Approval and Promulgation of Air Quality Implementation Plans; Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 Annual Fine Particulate Standard for the Philadelphia-Wilmington Nonattainment Area, 3147-3152 [2012-1089]
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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations
3. In § 52.1320, the table in paragraph
(e) is amended by adding the following
entry to read as follows:
■
Name of non-regulatory SIP
revision
*
(55) VOC RACT Requirements for the 8-hour
ozone NAAQS.
*
Approval status.
*
*
*
*
*
(o) The Administrator conditionally
approves the Missouri SIP revisions that
address the requirements of RACT
under the 8-hour ozone NAAQS under
§ 52.1320(c). Full approval is contingent
on Missouri submitting RACT rules for
inclusion into the Missouri SIP to
address the Solvent Cleanup Operations
CTG, to the EPA, no later than
December 31, 2012.
[FR Doc. 2012–1086 Filed 1–20–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0714; FRL–9620–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware, New Jersey, and
Pennsylvania; Determinations of
Attainment of the 1997 Annual Fine
Particulate Standard for the
Philadelphia-Wilmington
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to make two determinations
regarding the Philadelphia-Wilmington
fine particulate (PM2.5) nonattainment
area (the Philadelphia Area). First, EPA
is making a determination that the
Philadelphia Area has attained the 1997
annual PM2.5 national ambient air
quality standard (NAAQS) by its
attainment date of April 5, 2010. This
determination is based upon quality
assured and certified ambient air
monitoring data that show the area has
monitored attainment of the 1997
annual PM2.5 NAAQS for the 2007–2009
SUMMARY:
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Identification of plan.
*
*
(e)* * *
*
St. Louis ...............................
4. Section 52.1323 is amended by
adding paragraph (o) to read as follows:
VerDate Mar<15>2010
*
Applicable geographic or
nonattainment area
■
§ 52.1323
§ 52.1320
18:17 Jan 20, 2012
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*
*
State submittal
date
*
01/17/2007,
06/01/2011
EPA approval date
Explanation
*
01/23/2012 [Insert citation of
publication].
*
*
We are conditionally approving
this SIP revision based on Missouri’s commitment to submit a
SIP to address the solvent
cleaning CTG no later than December 31, 2012.
monitoring period. Second, EPA is
making a clean data determination,
finding that the Philadelphia Area has
attained the 1997 PM2.5 NAAQS, based
on quality assured and certified ambient
air monitoring data for the 2007–2009
and 2008–2010 monitoring periods. In
accordance with EPA’s applicable PM2.5
implementation rule, this determination
suspends the requirement for the
Philadelphia Area to submit an
attainment demonstration, reasonably
available control measures (RACM), a
reasonable further progress (RFP) plan,
and contingency measures related to
attainment of the 1997 annual PM2.5
NAAQS for so long as the area
continues to attain the 1997 annual
PM2.5 NAAQS. Although these
requirements are suspended, EPA is not
precluded from acting upon these
elements at any time if submitted to
EPA for review and approval. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This rule is effective on March
23, 2012 without further notice, unless
EPA receives adverse written comment
by February 22, 2012. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0714 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–2011–0714,
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
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special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0714. 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
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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations
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: If
you have questions concerning EPA’s
action related to Delaware or
Pennsylvania, please contact Maria A.
Pino, (215) 814–2181, or by email at
pino.maria@epa.gov. If you have
questions concerning EPA’s action
related to New Jersey, please contact
Henry Feingersh, (212) 637–3382, or by
email at feingersh.henry@epa.gov.
SUPPLEMENTARY INFORMATION: For
detailed information regarding these
actions, EPA prepared a Technical
Support Document (TSD). The TSD can
be viewed at https://
www.regulations.gov. The following
outline is provided to aid in locating
information in this action.
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I. What are the actions that EPA is taking?
II. What is the background for these actions?
III. What are the effects of these actions?
IV. What is EPA’s analysis of the relevant air
quality data?
V. Final Actions
VI. Statutory and Executive Order Reviews
I. What are the actions that EPA is
taking?
Pursuant to section 179(c) of the CAA,
EPA is making a determination that the
Philadelphia Area attained the 1997
PM2.5 NAAQS by its attainment date,
April 5, 2010. This determination is
based upon quality assured and certified
ambient air monitoring data for the
2007–2009 monitoring period that
shows the area has monitored
attainment of the 1997 PM2.5 NAAQS
during this monitoring period.
EPA is also making a clean data
determination, finding that the
Philadelphia Area has attained the 1997
PM2.5 NAAQS. This determination is
based upon quality assured and certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 PM2.5 NAAQS for the 2007–2009
and 2008–2010 monitoring periods.
After the effective date of this
determination, the requirement for the
Philadelphia Area to submit an
attainment demonstration, RACM, an
RFP plan, and contingency measures
related to attainment of the 1997 PM2.5
NAAQS shall be suspended for so long
as the area continues to attain the 1997
PM2.5 NAAQS. Although these
requirements are suspended, EPA is not
precluded from acting upon these
elements at any time if submitted to
EPA for review and approval. The States
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18:17 Jan 20, 2012
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of Delaware and New Jersey, and the
Commonwealth of Pennsylvania have
submitted SIP revisions for their
portions of the Philadelphia Area to
EPA for review and approval.
II. What is the background for these
actions?
