Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determinations of Clean Data for the 2006 24-Hour Fine Particulate Standard for the Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster Nonattainment Areas, 2941-2943 [2012-1120]
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Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules
Dated: January 3, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–1116 Filed 1–19–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0818; FRL–9619–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Determinations of Clean
Data for the 2006 24-Hour Fine
Particulate Standard for the
Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine that the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown,
and Lancaster nonattainment areas
(hereafter referred to as ‘‘Areas’’) for the
2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS) have clean data for
the 2006 24-hour PM2.5 NAAQS. These
proposed determinations are based
upon quality-assured, qualitycontrolled, and certified ambient air
monitoring data showing that these
areas have monitored attainment of the
2006 PM2.5 NAAQS based on the 2008–
2010 data available in EPA’s Air Quality
System (AQS) database. If these
proposed determinations are made final,
the requirements for these Areas to
submit an attainment demonstration,
associated reasonably available control
measures (RACM), a reasonable further
progress plan (RFP), contingency
measures, and other planning State
Implementation Plans (SIPs) related to
attainment of the standard shall be
suspended for so long as these Areas
continue to meet the 2006 24-hour PM2.5
NAAQS. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before February 21, 2012.
ADDRESSES: Submit your comments
regarding the two-state HarrisburgLebanon-Carlisle-York, Allentown,
Johnstown, and Lancaster area,
identified by Docket ID Number EPA–
R03–OAR–2011–0818 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
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B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0818,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0818. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
PO 00000
Frm 00018
Fmt 4702
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2941
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
The following outline is provided to
aid in locating information in this
preamble.
I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA’s analysis of the relevant air
quality data?
V. What is EPA’s proposed action?
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that
these Areas have clean data for the 2006
24-hour PM2.5 NAAQS. These
determinations are based upon qualityassured, quality-controlled, and
certified ambient air monitoring data
showing that these Areas have
monitored attainment of the 2006 PM2.5
NAAQS based on 2008–2010
monitoring data.
II. What is the effect of this action?
If these determinations are made final,
under the provisions of EPA’s PM2.5
implementation rule (40 CFR
51.1004(c)), the requirements for these
Areas to submit an attainment
demonstration, associated RACM, RFP
plan, contingency measures, and any
other planning SIP requirements related
to attainment of the 2006 24-hour PM2.5
NAAQS would be suspended for so long
as these Areas continue to meet this
NAAQS. Furthermore, as described
below, a final clean data determination
would not be equivalent to a
redesignation of any of these Areas to
attainment for the 2006 24-hour PM2.5
NAAQS.
If EPA subsequently determines that
these Areas are in violation of the 2006
24-hour PM2.5 NAAQS, the basis for the
suspension of the specific requirements,
set forth at 40 CFR 51.1004(c), would no
longer exist and these Areas would
thereafter have to address the pertinent
requirements.
These proposed clean data
determinations that the air quality data
shows attainment of the 2006 24-hour
PM2.5 NAAQS is not equivalent to the
redesignation of these Areas to
attainment. This proposed action, if
finalized, will not constitute a
redesignation to attainment under
section 107(d)(3) of the CAA because we
would not yet have an approved
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2942
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules
maintenance plan for these Areas as
required under section 175A of the
CAA, nor determinations that these
Areas have met the other requirements
for redesignation. The designation status
of these Areas would remain
nonattainment for the 2006 PM2.5
NAAQS until such time as EPA
determines that these Areas meet the
CAA requirements for redesignation to
attainment.
III. What is the background for this
action?
The 2006 PM2.5 NAAQS set forth at 40
CFR 50.13 became effective on
December 18, 2006 (71 FR 61144) and
promulgated a 24-hour standard of 35
micrograms per cubic meter (mg/m3)
based on a 3-year average of the 98th
percentile of 24-hour concentration. On
December 14, 2009 (74 FR 58688), EPA
made designation determinations, as
required by CAA section 107(d)(1), for
the 2006 24-hour PM2.5 NAAQS. The
Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster
areas are designated as nonattainment
for the 2006 24-hour PM2.5 NAAQS.
IV. What is EPA’s analysis of the
relevant air quality data?
EPA has reviewed the ambient air
monitoring data, consistent with the
requirements contained in 40 CFR part
50 and recorded in EPA’s AQS database
for the Harrisburg-Lebanon-CarlisleYork, Allentown, Johnstown, and
Lancaster PM2.5 nonattainment areas
from 2008 through the present time. On
the basis of that review, EPA has
concluded that these Areas meet the
2006 24-hour PM2.5 NAAQS based on
the 2008–2010 data available in EPA’s
AQS database.
