Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area Determinations of Attainment of the 1997 Annual Fine Particulate Standard, 34297-34300 [2012-14094]
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Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Proposed Rules
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 31, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–14160 Filed 6–8–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0370; FRL–9685–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Pittsburgh-Beaver
Valley Nonattainment Area
Determinations of Attainment of the
1997 Annual Fine Particulate Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to make two
determinations regarding the PittsburghBeaver Valley fine particulate matter
(PM2.5) nonattainment area (hereafter
referred to as ‘‘the Pittsburgh Area’’ or
‘‘the Area’’). First, EPA is proposing to
determine that the Area has attained the
1997 annual PM2.5 National Ambient
Air Quality Standard (NAAQS). This
proposed determination of attainment is
based upon complete, quality-assured
and certified ambient air monitoring
data for the 2008–2010 period and data
available to date for 2011, showing that
the Area has monitored attainment of
the 1997 annual PM2.5 NAAQS. If EPA
finalizes this proposed determination of
attainment, the requirements for the
Area to submit an attainment
demonstration and associated
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, contingency measures, and
other planning State Implementation
Plan (SIP) revisions related to the
attainment of the standard shall be
suspended for so long as the Area
continues to attain the annual PM2.5
NAAQS. EPA is also proposing to
determine, based on quality-assured and
certified monitoring data for the 2007–
2009 monitoring period, that the Area
has attained the 1997 annual PM2.5
NAAQS by its applicable attainment
date of April 5, 2010. These actions are
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being taken under the Clean Air Act
(CAA).
Written comments must be
received on or before July 11, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0370 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2012–0370,
Donna Mastro, Acting 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–2012–
0370. 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
DATES:
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34297
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:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What are the actions EPA is proposing?
II. What is the background of these actions?
III. What is EPA’s analysis of the relevant air
quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews
I. What are the actions EPA is
proposing?
In accordance with section 179(c)(1)
of the CAA, 42 U.S.C. 7509(c)(1), and 40
CFR 51.1004(c), EPA is proposing to
determine that the Pittsburgh Area has
attained the 1997 annual PM2.5 NAAQS.
The proposal is based upon qualityassured and certified ambient air
monitoring data for the 2008–2010
monitoring periods and data available to
date for 2011 that show that the
Pittsburgh Area attained the 1997
annual PM2.5 NAAQS. EPA is also
proposing to determine, in accordance
with EPA’s PM2.5 Implementation Rule
of April 25, 2007 (72 FR 20664), that the
Pittsburgh Area has attained the 1997
annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010, based
upon quality-assured and certified
ambient air monitoring data for the
2007–2009 monitoring periods.
II. What is the background of these
actions?
On July 18, 1997, EPA established an
annual PM2.5 NAAQS at 15.0
micrograms per cubic meter (mg/m3)
(hereafter referred to as ‘‘the annual
PM2.5 NAAQS’’ or ‘‘the annual
standard’’), based on a 3-year average of
annual mean PM2.5 concentrations (62
FR 36852). At that time, EPA also
established a 24-hour standard of 65 mg/
m3. See 40 CFR 50.7. The 1997 PM2.5
standards were based on significant
evidence and numerous health studies
demonstrating that serious health effects
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Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Proposed Rules
are associated with exposures to
particulate matter.
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in section
107(d)(1) of the CAA. On January 5,
2005, EPA published its air quality
designations and classifications 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 Pittsburgh Area was
designated nonattainment for the annual
PM2.5 NAAQS during this designations
process. The Pittsburgh Area is
comprised of the counties of Beaver,
Butler, Washington, and Westmoreland
in their entireties, and portions of
Allegheny, Armstrong, Greene, and
Lawrence Counties. See 40 CFR 81.339
(Pennsylvania).
On October 17, 2006, EPA retained
the annual PM2.5 NAAQS at 15.0 mg/m3
based on a 3-year average of annual
mean PM2.5 concentrations and
promulgated a new 24-hour standard of
35 mg/m3 (the ‘‘2006 24-hour standard’’)
based on a 3-year average of the 98th
percentile of 24-hour concentrations (71
FR 61144). On November 13, 2009, EPA
designated the Pittsburgh Area as
attainment for the 2006 24-hour
standard (74 FR 58688). In that action,
EPA also clarified the designations for
the PM2.5 NAAQS promulgated in 1997
stating that the Pittsburgh Area was
attainment for the 1997 24-hour
standard. Today’s action, however, does
not address either the 1997 or the 2006
24-hour standard.