A. The Philadelphia Area
On July 18, 1997, EPA established a
health-based PM2.5 NAAQS at 15.0
micrograms per cubic meter (mg/m3)
based on a 3-year average of annual
mean PM2.5 concentrations (‘‘the annual
PM2.5 NAAQS’’ or ‘‘the annual
standard’’) (62 FR 36852). At that time,
EPA also established a 24-hour standard
of 65 mg/m3 (the ‘‘1997 24-hour
standard’’). See, 40 CFR 50.7. On
January 5, 2005, EPA published its air
quality designations for the 1997 PM2.5
NAAQS based upon air quality
monitoring data for calendar years
2001–2003 (70 FR 944). These
designations became effective on April
5, 2005. The Philadelphia Area, which
includes the New Castle County in
Delaware; Burlington, Camden, and
Gloucester Counties in New Jersey; and
Bucks, Chester, Delaware, Montgomery,
and Philadelphia Counties in
Pennsylvania was designated
nonattainment for the 1997 annual
PM2.5 NAAQS during this designations
process. See, 40 CFR 81.308, 81.832,
and 81.339. The attainment date for the
1997 annual PM2.5 NAAQS is as
expeditiously as practicable, but no
more than five years from the date of
designation. See, 40 CFR 51.1004(a).
Therefore, the attainment date for the
Philadelphia Area is April 5, 2010.
On October 17, 2006 (71 FR 61144),
EPA retained the 1997 annual PM2.5
NAAQS at 15 mg/m3 based on a 3-year
average of annual mean PM2.5
concentrations, and promulgated a 24hour standard of 35 mg/m3 based on a
3-year average of the 98th percentile of
24-hour concentrations (the ‘‘2006 24hour standard’’). On November 13,
2009, EPA published the area
designations for the 2006 24-hour
standard (74 FR 58688). That action,
effective on December 14, 2009,
designated the same Philadelphia Area
as nonattainment for the 2006 24-hour
standard and clarified that the
Philadelphia Area is designated as
unclassifiable/attainment for the 1997
24-hour PM2.5 standard. This
rulemaking only addresses the 1997
annual PM2.5 standard and does not
address the 1997 or the 2006 24-hour
PM2.5 standards.
In response to legal challenges of the
2006 annual standard, the U.S. Court of
Appeals for the District of Columbia
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Circuit (D.C. Circuit) remanded this
standard to EPA for further
consideration. See, American Farm
Bureau Federation and National Pork
Producers Council, et al. v. EPA, 559
F.3d 512 (D.C. Circuit 2009). However,
given that the 1997 and 2006 annual
PM2.5 standards are essentially
identical, attainment of the 1997 annual
standard would also indicate attainment
of the remanded 2006 annual standard.
B. Requirement To Determine
Attainment by the Attainment Date
Under CAA section 179(c), not later
than six months after an areas
attainment date, EPA is required to
make a determination that a
nonattainment area has attained by its
attainment date. EPA is required to
publish that determination in the
Federal Register.
C. Clean Data Determination
Under the provisions of EPA’s PM2.5
implementation rule at 40 CFR
51.1004(c), if EPA issues a
determination that an area is attaining
the relevant standard (through a
rulemaking that includes public notice
and comment), then the area’s
obligations to submit an attainment
demonstration, RACM, RFP plan,
contingency measures, and any other
planning SIPs related to attainment are
suspended for as long as the area
continues to attain. The clean data
determination is not equivalent to a
redesignation. The state must still meet
the statutory requirements for
redesignation in order for the area to be
redesignated to attainment.
D. Ambient Air Quality Monitoring Data
The States of Delaware, and New
Jersey, and the Commonwealth of
Pennsylvania (‘‘the States’’) submitted
quality assured air quality monitoring
data into the EPA Air Quality System
(AQS) database for the 2007–2009 and
2008–2010 monitoring periods. The
States then certified that data. EPA’s
evaluation of this data shows that the
Philadelphia Area has attained the 1997
annual PM2.5 NAAQS. Additional
information on air quality data for the
Philadelphia Area can be found in the
TSD prepared for this action.
III. What are the effects of these
actions?
These actions do not constitute a
redesignation to attainment under
section 107(d)(3) of the CAA. The
designation status of the Philadelphia
Area will remain nonattainment for the
1997 annual PM2.5 NAAQS until such
time as EPA determines that the area
meets the CAA requirements for
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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations
redesignation to attainment, including
an approved maintenance plan.
IV. What is EPA’s analysis of the
relevant air quality data?
A. Determination of Attainment by the
Attainment Date
EPA is making a determination that
the Philadelphia Area has attained the
1997 annual PM2.5 NAAQS by its
applicable attainment date of April 5,
2010. Therefore, EPA has met its
requirement pursuant to CAA section
179(c) to determine, based on the area’s
air quality as of the attainment date,
whether the area attained the standard
by that date. The effect of a final
determination of attainment by the
area’s attainment date will be to
discharge EPA’s obligation under CAA
section 179(c).
The criteria for determining if an area
is attaining the 1997 annual PM2.5
NAAQS are set out in 40 CFR 50.13 and
appendix N. The annual PM2.5 NAAQS
is met when the annual design value is
less than or equal to 15.0 micrograms
per cubic meter (mg/m3). Three years of
valid annual means are required to
produce a valid annual standard design
value. A year meets data completeness
requirements when at least 75 percent of
the scheduled sampling days for each
quarter have valid data. The use of less
than complete data is subject to the
approval of EPA, which may consider
factors such as monitoring site closures/
moves, monitoring diligence, and
nearby concentrations in determining
whether to use such data.