Under EPA regulations in 40 CFR part
50, section 50.13 and in accordance
with appendix N, the 24-hour primary
and secondary PM2.5 standards are met
when the 98th percentile 24-hour
concentration is less than or equal to 35
mg/m3. Table 1 shows the design values
for the 2006 24-hour PM2.5 NAAQS for
the years 2008–2010. One new monitor
(ID# 420950027) was placed in 2010 in
the Allentown nonattainment area
because the 2006–2008 data for the
existing monitor (ID# 420950025) in the
area was greater than 85% of the 24hour PM2.5 NAAQS as required by 40
CFR part 58, appendix D, Table D–5.
EPA’s review of the data indicates that
the Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster
PM2.5 nonattainment areas meet the
2006 PM2.5 NAAQS.
TABLE 1—24-HOUR PM2.5 VALUES FOR FOUR PENNSYLVANIA NONATTAINMENT AREAS *
State
County
2009 Mean
(μg/m3)
2010 Mean
(μg/m3)
Certified
design value
2008–2010
(μg/m3)
33.7
34.3
........................
........................
29.9
33.0
........................
........................
31.4
32.9
........................
........................
32
33
........................
........................
33.1
........................
........................
30.1
........................
........................
33.3
27.6
........................
32
28
........................
32.2
........................
28.7
........................
30.2
........................
30
........................
35.0
29.4
34.1
33
2008 Mean
(μg/m3)
Monitor ID
Harrisburg-Lebanon-Carlisle-York
Pennsylvania ................
Cumberland .................
Dauphin .......................
Lebanon ......................
York .............................
420410101
420430401
No monitor
No monitor
..................
..................
..................
..................
Allentown
Northampton ...............
Northampton ...............
Lehigh .........................
420950025 ..................
420950027 ..................
No monitor ..................
Johnstown
Cambria .......................
Indiana (part) ...............
420210011 ..................
No monitor ..................
Lancaster
Lancaster ....................
420710007 ..................
* The data presented in Table 1 are available at https://www.epa.gov/air/airtrends/values.html.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
V. What is EPA’s proposed action?
EPA is proposing to determine that
the Areas have clean data for the 2006
24-hour PM2.5 NAAQS. As provided in
40 CFR 51.1004(c), if EPA finalizes
these determinations, they will suspend
the requirements for these Areas to
submit an attainment demonstration,
associated RACM, RFP, contingency
measures, and any other planning SIP
requirements related to the attainment
of the 2006 PM2.5 NAAQS, so long as
these Areas continue to meet the
standard. EPA is soliciting public
comments on the issues discussed in
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this document. These comments will be
considered before taking final action.
VI. Statutory and Executive Order
Reviews
This action proposes to make
attainment determinations based on air
quality data and would not, if finalized,
result in the suspension of certain
Federal requirements and would not
impose any additional requirements.
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);
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• 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
E:\FR\FM\20JAP1.SGM
20JAP1
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules
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 proposed rulemaking
that the Harrisburg-Lebanon-CarlisleYork, Allentown, Johnstown, and
Lancaster PM2.5 nonattainment areas
have clean data for the 2006 24-hour
PM2.5 standard 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Particulate matter,
Reporting and recordkeeping
requirements.
EPA is extending the
comment period for a proposed rule
published December 22, 2011 (76 FR
79579). On December 22, 2011, EPA
proposed to approve the State of
Illinois’ request to redesignate the
Illinois portion of the St. Louis, MO-IL
nonattainment area (Jersey, Madison,
Monroe, and St. Clair Counties) to
attainment for the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). In conjunction with the
proposed approval of the redesignation
request, EPA proposed to approve, as a
revision to the Illinois State
Implementation Plan, the State’s plan
for maintaining the 1997 8-hour ozone
NAAQS through 2025 in the area. EPA
also proposed to approve the 2002
emissions inventory as meeting the
comprehensive emissions inventory
requirement of the Clean Air Act for the
Illinois portion of the St. Louis area.
Finally, EPA proposed to approve the
State’s 2008 and 2025 Motor Vehicle
Emission Budgets for the Illinois portion
of the St. Louis area. In response to a
December 22, 2011, request from David
C. Bender, EPA is extending the
comment period for 30 days.
SUMMARY:
Comments. The public comment
period for the proposed rule published
December 22, 2011 (76 FR 79579) is
being extended for 30 days to February
22, 2012.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
Submit comments,
identified by Docket ID No. EPA–R05–
OAR–2010–0523, to: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–6960,
aburano.douglas@epa.gov. Additional
instructions to comment can be found in
the notice of proposed rulemaking
published December 22, 2011 (76 FR
79579).