In response to legal challenges of the
annual standards promulgated in 2006,
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. Cir. 2009). However,
given that the 1997 and 2006 annual
standards are identical, attainment of
the 1997 annual standard would also
indicate attainment of the remanded
2006 annual standard.
On April 25, 2007, EPA promulgated
its PM2.5 implementation rule, codified
at 40 CFR part 51, subpart Z, in which
EPA provided guidance for state and
tribal plans to implement the 1997 PM2.5
NAAQS (72 FR 20664). This rule, at 40
CFR 51.1004(c), specifies some of the
regulatory consequences of attaining the
standard, as discussed later.
as determined in accordance with 40
CFR part 50, appendix N, is less than or
equal to 15.0 mg/m3 at all relevant
monitoring sites in the subject area.
EPA has determined that the PM2.5
monitoring network for the Pittsburgh
Area is adequate. First, the number of
monitors in the Area meets the
minimum regulatory requirements given
in 40 CFR part 58, appendix D. Second,
the monitoring is in accordance with the
monitoring plans that have been
reviewed and approved by EPA. EPA
has reviewed the quality-assured,
quality-controlled, certified ambient air
monitoring data recorded in the EPA’s
AQS database for PM2.5 for the
Pittsburgh Area from 2007–2009 and
2009–2010, consistent with the
requirements contained in 40 CFR part
50. Preliminary PM2.5 data for 2011,
which is not yet quality-assured and
quality-controlled, was also reviewed.
Table 1 shows the design values (i.e.,
the 3-year average of annual mean PM2.5
concentrations) for the annual PM2.5
NAAQS for the Pittsburgh Area
monitors for the years 2007–2009. Table
2 shows the design values for the annual
PM2.5 NAAQS for the Pittsburgh Area
monitors for the years 2008–2010. Table
3 shows the air quality preliminary data
available to date for 2011. EPA’s review
of these data indicates that the
Pittsburgh Area has met the annual
PM2.5 NAAQS and that the Area
attained the annual PM2.5 standard by
its attainment date of April 5, 2010.
III. What is EPA’s analysis of the
relevant air quality data?
Today’s proposed rulemaking action
determines that the Pittsburgh Area has
met the annual PM2.5 NAAQS, based on
the most recent three years of qualityassured data, and that the Area attained
the annual PM2.5 NAAQS by its
applicable attainment date of April 5,
2010. Under EPA regulations at 40 CFR
50.7, the annual primary and secondary
PM2.5 standards are met when the
annual arithmetic mean concentration,
TABLE 1—PITTSBURGH AREA 2007–2009 ANNUAL PM2.5 DATA
[In μg/m3]
2007
Annual
mean
County
Site ID
Site name
Allegheny ....................................
Allegheny ....................................
Allegheny ....................................
Allegheny ....................................
Allegheny ....................................
Beaver .........................................
Washington .................................
Washington .................................
Washington .................................
Westmoreland .............................
42–003–0067
42–003–0093
42–003–0095
42–003–1008
42–003–1301
42–007–0014
42–125–0005
42–125–0200
42–125–5001
42–129–0008
South Fayette .............................
North Park ..................................
Moon ...........................................
Harrison ......................................
North Braddock ..........................
Beaver Falls ...............................
Charleroi .....................................
Washington .................................
Florence ......................................
Greensburg .................................
2008
Annual
mean
13.5
13.0
13.6
15.1
16.6
15.9
15.6
14.8
13.8
15.3
10.8
(*)
(*)
13.4
14.1
13.7
13.0
12.3
11.3
12.7
2009
Annual
mean
10.8
9.6
9.4
12.7
12.1
13.0
12.6
11.1
12.2
13.5
2007–2009
Design
value
11.7
11.3
11.5
13.7
14.3
14.2
13.7
12.7
12.4
13.8
* Incomplete data.