While most of the monitoring data
submitted by the States was complete,
several monitors in the Philadelphia
Area had less than four quarters of
complete data for one or more year in
both the 2007–2009 and 2008–2010
monitoring periods. For these monitors,
EPA applied the data substitution test
set out in the April 1999 EPA guidance
document ‘‘Guideline on Data Handling
Conventions for the PM NAAQS.’’ This
‘‘maximum quarter’’ test is used for
monitors with missing data. Maximum
recorded values are substituted for the
missing data. The resulting design value
is compared to the standard. The
monitor passes if the design value with
maximum values substituted meets the
standard.
Considering 2007–2009 data, six
monitors had less than complete data,
and five of those monitors passed the
maximum quarter test. Therefore, while
the five monitors had less than complete
data, EPA’s evaluation shows that the
monitors meet the NAAQS. Data
handling for the sixth monitor is
discussed below.
Considering 2008–2010 data, four
monitors had less than complete data,
and all four monitors passed the
maximum quarter test. Therefore, while
the four monitors had less than
complete data, EPA’s evaluation shows
that the monitors meet the NAAQS.
Details of EPA’s analysis are set out in
the TSD prepared for this action.
The maximum quarter test could not
be used to show attainment, considering
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B. Clean Data Determination
EPA is making a determination that
the Philadelphia Area is attaining the
1997 annual PM2.5 NAAQS. This
determination of attainment suspends
the CAA requirements for the
Philadelphia Area to submit an
attainment demonstration and the
associated RFP plan, contingency
measures, RACM analysis, and any
other planning SIPs related to
attainment of the 1997 annual PM2.5
NAAQS. These requirements remain
suspended for so long as the area
continues to attain the 1997 annual
PM2.5 NAAQS.
The clean data determination
suspends the requirement to submit an
attainment demonstration, RACM, RFP
plan, contingency measures, and any
other planning SIPs related to
attainment of the 1997 annual PM2.5
NAAQS. This suspension remains in
effect until such time, if any, that EPA
(i) redesignates the area to attainment at
which time those requirements no
longer apply, or (ii) subsequently
determines that the area has violated the
1997 annual PM2.5 NAAQS. This
determination is separate from, and
does not influence or otherwise affect,
any future designation determination or
requirements for the area based on any
new or revised PM2.5 NAAQS. It
remains in effect regardless of whether
EPA designates this area as a
nonattainment area for purposes of any
new or revised PM2.5 NAAQS. Although
these requirements are suspended, EPA
is not precluded from acting upon these
elements.
3149
2007–2009 data, for one monitor located
in Chester County, Pennsylvania. For
this monitor, EPA performed a
statistical analysis of the data, in which
a linear regression relationship is
established between the site with
incomplete data and a nearby site which
has more complete data in the period in
which the incomplete site is missing
data. The linear regression relationship
is based on time periods in which both
monitors were operating. The linear
regression equation developed from the
relationship between the monitors is
used to fill in missing data for the
incomplete monitor, so that the normal
data completeness requirement of 75
percent of data in each quarter of the
three years is met. After the missing
data for the site is filled in, the results
are verified through an additional
statistical test. The results of EPA’s
statistical analysis indicated that while
the Chester County, Pennsylvania
monitor had less than complete data,
the data is sufficient to demonstrate that
the NAAQS has been met. Details of this
analysis are set out in the TSD prepared
for this action.
Consistent with the requirements
contained in 40 CFR part 50, EPA has
reviewed the PM2.5 ambient air
monitoring data for the monitoring
periods 2007–2009 and 2008–2010 for
the Philadelphia Area, as recorded in
the AQS database. On the basis of that
review, EPA has concluded that the
Philadelphia Area attained the 1997
annual PM2.5 NAAQS based on data for
the 2007–2009 and 2008–2010
monitoring periods.
A. Determination of Attainment by the
Attainment Date
According to the PM2.5
implementation rule, the attainment
date for the Philadelphia Area is April
5, 2010, and monitoring data from the
period 2007–2009 is used to determine
if the area attained by April 5, 2010.
Table 1 shows the PM2.5 design values
for each monitor in the Philadelphia
Area for the years 2007–2009. All 2007–
2009 design values are below 15.0 mg/
m3 and EPA’s evaluation shows that all
monitors meet the NAAQS. Therefore,
the Philadelphia Area attained the 1997
annual PM2.5 NAAQS by its attainment
date.
TABLE 1—2007–2009 ANNUAL PM2.5 DESIGN VALUES, PHILADELPHIA AREA
Annual mean (μg/m3)
State
County
Monitor ID
2007
Delaware .................................................
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New Castle .............................................
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100031003
100031007
E:\FR\FM\23JAR1.SGM
13.4
12.5
23JAR1
2008
13.0
11.5
2009
10.2
10.0
2007–2009
Design value
(μg/m3)
12.2
11.3
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TABLE 1—2007–2009 ANNUAL PM2.5 DESIGN VALUES, PHILADELPHIA AREA—Continued
Annual mean (μg/m3)
State
County
Monitor ID
2007
New Jersey .............................................
Pennsylvania ...........................................
Camden ..................................................
Gloucester ..............................................
Bucks ......................................................
Chester ...................................................
Delaware .................................................
Montgomery ............................................
Philadelphia ............................................
100031012
100032004
340071007
340150004
420170012
420290100
420450002
420910013
421010004
421010024
421010047
421010055
421010057
13.4
14.4
13.8
13.3
13.0
14.1
14.7
13.1
13.7
12.9
14.3
*
12.0
2008
12.5
13.5
11.9
11.5
12.7
13.7
13.9
11.7
13.0
12.0
13.5
13.5
13.3
2009
2007–2009
Design value
(μg/m3)
10.6
11.2
9.5
9.3
10.8
14.1
12.4
10.4
10.8
9.9
11.1
11.3
11.1
12.2
13.0
11.7
11.4
12.2
13.9
13.7
11.7
12.5
11.6
13.0
12.4
12.1
*NOTE: Monitor 421010055 in Philadelphia County, Pennsylvania, started operating in 2008.