40 CFR Parts 52 and 81
FOR FURTHER INFORMATION CONTACT:
ADDRESSES:
Authority: 42 U.S.C. 7401 et seq.
Dated: January 3, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–1120 Filed 1–19–12; 8:45 am]
BILLING CODE 6560–50–P
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
[EPA–R05–OAR–2010–0523; FRL–9619–8]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Illinois; Redesignation of
the Illinois Portion of the St. Louis,
MO-IL Area to Attainment for the 1997
8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
VerDate Mar<15>2010
13:11 Jan 19, 2012
Jkt 226001
Kathleen D’Agostino, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
Dated: January 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–1123 Filed 1–19–12; 8:45 am]
BILLING CODE 6560–50–P
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2943
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2011–0042; MO
92210–0–0009]
RIN 1018–AV86
Endangered and Threatened Wildlife
and Plants; Proposed Endangered
Status for the Chupadera Springsnail
(Pyrgulopsis chupaderae) and
Proposed Designation of Critical
Habitat
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the
reopening of the public comment period
on our August 2, 2011, proposed
endangered status and designation of
critical habitat for the Chupadera
springsnail (Pyrgulopsis chupaderae)
under the Endangered Species Act of
1973, as amended (Act). We also
announce the availability of a draft
economic analysis and draft
environmental assessment of the
proposed designation of critical habitat
and an amended required
determinations section of the proposal.
We are reopening the comment period
to allow all interested parties an
opportunity to comment simultaneously
on the revised proposed rule, the
associated draft economic analysis and
draft environmental assessment, and the
amended required determinations
section. Comments previously
submitted need not be resubmitted, as
they will be fully considered in
preparation of the final rule.
DATES: We will consider comments
received on or before February 21, 2012.
Comments must be received by 11:59
p.m. Eastern Time on the closing date.
Any comments that we receive after the
closing date may not be considered in
the final decision on this action.
ADDRESSES: Document availability: You
may obtain copies of the proposed rule,
draft economic analysis, and draft
environmental assessment on the
Internet at https://www.regulations.gov at
Docket Number FWS–R2–ES–2011–
0042, or by mail from the New Mexico
Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Comment submission: You may
submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Proposed Rules]
[Pages 2941-2943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1120]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0818; FRL-9619-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Determinations of Clean Data for the 2006 24-Hour Fine
Particulate Standard for the Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to determine that the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas
(hereafter referred to as ``Areas'') for the 2006 24-hour fine
particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS) have clean data for the 2006 24-hour PM2.5
NAAQS. These proposed determinations are based upon quality-assured,
quality-controlled, and certified ambient air monitoring data showing
that these areas have monitored attainment of the 2006 PM2.5
NAAQS based on the 2008-2010 data available in EPA's Air Quality System
(AQS) database. If these proposed determinations are made final, the
requirements for these Areas to submit an attainment demonstration,
associated reasonably available control measures (RACM), a reasonable
further progress plan (RFP), contingency measures, and other planning
State Implementation Plans (SIPs) related to attainment of the standard
shall be suspended for so long as these Areas continue to meet the 2006
24-hour PM2.5 NAAQS. This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be received on or before February 21,
2012.
ADDRESSES: Submit your comments regarding the two-state Harrisburg-
Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster area,
identified by Docket ID Number EPA-R03-OAR-2011-0818 by one of the
following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0818, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0818. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy 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: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following outline is provided to aid in locating information in
this preamble.
I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant air quality data?
V. What is EPA's proposed action?
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that these Areas have clean data for
the 2006 24-hour PM2.5 NAAQS. These determinations are based
upon quality-assured, quality-controlled, and certified ambient air
monitoring data showing that these Areas have monitored attainment of
the 2006 PM2.5 NAAQS based on 2008-2010 monitoring data.
II. What is the effect of this action?
If these determinations are made final, under the provisions of
EPA's PM2.5 implementation rule (40 CFR 51.1004(c)), the
requirements for these Areas to submit an attainment demonstration,
associated RACM, RFP plan, contingency measures, and any other planning
SIP requirements related to attainment of the 2006 24-hour
PM2.5 NAAQS would be suspended for so long as these Areas
continue to meet this NAAQS. Furthermore, as described below, a final
clean data determination would not be equivalent to a redesignation of
any of these Areas to attainment for the 2006 24-hour PM2.5
NAAQS.
If EPA subsequently determines that these Areas are in violation of
the 2006 24-hour PM2.5 NAAQS, the basis for the suspension
of the specific requirements, set forth at 40 CFR 51.1004(c), would no
longer exist and these Areas would thereafter have to address the
pertinent requirements.
