 30, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-1082. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 7, 2011 (76 FR 6590), EPA published a notice of
proposed rulemaking (NPR), proposing to determine that the Pittsburgh
Area has attained the 1997 8-hour ozone NAAQS. The Pittsburgh Area is
composed of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington,
and Westmoreland Counties in Pennsylvania. EPA's determination is based
upon complete, quality-assured, quality-controlled, and certified
ambient air quality monitoring data for the years 2007 to 2009 showing
that the Pittsburgh Area has monitored attainment of the 1997 8-hour
ozone NAAQS. Complete air quality monitoring data for 2010 in AQS also
show continued attainment.
II. Summary of Action
EPA is determining that the Pittsburgh Area has attained the 1997
8-hour ozone NAAQS based on 2007 to 2009 complete, quality-assured, and
certified ambient air quality monitoring data. Data for 2010 are
consistent with continued attainment. As provided in 40 CFR 51.918, a
final determination of
[[Page 31238]]
attainment suspends the requirement for the Commonwealth of
Pennsylvania to submit, for the Pittsburgh Area, an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning requirements related to attainment of the 1997 8-
hour ozone NAAQS as long as the area continues to attain the 1997 8-
hour ozone NAAQS. If EPA subsequently determines, after notice-and-
comment rulemaking, that the Pittsburgh Area has violated the 1997 8-
hour ozone NAAQS, the basis for the suspension of the specific
requirements, set forth at 40 CFR 51.918, would no longer exist, and
the Pittsburgh Area would thereafter have to address applicable
requirements.
This action is not a redesignation of the area to attainment. The
Pittsburgh Area will remain designated nonattainment for the 1997 8-
hour ozone NAAQS until such time as EPA determines that the area meets
the CAA requirements for redesignation to attainment, including an
approved maintenance plan.
Other specific information regarding this determination and the
rationale for EPA's proposed action are explained in the NPR, and will
not be restated here.
III. Summary of Public Comments and EPA Responses
On March 9, 2011, EPA received adverse comments on the NPR from Mr.
Robert Ukeiley on behalf of the Chesapeake Bay Foundation, the Group
Against Smog and Pollution, the National Parks Conservation
Association, and the Sierra Club. A summary of the comments submitted
and EPA's response is provided below.
Comment: The commenter stated that EPA should not approve the
determination of attainment because the Pittsburgh Area does not have a
plan to meet the 1997 8-hour ozone NAAQS.
Response: EPA disagrees with the commenter's assertion that no
common sense or legal basis exists for EPA to finalize its
determination of attainment. The sole question addressed by EPA's
rulemaking is whether the monitored ambient air quality in the area
shows that the area has attained the 1997 8-hour ozone standard. The
commenter does not contest EPA's finding that the Pittsburgh Area meets
this NAAQS. Upon EPA's final determination that the area has attained
the standard, 40 CFR 51.918 provides that the CAA requirement to submit
planning SIPs associated with attainment of that standard are suspended
for as long as the area continues to have ambient air quality data that
meets that NAAQS. This regulation, which was upheld by the United
States Court of Appeals for the District of Columbia Circuit (DC Cir)
in NRDC v. EPA, 571 F.3d 1245 (DC Cir. 2009), is based on the principle
that when an area is already attaining a standard, and continues in
attainment, there is no basis for requiring planning SIPs to attain
that standard. In other words, if an area is meeting the NAAQS, it does
not need a plan to meet the NAAQS. No additional measures are required
for the area to attain the standard, since the area is already in
attainment. In any event, EPA's determination of attainment is based
solely on quality-assured ambient air quality monitoring. It is 40 CFR
51.918 that directs the suspension of planning requirements for the
1997 8-hour ozone standard. This suspension lasts only for so long as
the area continues in attainment. Contrary to the commenter's
contention, under these circumstances there are no adverse impacts from
the suspension.
Comment: The commenter asserts that the data from ambient air
quality monitors in the Pittsburgh Area do not meet the 75 parts per
billion (ppb) 2008 NAAQS or the 60 to 70 ppb levels proposed in EPA's
reconsideration of the 2008 NAAQS.
Response: EPA's rulemaking action here addresses only the 1997 8-
hour ozone NAAQS, and has no bearing on whether the area is attaining
any other NAAQS or requirements under any other NAAQS. Therefore, this
comment is not relevant to this rulemaking action.