B. Clean Data Determination
Table 2 shows the PM2.5 design values
for each monitor in the Philadelphia
Area for the years 2008–2010. All 2008–
2010 design values are below 15.0 mg/
m3 and EPA’s evaluation shows that all
monitors meet the NAAQS. Therefore,
the Philadelphia Area attained the 1997
annual PM2.5 NAAQS.
TABLE 2—2008–2010 ANNUAL PM2.5 DESIGN VALUES, PHILADELPHIA AREA
Annual mean (μg/m3)
State
County
Monitor ID
2008
Delaware .................................................
New Castle .............................................
New Jersey .............................................
Camden ..................................................
Gloucester ..............................................
Bucks ......................................................
Chester ...................................................
Delaware .................................................
Montgomery ............................................
Philadelphia ............................................
Pennsylvania ...........................................
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V. Final Actions
EPA is making two determinations
regarding the Philadelphia Area. First,
EPA is making a determination that the
Philadelphia Area has attained the 1997
annual PM2.5 NAAQS. This clean data
determination suspends the
requirements for the Philadelphia Area
to submit an attainment demonstration
and associated RACM, RFP plan,
contingency measures, and any other
planning requirements related to
attainment of the 1997 annual PM2.5
NAAQS, as provided in 40 CFR
51.1004(c), so long as the area continues
to attain the 1997 annual PM2.5 NAAQS.
Second, pursuant to section 179(c) of
the CAA, EPA is making a
determination that the Philadelphia
Area has attained the 1997 annual PM2.5
NAAQS by its attainment date, April 5,
2010. These determinations are based
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100031003
100031007
100031012
100032004
340071007
340150004
420170012
420290100
420450002
420910013
421010004
421010024
421010047
421010055
421010057
upon complete, quality assured, and
certified ambient air monitoring data
that show the area has monitored
attainment of the 1997 annual PM2.5
NAAQS for the 2007–2009 and 2008–
2010 monitoring periods.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on March 23, 2012 without
further notice unless EPA receives
adverse comment by February 22, 2012.
If EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
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13.0
11.5
12.5
13.5
11.9
11.5
12.7
13.7
13.9
11.7
13.0
12.0
13.5
13.5
13.3
2009
10.2
10.0
10.6
11.2
9.5
9.3
10.8
14.1
12.4
10.4
10.8
9.9
11.1
11.3
11.1
2010
2008–2010
Design value
(μg/m3)
10.2
10.0
10.4
10.6
9.5
9.1
10.5
13.8
13.5
9.5
10.7
9.6
11.0
11.3
10.9
11.1
10.5
11.2
11.7
10.3
10.0
11.3
13.8
13.3
10.5
11.5
10.5
11.9
12.0
11.7
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
VI. Statutory and Executive Order
Reviews
This action makes determinations of
attainment based on air quality, and
result in the suspension of certain
federal requirements. This action does
not impose additional requirements
beyond those imposed by state law. For
that reason, this 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
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 Philadelphia Area has attained
the1997 annual PM2.5 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
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18:17 Jan 20, 2012
Jkt 226001
‘‘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 March 23, 2012.
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 Philadelphia
Area has attained the 1997 annual PM2.5
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,
Particulate matter, Reporting and
record-keeping requirements.
Dated: December 8, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
Dated: January 3, 2012.
Judith A. Enck,
Regional Administrator, Region II.
Part 52, 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 et seq.
Subpart I—Delaware
2. Section 52.425 is added to read as
follows:
■
§ 52.425
Determinations of Attainment.
Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Philadelphia-Wilmington, PA–NJ–DE
fine particle (PM2.5) nonattainment area
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. Therefore, EPA has met
the requirement pursuant to CAA
section 179(c) to determine, based on
the area’s air quality as of the attainment
date, whether the area attained the
standard. EPA also determined that the
Philadelphia-Wilmington, PA–NJ–DE
PM2.5 nonattainment area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
PO 00000
Frm 00083
Fmt 4700
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3151
3. Section 52.427 is added to read as
follows:
■
§ 52.427
matter.
Control strategy: Particulate
Determination of Attainment. EPA
has determined, as of January 23, 2012,
that based on 2007 to 2009 and 2008 to
2010 ambient air quality data, the
Philadelphia-Wilmington, PA–NJ–DE
nonattainment area has attained the
1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
Subpart FF—New Jersey
4. Section 52.1576 is added to read as
follows:
■
§ 52.1576
Determinations of Attainment.
Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Philadelphia-Wilmington, PA–NJ–DE
fine particle (PM2.5) nonattainment area
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. Therefore, EPA has met
the requirement pursuant to CAA
section 179(c) to determine, based on
the area’s air quality as of the attainment
date, whether the area attained the
standard. EPA also determined that the
Philadelphia-Wilmington, PA–NJ–DE
PM2.5 nonattainment area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
■ 5. Section 52.1602 is amended by
adding new paragraph (d) to read as
follows:
§ 52.1602 Control strategy and
regulations: PM2.5.