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TABLE 2—PITTSBURGH AREA 2008–2010 ANNUAL PM2.5 DATA
[in μg/m3]
County
Allegheny
Allegheny
Allegheny
Allegheny
Allegheny
....................................
....................................
....................................
....................................
....................................
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2008
Annual
mean
Site ID
Site name
42–003–0067
42–003–0093
42–003–0095
42–003–1008
42–003–1301
South Fayette .............................
North Park ..................................
Moon ...........................................
Harrison ......................................
North Braddock ..........................
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10.8
(*)
(*)
13.4
14.1
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2009
Annual
mean
10.8
9.6
9.4
12.7
12.1
11JNP1
2010
Annual
mean
11.7
10.5
11.5
13.0
13.7
2008–2010
Design
value
11.1
10.1
10.5
13.0
13.3
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TABLE 2—PITTSBURGH AREA 2008–2010 ANNUAL PM2.5 DATA—Continued
[in μg/m3]
2008
Annual
mean
County
Site ID
Site name
Beaver .........................................
Washington .................................
Washington .................................
Washington .................................
Westmoreland .............................
42–007–0014
42–125–0005
42–125–0200
42–125–5001
42–129–0008
Beaver Falls ...............................
Charleroi .....................................
Washington .................................
Florence ......................................
Greensburg .................................
2009
Annual
mean
13.7
13.0
12.3
11.3
12.7
13.0
12.6
11.1
12.2
13.5
2010
Annual
mean
2008–2010
Design
value
13.2
12.5
12.1
8.9
14.0
13.1
12.9
11.8
10.8
13.4
* Incomplete data.
TABLE 3—PITTSBURGH AREA 2011 PRELIMINARY ANNUAL PM2.5 DATA
[in μg/m3]
County
Site ID
Site name
Allegheny ........................................................................
Allegheny ........................................................................
Allegheny ........................................................................
Allegheny ........................................................................
Allegheny ........................................................................
Beaver .............................................................................
Washington .....................................................................
Washington .....................................................................
Washington .....................................................................
Westmoreland .................................................................
42–003–0067
42–003–0093
42–003–0095
42–003–1008
42–003–1301
42–007–0014
42–125–0005
42–125–0200
42–125–5001
42–129–0008
2011
Annual
mean
South Fayette .................................................................
North Park ......................................................................
Moon ...............................................................................
Harrison ..........................................................................
North Braddock ..............................................................
Beaver Falls ...................................................................
Charleroi .........................................................................
Washington .....................................................................
Florence ..........................................................................
Greensburg .....................................................................
10.6
*9.0
**
*11.6
*12.3
11.7
*12.0
10.8
5.9
*13.7
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* Incomplete data.
** No data available, since the monitor’s removal in January 1, 2011.
While most of the monitoring data
satisfy the data completeness
requirement, monitoring sites ID 42–
003–0093 (North Park) and ID 42–003–
0095 (Moon) have missing data for the
year 2008. To determine if the two
monitors are in attainment with the
annual PM2.5 NAAQS during the
monitoring periods 2007–2009 and
2008–2010, EPA has addressed the
missing data by applying a recently
developed statistical procedure. The
diagnostic design values for the North
Park and Moon monitors in the
Pittsburgh Area were below the annual
PM2.5 NAAQS level of 15.0 ug/m3. Thus,
the results indicate that had the North
Park and Moon monitors operated more
days, the monitors would have attained
the annual PM2.5 NAAQS during the
monitoring periods 2007–2009 and
2008–2010. Additional information
about the monitoring network and air
quality data used in this determination
can be found in the Technical Support
Document (TSD) for this action which is
available online at www.regulations.gov,
Docket number EPA–R03–OAR–2012–
0370.
IV. What are the effects of these
actions?