Comment: The commenter alleges that EPA must perform an evaluation
under CAA Section 110(l) to justify a determination of attainment for
the Pittsburgh Area, and further alleges that CAA Section 110(l) would
show that EPA should disapprove the attainment determination. The
commenter contends that EPA must analyze how delaying implementation of
the 1987 SIP revisions, including RACT, will interfere with other NAAQs
attainment.
Response: CAA Section 110(l) applies explicitly and only to a
``revision to an implementation plan.'' As set forth in the response to
comment above, EPA's rulemaking here is restricted to EPA's
determination, based on ambient air quality, that the Pittsburgh Area
is attaining the 1997 8-hour ozone standard. It is not a SIP revision,
and thus section 110(l) is by its own terms not applicable to this
rulemaking. It is not this determination of attainment, but rather
EPA's ozone implementation rule, 40 CFR 51.918, that specifies the
consequence of the determination as suspension of the area's
obligations to submit an attainment demonstration, a RFP plan,
contingency measures and other planning requirements related to
attainment as SIP revisions for as long as the area continues to
attain. In any case, the requirements that are suspended by the
regulation are related solely to attainment for the 1997 8-hour ozone
standard. EPA is determining, and the commenter does not contest, that
the area is attaining that standard and the suspension of attainment
planning SIP submissions lasts only as long as the area is meeting that
standard. No other requirements are suspended. The commenter is
incorrect in arguing that the determination of attainment would delay
implementation of measures needed for attainment of the 1997 8-hour
ozone standard, and that it would relax SIP control measures. This
action has no effect on control measures, or air quality, in the area.
For example, contrary to commenter's contention, RACT requirements for
the 1997 8-hour ozone standard (or for any other standard), are not
suspended or delayed by this determination, nor by 40 CFR 51.918.
In sum, no evaluation under section 110(l) is required by law, and
even if such an evaluation were required, EPA would conclude that this
determination of attainment would not interfere with attainment,
reasonable further progress towards attainment, or any other applicable
requirement of the CAA.
IV. Final Action
EPA has determined that the Pittsburgh Area has attained the 1997
8-hour ozone NAAQS based on 2007 to 2009 complete, quality-assured, and
certified ambient air quality monitoring data. Data in AQS for 2010 are
consistent with continued attainment. As provided in 40 CFR 51.918,
this determination suspends the requirements for the Commonwealth of
Pennsylvania to submit, for the Pittsburgh Area, an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning requirements related to attainment of the 1997 8-
hour ozone NAAQS as long as the area continues to attain the 1997 8-
hour ozone NAAQS.
This action is not a redesignation. The Pittsburgh Area will remain
designated nonattainment for the 1997 8-hour ozone NAAQS until such
time as EPA determines that the area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan.
V. Statutory and Executive Order Reviews
This action makes a determination of attainment based on air
quality and results in the suspension of certain
[[Page 31239]]
Federal requirements, and does not impose additional requirements
beyond those imposed by State law. For that reason, this proposed
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this determination that the Pittsburgh Area has
attained the 1997 8-hour ozone NAAQS does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 1, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 determination that the Pittsburgh Area has
attained the1997 8-hour ozone NAAQS 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Dated: May 23, 2011,
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2037, paragraph (q) is added to read as follows:
Sec. 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(q) Determination of attainment--In accordance with 40 CFR 51.918,
EPA has determined that Pittsburgh-Beaver Valley 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard and that
certain requirements of section 172(c) of the Clean Air Act are
suspended as long as the nonattainment area continues to meet the 1997
8-hour ozone NAAQS. This determination is based upon complete, quality
assured, and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to
2009 monitoring period. Complete, quality-assured air monitoring data
for 2010 are consistent with continued attainment. This determination
suspends the obligation of the Commonwealth of Pennsylvania to submit
an attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning requirements related to attainment of the
1997 8-hour ozone NAAQS for the Pittsburgh Area for as long as the area
continues to meet the 1997 8-hour ozone NAAQS. If a violation of
the1997 8-hour ozone NAAQS is monitored in the Pittsburgh-Beaver Valley
8-hour ozone nonattainment area, this determination shall no longer
apply.
[FR Doc. 2011-13275 Filed 5-27-11; 8:45 am]
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