*
*
*
*
*
(d) Determination of Attainment. EPA
has determined, as of January 23, 2012,
that the Philadelphia-Wilmington, PA–
NJ–DE fine particle (PM2.5)
nonattainment area has attained the
1997 PM2.5 National Ambient Air
Quality Standard. This determination,
in accordance with 40 CFR 51.1004(c),
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and other
planning SIPs related to attainment of
the standard for as long as the area
E:\FR\FM\23JAR1.SGM
23JAR1
3152
Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations
continues to attain the 1997 PM2.5
NAAQS.
ACTION:
6. Section 52.2056 is amended by
adding paragraph (f) to read as follows:
■
Determinations of Attainment.
*
*
*
*
*
(f) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Philadelphia-Wilmington, PA–NJ–DE
fine particle (PM2.5) nonattainment area
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. Therefore, EPA has met
the requirement pursuant to CAA
section 179(c) to determine, based on
the area’s air quality as of the attainment
date, whether the area attained the
standard. EPA also determined that the
Philadelphia-Wilmington, PA–NJ–DE
PM2.5 nonattainment area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
■ 7. Section 52.2059 is amended by
adding paragraph (e) to read as follows:
§ 52.2059
matter.
Control strategy: Particulate
*
*
*
*
*
(e) Determination of Attainment. EPA
has determined, as of January 23, 2012,
that based on 2007 to 2009 and 2008 to
2010 ambient air quality data, the
Philadelphia-Wilmington, PA–NJ–DE
nonattainment area has attained the
1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
[FR Doc. 2012–1089 Filed 1–20–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
mstockstill on DSK4VPTVN1PROD with RULES
[EPA–R06–RCRA–2011–0407; FRL–9613–6]
New Mexico: Final Authorization of
State-Initiated Changes and
Incorporation-by-Reference of State
Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Mar<15>2010
18:17 Jan 20, 2012
Jkt 226001
During a review of New
Mexico’s regulations, the EPA identified
a variety of State-initiated changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). We have determined that
these changes are minor and satisfy all
requirements needed to qualify for Final
authorization and are authorizing the
State-initiated changes through this
Direct Final action.
The Solid Waste Disposal Act, as
amended, commonly referred to as the
Resource Conservation and Recovery
Act (RCRA), allows the Environmental
Protection Agency (EPA) to authorize
States to operate their hazardous waste
management programs in lieu of the
Federal program. The EPA uses the
regulations entitled ‘‘Approved State
Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. The
rule codifies in the regulations the prior
approval of New Mexico’s hazardous
waste management program and
incorporates by reference authorized
provisions of the State’s statutes and
regulations.
SUMMARY:
Subpart NN—Pennsylvania
§ 52.2056
Direct final rule.
This regulation is effective
March 23, 2012, unless the EPA receives
adverse written comment on this
regulation by the close of business
February 22, 2012. If the EPA receives
such comments, it will publish a timely
withdrawal of this immediate final rule
in the Federal Register informing the
public that this rule will not take effect.
The Director of the Federal Register
approves this incorporation by reference
as of March 23, 2012 in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
or Julia Banks, Codification Coordinator,
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
DATES:
PO 00000
Frm 00084
Fmt 4700
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1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–RCRA–201–
0407.
EPA’s policy is that all comments
received will be included in the public
docket without change, including
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 https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the 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 the EPA without
going through https://
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, the 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 the EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, the 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. (For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at
https://www.epa.gov/epahome/
dockets.htm).
You can view and copy the
documents that form the basis for this
codification and associated publicly
available materials from 8:30 a.m. to
4 p.m. Monday through Friday at the
following location: EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202–2733,
phone number (214) 665–8533 or (214)
665–8178. Interested persons wanting to
examine these documents should make
an appointment with the office at least
two weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator (214) 665–
8533, or Julia Banks, Codification
Coordinator, (214) 665–8178, State/
Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733, or
E:\FR\FM\23JAR1.SGM
23JAR1
]]>Agencies
[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3147-3152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1089]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0714; FRL-9620-3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of
the 1997 Annual Fine Particulate Standard for the Philadelphia-
Wilmington Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to make two determinations
regarding the Philadelphia-Wilmington fine particulate
(PM2.5) nonattainment area (the Philadelphia Area). First,
EPA is making a determination that the Philadelphia Area has attained
the 1997 annual PM2.5 national ambient air quality standard
(NAAQS) by its attainment date of April 5, 2010. This determination is
based upon quality assured and certified ambient air monitoring data
that show the area has monitored attainment of the 1997 annual
PM2.5 NAAQS for the 2007-2009 monitoring period. Second, EPA
is making a clean data determination, finding that the Philadelphia
Area has attained the 1997 PM2.5 NAAQS, based on quality
assured and certified ambient air monitoring data for the 2007-2009 and
2008-2010 monitoring periods. In accordance with EPA's applicable
PM2.5 implementation rule, this determination suspends the
requirement for the Philadelphia Area to submit an attainment
demonstration, reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, and contingency measures
related to attainment of the 1997 annual PM2.5 NAAQS for so
long as the area continues to attain the 1997 annual PM2.5
NAAQS. Although these requirements are suspended, EPA is not precluded
from acting upon these elements at any time if submitted to EPA for
review and approval. These actions are being taken under the Clean Air
Act (CAA).
DATES: This rule is effective on March 23, 2012 without further notice,
unless EPA receives adverse written comment by February 22, 2012. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0714 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-2011-0714, 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-
2011-0714. 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
[[Page 3148]]
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: If you have questions concerning EPA's
action related to Delaware or Pennsylvania, please contact Maria A.
Pino, (215) 814-2181, or by email at pino.maria@epa.gov. If you have
questions concerning EPA's action related to New Jersey, please contact
Henry Feingersh, (212) 637-3382, or by email at
feingersh.henry@epa.gov.