If EPA’s proposed determination of
attainment based on the most recent
three years of quality-assured data is
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made final, the requirements for the
Pittsburgh Area to submit an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
any other planning SIPs related to
attainment of the annual PM2.5 NAAQS
would be suspended for so long as the
Pittsburgh Area continues to attain the
annual PM2.5 NAAQS. See 40 CFR
51.1004(c). Notably, as described below,
any such determination would not be
equivalent to the redesignation of the
Pittsburgh Area to attainment for the
annual PM2.5 NAAQS. If this proposed
determination is finalized and EPA
subsequently determines, after noticeand-comment rulemaking in the Federal
Register, that the Area has violated the
annual PM2.5 NAAQS, the basis for the
suspension of the specific requirements
would no longer exist for the Pittsburgh
Area, and the Area would thereafter
have to address the applicable
requirements. See 40 CFR 51.1004(c).
Finalizing this proposed action would
not constitute a redesignation of the
Area to attainment of the annual PM2.5
NAAQS under section 107(d)(3) of the
CAA. Further, finalizing this proposed
action does not involve approving a
maintenance plan for the Pittsburgh
Area as required under section 175A of
the CAA, nor would it find that the Area
has met all other requirements for
redesignation. Even if EPA finalizes the
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proposed action, the designation status
of the Pittsburgh Area would remain
nonattainment for the annual PM2.5
NAAQS until such time as EPA
determines that the Area meets the CAA
requirements for redesignation to
attainment and takes action to
redesignate the Pittsburgh Area. In
addition, if EPA’s separate and
independent proposed determination
that the Pittsburgh Area has attained the
annual PM2.5 standard by its applicable
attainment date (April 5, 2010) is
finalized, EPA will have met its
requirement pursuant to section
179(c)(1) of the CAA to make a
determination based on the Area’s air
quality data as of the attainment date
whether the Area attained the standard
by that date.
These two actions described above are
proposed determinations regarding the
Pittsburgh Area’s attainment only with
respect to the annual PM2.5 NAAQS.
Today’s actions do not address the 1997
or the 2006 24-hour PM2.5 standards.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
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that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 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 proposed rule 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,
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Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 17, 2012.
W.C. Early
Acting Regional Administrator, Region III.
[FR Doc. 2012–14094 Filed 6–8–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0378; FRL–9685–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revision to Allegheny
County Regulations for Prevention of
Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the Pennsylvania
Department of Environmental Protection
(PADEP). This revision pertains to the
Air Pollution Control portion of the
Allegheny County Health Department
(ACHD) Rules and Regulations, relating
to ACHD’s Prevention of Significant
Deterioration (PSD) program.
Additionally, EPA is proposing to make
a determination that the proposed SIP
revision will satisfy the Clean Air Act
(CAA) infrastructure requirements
relating to PSD for the 1997 ozone and
particulate matter less than 2.5
micrometers (PM2.5) National Ambient
Air Quality Standards (NAAQS) and the
2006 PM2.5 NAAQS. This Action is
being taken under the section 110(k) of
the CAA.
DATES: Written comments must be
received on or before July 11, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0378 by one of the
following methods.
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Cox.Kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2012–0378,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, 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
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0378. 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.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105;
and Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
E:\FR\FM\11JNP1.SGM
11JNP1
]]>Agencies
[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Proposed Rules]
[Pages 34297-34300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14094]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0370; FRL-9685-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area
Determinations of Attainment of the 1997 Annual Fine Particulate
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to make two determinations regarding the
Pittsburgh-Beaver Valley fine particulate matter (PM2.5)
nonattainment area (hereafter referred to as ``the Pittsburgh Area'' or
``the Area''). First, EPA is proposing to determine that the Area has
attained the 1997 annual PM2.5 National Ambient Air Quality
Standard (NAAQS). This proposed determination of attainment is based
upon complete, quality-assured and certified ambient air monitoring
data for the 2008-2010 period and data available to date for 2011,
showing that the Area has monitored attainment of the 1997 annual
PM2.5 NAAQS. If EPA finalizes this proposed determination of
attainment, the requirements for the Area to submit an attainment
demonstration and associated reasonably available control measures
(RACM), a reasonable further progress (RFP) plan, contingency measures,
and other planning State Implementation Plan (SIP) revisions related to
the attainment of the standard shall be suspended for so long as the
Area continues to attain the annual PM2.5 NAAQS. EPA is also
proposing to determine, based on quality-assured and certified
monitoring data for the 2007-2009 monitoring period, that the Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010. These actions are being taken under
the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 11, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0370 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: Mastro.donna@epa.gov.