These proposed clean data determinations that the air quality data
shows attainment of the 2006 24-hour PM2.5 NAAQS is not
equivalent to the redesignation of these Areas to attainment. This
proposed action, if finalized, will not constitute a redesignation to
attainment under section 107(d)(3) of the CAA because we would not yet
have an approved
[[Page 2942]]
maintenance plan for these Areas as required under section 175A of the
CAA, nor determinations that these Areas have met the other
requirements for redesignation. The designation status of these Areas
would remain nonattainment for the 2006 PM2.5 NAAQS until
such time as EPA determines that these Areas meet the CAA requirements
for redesignation to attainment.
III. What is the background for this action?
The 2006 PM2.5 NAAQS set forth at 40 CFR 50.13 became
effective on December 18, 2006 (71 FR 61144) and promulgated a 24-hour
standard of 35 micrograms per cubic meter ([mu]g/m\3\) based on a 3-
year average of the 98th percentile of 24-hour concentration. On
December 14, 2009 (74 FR 58688), EPA made designation determinations,
as required by CAA section 107(d)(1), for the 2006 24-hour
PM2.5 NAAQS. The Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster areas are designated as
nonattainment for the 2006 24-hour PM2.5 NAAQS.
IV. What is EPA's analysis of the relevant air quality data?
EPA has reviewed the ambient air monitoring data, consistent with
the requirements contained in 40 CFR part 50 and recorded in EPA's AQS
database for the Harrisburg-Lebanon-Carlisle-York, Allentown,
Johnstown, and Lancaster PM2.5 nonattainment areas from 2008
through the present time. On the basis of that review, EPA has
concluded that these Areas meet the 2006 24-hour PM2.5 NAAQS
based on the 2008-2010 data available in EPA's AQS database.
Under EPA regulations in 40 CFR part 50, section 50.13 and in
accordance with appendix N, the 24-hour primary and secondary
PM2.5 standards are met when the 98th percentile 24-hour
concentration is less than or equal to 35 [mu]g/m\3\. Table 1 shows the
design values for the 2006 24-hour PM2.5 NAAQS for the years
2008-2010. One new monitor (ID 420950027) was placed in 2010
in the Allentown nonattainment area because the 2006-2008 data for the
existing monitor (ID 420950025) in the area was greater than
85% of the 24-hour PM2.5 NAAQS as required by 40 CFR part
58, appendix D, Table D-5. EPA's review of the data indicates that the
Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster
PM2.5 nonattainment areas meet the 2006 PM2.5
NAAQS.
Table 1--24-Hour PM2.5 Values for Four Pennsylvania Nonattainment Areas *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Certified
2008 Mean 2009 Mean 2010 Mean design value
State County Monitor ID ([mu]g/m\3\) ([mu]g/m\3\) ([mu]g/m\3\) 2008-2010
([mu]g/m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harrisburg-Lebanon-Carlisle-York
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania......................... Cumberland.............. 420410101.............. 33.7 29.9 31.4 32
Dauphin................. 420430401.............. 34.3 33.0 32.9 33
Lebanon................. No monitor............. .............. .............. .............. ..............
York.................... No monitor............. .............. .............. .............. ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allentown
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northampton............. 420950025.............. 33.1 30.1 33.3 32
Northampton............. 420950027.............. .............. .............. 27.6 28
Lehigh.................. No monitor............. .............. .............. .............. ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Johnstown
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cambria................. 420210011.............. 32.2 28.7 30.2 30
Indiana (part).......... No monitor............. .............. .............. .............. ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lancaster
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lancaster............... 420710007.............. 35.0 29.4 34.1 33
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The data presented in Table 1 are available at https://www.epa.gov/air/airtrends/values.html.
V. What is EPA's proposed action?
EPA is proposing to determine that the Areas have clean data for
the 2006 24-hour PM2.5 NAAQS. As provided in 40 CFR
51.1004(c), if EPA finalizes these determinations, they will suspend
the requirements for these Areas to submit an attainment demonstration,
associated RACM, RFP, contingency measures, and any other planning SIP
requirements related to the attainment of the 2006 PM2.5
NAAQS, so long as these Areas continue to meet the standard. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
VI. Statutory and Executive Order Reviews
This action proposes to make attainment determinations based on air
quality data and would not, if finalized, result in the suspension of
certain Federal requirements and would not impose any additional
requirements. 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
[[Page 2943]]
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 proposed rulemaking that the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster PM2.5
nonattainment areas have clean data for the 2006 24-hour
PM2.5 standard 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 3, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-1120 Filed 1-19-12; 8:45 am]
BILLING CODE 6560-50-P