SUPPLEMENTARY INFORMATION: For detailed information regarding these
actions, EPA prepared a Technical Support Document (TSD). The TSD can
be viewed at https://www.regulations.gov. The following outline is
provided to aid in locating information in this action.
I. What are the actions that EPA is taking?
II. What is the background for these actions?
III. What are the effects of these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Final Actions
VI. Statutory and Executive Order Reviews
I. What are the actions that EPA is taking?
Pursuant to section 179(c) of the CAA, EPA is making a
determination that the Philadelphia Area attained the 1997
PM2.5 NAAQS by its attainment date, April 5, 2010. This
determination is based upon quality assured and certified ambient air
monitoring data for the 2007-2009 monitoring period that shows the area
has monitored attainment of the 1997 PM2.5 NAAQS during this
monitoring period.
EPA is also making a clean data determination, finding that the
Philadelphia Area has attained the 1997 PM2.5 NAAQS. This
determination is based upon quality assured and certified ambient air
monitoring data that show the area has monitored attainment of the 1997
PM2.5 NAAQS for the 2007-2009 and 2008-2010 monitoring
periods. After the effective date of this determination, the
requirement for the Philadelphia Area to submit an attainment
demonstration, RACM, an RFP plan, and contingency measures related to
attainment of the 1997 PM2.5 NAAQS shall be suspended for so
long as the area continues to attain the 1997 PM2.5 NAAQS.
Although these requirements are suspended, EPA is not precluded from
acting upon these elements at any time if submitted to EPA for review
and approval. The States of Delaware and New Jersey, and the
Commonwealth of Pennsylvania have submitted SIP revisions for their
portions of the Philadelphia Area to EPA for review and approval.
II. What is the background for these actions?
A. The Philadelphia Area
On July 18, 1997, EPA established a health-based PM2.5
NAAQS at 15.0 micrograms per cubic meter ([micro]g/m\3\) based on a 3-
year average of annual mean PM2.5 concentrations (``the
annual PM2.5 NAAQS'' or ``the annual standard'') (62 FR
36852). At that time, EPA also established a 24-hour standard of 65
[mu]g/m\3\ (the ``1997 24-hour standard''). See, 40 CFR 50.7. On
January 5, 2005, EPA published its air quality designations for the
1997 PM2.5 NAAQS based upon air quality monitoring data for
calendar years 2001-2003 (70 FR 944). These designations became
effective on April 5, 2005. The Philadelphia Area, which includes the
New Castle County in Delaware; Burlington, Camden, and Gloucester
Counties in New Jersey; and Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties in Pennsylvania was designated nonattainment for
the 1997 annual PM2.5 NAAQS during this designations
process. See, 40 CFR 81.308, 81.832, and 81.339. The attainment date
for the 1997 annual PM2.5 NAAQS is as expeditiously as
practicable, but no more than five years from the date of designation.
See, 40 CFR 51.1004(a). Therefore, the attainment date for the
Philadelphia Area is April 5, 2010.
On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15 [mu]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations, and promulgated a 24-hour
standard of 35 [mu]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations (the ``2006 24-hour standard'').
On November 13, 2009, EPA published the area designations for the 2006
24-hour standard (74 FR 58688). That action, effective on December 14,
2009, designated the same Philadelphia Area as nonattainment for the
2006 24-hour standard and clarified that the Philadelphia Area is
designated as unclassifiable/attainment for the 1997 24-hour
PM2.5 standard. This rulemaking only addresses the 1997
annual PM2.5 standard and does not address the 1997 or the
2006 24-hour PM2.5 standards.
In response to legal challenges of the 2006 annual standard, the
U.S. Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) remanded this standard to EPA for further consideration. See,
American Farm Bureau Federation and National Pork Producers Council, et
al. v. EPA, 559 F.3d 512 (D.C. Circuit 2009). However, given that the
1997 and 2006 annual PM2.5 standards are essentially
identical, attainment of the 1997 annual standard would also indicate
attainment of the remanded 2006 annual standard.
B. Requirement To Determine Attainment by the Attainment Date
Under CAA section 179(c), not later than six months after an areas
attainment date, EPA is required to make a determination that a
nonattainment area has attained by its attainment date. EPA is required
to publish that determination in the Federal Register.
C. Clean Data Determination
Under the provisions of EPA's PM2.5 implementation rule
at 40 CFR 51.1004(c), if EPA issues a determination that an area is
attaining the relevant standard (through a rulemaking that includes
public notice and comment), then the area's obligations to submit an
attainment demonstration, RACM, RFP plan, contingency measures, and any
other planning SIPs related to attainment are suspended for as long as
the area continues to attain. The clean data determination is not
equivalent to a redesignation. The state must still meet the statutory
requirements for redesignation in order for the area to be redesignated
to attainment.
D. Ambient Air Quality Monitoring Data
The States of Delaware, and New Jersey, and the Commonwealth of
Pennsylvania (``the States'') submitted quality assured air quality
monitoring data into the EPA Air Quality System (AQS) database for the
2007-2009 and 2008-2010 monitoring periods. The States then certified
that data. EPA's evaluation of this data shows that the Philadelphia
Area has attained the 1997 annual PM2.5 NAAQS. Additional
information on air quality data for the Philadelphia Area can be found
in the TSD prepared for this action.
III. What are the effects of these actions?
These actions do not constitute a redesignation to attainment under
section 107(d)(3) of the CAA. The designation status of the
Philadelphia Area will remain nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA determines that the area
meets the CAA requirements for
[[Page 3149]]
redesignation to attainment, including an approved maintenance plan.
A. Determination of Attainment by the Attainment Date
EPA is making a determination that the Philadelphia Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010. Therefore, EPA has met its
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard by that date. The effect of a final determination of
attainment by the area's attainment date will be to discharge EPA's
obligation under CAA section 179(c).
B. Clean Data Determination
EPA is making a determination that the Philadelphia Area is
attaining the 1997 annual PM2.5 NAAQS. This determination of
attainment suspends the CAA requirements for the Philadelphia Area to
submit an attainment demonstration and the associated RFP plan,
contingency measures, RACM analysis, and any other planning SIPs
related to attainment of the 1997 annual PM2.5 NAAQS. These
requirements remain suspended for so long as the area continues to
attain the 1997 annual PM2.5 NAAQS.
The clean data determination suspends the requirement to submit an
attainment demonstration, RACM, RFP plan, contingency measures, and any
other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS. This suspension remains in effect until such
time, if any, that EPA (i) redesignates the area to attainment at which
time those requirements no longer apply, or (ii) subsequently
determines that the area has violated the 1997 annual PM2.5
NAAQS. This determination is separate from, and does not influence or
otherwise affect, any future designation determination or requirements
for the area based on any new or revised PM2.5 NAAQS. It
remains in effect regardless of whether EPA designates this area as a
nonattainment area for purposes of any new or revised PM2.5
NAAQS. Although these requirements are suspended, EPA is not precluded
from acting upon these elements.
IV. What is EPA's analysis of the relevant air quality data?
The criteria for determining if an area is attaining the 1997
annual PM2.5 NAAQS are set out in 40 CFR 50.13 and appendix
N. The annual PM2.5 NAAQS is met when the annual design
value is less than or equal to 15.0 micrograms per cubic meter ([mu]g/
m\3\). Three years of valid annual means are required to produce a
valid annual standard design value. A year meets data completeness
requirements when at least 75 percent of the scheduled sampling days
for each quarter have valid data. The use of less than complete data is
subject to the approval of EPA, which may consider factors such as
monitoring site closures/moves, monitoring diligence, and nearby
concentrations in determining whether to use such data.
While most of the monitoring data submitted by the States was
complete, several monitors in the Philadelphia Area had less than four
quarters of complete data for one or more year in both the 2007-2009
and 2008-2010 monitoring periods. For these monitors, EPA applied the
data substitution test set out in the April 1999 EPA guidance document
``Guideline on Data Handling Conventions for the PM NAAQS.'' This
``maximum quarter'' test is used for monitors with missing data.
Maximum recorded values are substituted for the missing data. The
resulting design value is compared to the standard. The monitor passes
if the design value with maximum values substituted meets the standard.
Considering 2007-2009 data, six monitors had less than complete
data, and five of those monitors passed the maximum quarter test.
Therefore, while the five monitors had less than complete data, EPA's
evaluation shows that the monitors meet the NAAQS. Data handling for
the sixth monitor is discussed below.
Considering 2008-2010 data, four monitors had less than complete
data, and all four monitors passed the maximum quarter test. Therefore,
while the four monitors had less than complete data, EPA's evaluation
shows that the monitors meet the NAAQS. Details of EPA's analysis are
set out in the TSD prepared for this action.
The maximum quarter test could not be used to show attainment,
considering 2007-2009 data, for one monitor located in Chester County,
Pennsylvania. For this monitor, EPA performed a statistical analysis of
the data, in which a linear regression relationship is established
between the site with incomplete data and a nearby site which has more
complete data in the period in which the incomplete site is missing
data. The linear regression relationship is based on time periods in
which both monitors were operating. The linear regression equation
developed from the relationship between the monitors is used to fill in
missing data for the incomplete monitor, so that the normal data
completeness requirement of 75 percent of data in each quarter of the
three years is met. After the missing data for the site is filled in,
the results are verified through an additional statistical test. The
results of EPA's statistical analysis indicated that while the Chester
County, Pennsylvania monitor had less than complete data, the data is
sufficient to demonstrate that the NAAQS has been met. Details of this
analysis are set out in the TSD prepared for this action.
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the PM2.5 ambient air monitoring data for the
monitoring periods 2007-2009 and 2008-2010 for the Philadelphia Area,
as recorded in the AQS database. On the basis of that review, EPA has
concluded that the Philadelphia Area attained the 1997 annual
PM2.5 NAAQS based on data for the 2007-2009 and 2008-2010
monitoring periods.
A. Determination of Attainment by the Attainment Date
According to the PM2.5 implementation rule, the
attainment date for the Philadelphia Area is April 5, 2010, and
monitoring data from the period 2007-2009 is used to determine if the
area attained by April 5, 2010. Table 1 shows the PM2.5
design values for each monitor in the Philadelphia Area for the years
2007-2009. All 2007-2009 design values are below 15.0 [mu]g/m\3\ and
EPA's evaluation shows that all monitors meet the NAAQS. Therefore, the
Philadelphia Area attained the 1997 annual PM2.5 NAAQS by
its attainment date.
Table 1--2007-2009 Annual PM[ihel2].[ihel5] Design Values, Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Annual mean ([mu]g/m\3\) 2007-2009
State County Monitor ID --------------------------- Design value
2007 2008 2009 ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Delaware......................... New Castle.......... 100031003 13.4 13.0 10.2 12.2
100031007 12.5 11.5 10.0 11.3
[[Page 3150]]
100031012 13.4 12.5 10.6 12.2
100032004 14.4 13.5 11.2 13.0
New Jersey....................... Camden.............. 340071007 13.8 11.9 9.5 11.7
Gloucester.......... 340150004 13.3 11.5 9.3 11.4
Pennsylvania..................... Bucks............... 420170012 13.0 12.7 10.8 12.2
Chester............. 420290100 14.1 13.7 14.1 13.9
Delaware............ 420450002 14.7 13.9 12.4 13.7
Montgomery.......... 420910013 13.1 11.7 10.4 11.7
Philadelphia........ 421010004 13.7 13.0 10.8 12.5
421010024 12.9 12.0 9.9 11.6
421010047 14.3 13.5 11.1 13.0
421010055 * 13.5 11.3 12.4
421010057 12.0 13.3 11.1 12.1
----------------------------------------------------------------------------------------------------------------
*Note: Monitor 421010055 in Philadelphia County, Pennsylvania, started operating in 2008.
B. Clean Data Determination
Table 2 shows the PM2.5 design values for each monitor
in the Philadelphia Area for the years 2008-2010. All 2008-2010 design
values are below 15.0 [mu]g/m\3\ and EPA's evaluation shows that all
monitors meet the NAAQS. Therefore, the Philadelphia Area attained the
1997 annual PM2.5 NAAQS.
Table 2--2008-2010 Annual PM[ihel2].[ihel5] Design Values, Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Annual mean ([mu]g/m\3\) 2008-2010
State County Monitor ID --------------------------- Design value
2008 2009 2010 ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Delaware......................... New Castle.......... 100031003 13.0 10.2 10.2 11.1
100031007 11.5 10.0 10.0 10.5
100031012 12.5 10.6 10.4 11.2
100032004 13.5 11.2 10.6 11.7
New Jersey....................... Camden.............. 340071007 11.9 9.5 9.5 10.3
Gloucester.......... 340150004 11.5 9.3 9.1 10.0
Pennsylvania..................... Bucks............... 420170012 12.7 10.8 10.5 11.3
Chester............. 420290100 13.7 14.1 13.8 13.8
Delaware............ 420450002 13.9 12.4 13.5 13.3
Montgomery.......... 420910013 11.7 10.4 9.5 10.5
Philadelphia........ 421010004 13.0 10.8 10.7 11.5
421010024 12.0 9.9 9.6 10.5
421010047 13.5 11.1 11.0 11.9
421010055 13.5 11.3 11.3 12.0
421010057 13.3 11.1 10.9 11.7
----------------------------------------------------------------------------------------------------------------
V. Final Actions
EPA is making two determinations regarding the Philadelphia Area.
First, EPA is making a determination that the Philadelphia Area has
attained the 1997 annual PM2.5 NAAQS. This clean data
determination suspends the requirements for the Philadelphia Area to
submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning requirements related to
attainment of the 1997 annual PM2.5 NAAQS, as provided in 40
CFR 51.1004(c), so long as the area continues to attain the 1997 annual
PM2.5 NAAQS. Second, pursuant to section 179(c) of the CAA,
EPA is making a determination that the Philadelphia Area has attained
the 1997 annual PM2.5 NAAQS by its attainment date, April 5,
2010. These determinations are based upon complete, quality assured,
and certified ambient air monitoring data that show the area has
monitored attainment of the 1997 annual PM2.5 NAAQS for the
2007-2009 and 2008-2010 monitoring periods.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on March 23, 2012 without further
notice unless EPA receives adverse comment by February 22, 2012. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
VI. Statutory and Executive Order Reviews
This action makes determinations of attainment based on air
quality, and result in the suspension of certain federal requirements.
This action does not impose additional requirements beyond those
imposed by state law. For that reason, this 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);
[[Page 3151]]
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 Philadelphia Area has
attained the1997 annual PM2.5 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 March 23, 2012. 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 Philadelphia Area
has attained the 1997 annual PM2.5 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, Particulate matter, Reporting
and record-keeping requirements.
Dated: December 8, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
Dated: January 3, 2012.
Judith A. Enck,
Regional Administrator, Region II.
Part 52, chapter I, title 40 of the Code of Federal Regulations 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 I--Delaware
0
2. Section 52.425 is added to read as follows:
Sec. 52.425 Determinations of Attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard. EPA also determined that the
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
0
3. Section 52.427 is added to read as follows:
Sec. 52.427 Control strategy: Particulate matter.
Determination of Attainment. EPA has determined, as of January 23,
2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality
data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area has
attained the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
Subpart FF--New Jersey
0
4. Section 52.1576 is added to read as follows:
Sec. 52.1576 Determinations of Attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard. EPA also determined that the
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
0
5. Section 52.1602 is amended by adding new paragraph (d) to read as
follows:
Sec. 52.1602 Control strategy and regulations: PM2.5.
* * * * *
(d) Determination of Attainment. EPA has determined, as of January
23, 2012, that the Philadelphia-Wilmington, PA-NJ-DE fine particle
(PM2.5) nonattainment area has attained the 1997
PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area
[[Page 3152]]
continues to attain the 1997 PM2.5 NAAQS.
Subpart NN--Pennsylvania
0
6. Section 52.2056 is amended by adding paragraph (f) to read as
follows:
Sec. 52.2056 Determinations of Attainment.
* * * * *
(f) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard. EPA also determined that the
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
0
7. Section 52.2059 is amended by adding paragraph (e) to read as
follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(e) Determination of Attainment. EPA has determined, as of January
23, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air
quality data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area
has attained the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual PM2.5 NAAQS.
[FR Doc. 2012-1089 Filed 1-20-12; 8:45 am]
BILLING CODE 6560-50-P