C. Mail: EPA-R03-OAR-2012-0370, Donna Mastro, Acting 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-
2012-0370. 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: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What are the actions EPA is proposing?
II. What is the background of these actions?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews
I. What are the actions EPA is proposing?
In accordance with section 179(c)(1) of the CAA, 42 U.S.C.
7509(c)(1), and 40 CFR 51.1004(c), EPA is proposing to determine that
the Pittsburgh Area has attained the 1997 annual PM2.5
NAAQS. The proposal is based upon quality-assured and certified ambient
air monitoring data for the 2008-2010 monitoring periods and data
available to date for 2011 that show that the Pittsburgh Area attained
the 1997 annual PM2.5 NAAQS. EPA is also proposing to
determine, in accordance with EPA's PM2.5 Implementation
Rule of April 25, 2007 (72 FR 20664), that the Pittsburgh Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010, based upon quality-assured and
certified ambient air monitoring data for the 2007-2009 monitoring
periods.
II. What is the background of these actions?
On July 18, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the annual PM2.5 NAAQS'' or ``the annual standard''),
based on a 3-year average of annual mean PM2.5
concentrations (62 FR 36852). At that time, EPA also established a 24-
hour standard of 65 [mu]g/m\3\. See 40 CFR 50.7. The 1997
PM2.5 standards were based on significant evidence and
numerous health studies demonstrating that serious health effects
[[Page 34298]]
are associated with exposures to particulate matter.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d)(1) of the CAA. On
January 5, 2005, EPA published its air quality designations and
classifications 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 Pittsburgh Area was
designated nonattainment for the annual PM2.5 NAAQS during
this designations process. The Pittsburgh Area is comprised of the
counties of Beaver, Butler, Washington, and Westmoreland in their
entireties, and portions of Allegheny, Armstrong, Greene, and Lawrence
Counties. See 40 CFR 81.339 (Pennsylvania).
On October 17, 2006, EPA retained the annual PM2.5 NAAQS
at 15.0 [mu]g/m\3\ based on a 3-year average of annual mean
PM2.5 concentrations and promulgated a new 24-hour standard
of 35 [mu]g/m\3\ (the ``2006 24-hour standard'') based on a 3-year
average of the 98th percentile of 24-hour concentrations (71 FR 61144).
On November 13, 2009, EPA designated the Pittsburgh Area as attainment
for the 2006 24-hour standard (74 FR 58688). In that action, EPA also
clarified the designations for the PM2.5 NAAQS promulgated
in 1997 stating that the Pittsburgh Area was attainment for the 1997
24-hour standard. Today's action, however, does not address either the
1997 or the 2006 24-hour standard.
In response to legal challenges of the annual standards promulgated
in 2006, 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. Cir. 2009). However, given
that the 1997 and 2006 annual standards are identical, attainment of
the 1997 annual standard would also indicate attainment of the remanded
2006 annual standard.
On April 25, 2007, EPA promulgated its PM2.5
implementation rule, codified at 40 CFR part 51, subpart Z, in which
EPA provided guidance for state and tribal plans to implement the 1997
PM2.5 NAAQS (72 FR 20664). This rule, at 40 CFR 51.1004(c),
specifies some of the regulatory consequences of attaining the
standard, as discussed later.
III. What is EPA's analysis of the relevant air quality data?
Today's proposed rulemaking action determines that the Pittsburgh
Area has met the annual PM2.5 NAAQS, based on the most
recent three years of quality-assured data, and that the Area attained
the annual PM2.5 NAAQS by its applicable attainment date of
April 5, 2010. Under EPA regulations at 40 CFR 50.7, the annual primary
and secondary PM2.5 standards are met when the annual
arithmetic mean concentration, as determined in accordance with 40 CFR
part 50, appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all
relevant monitoring sites in the subject area.
EPA has determined that the PM2.5 monitoring network for
the Pittsburgh Area is adequate. First, the number of monitors in the
Area meets the minimum regulatory requirements given in 40 CFR part 58,
appendix D. Second, the monitoring is in accordance with the monitoring
plans that have been reviewed and approved by EPA. EPA has reviewed the
quality-assured, quality-controlled, certified ambient air monitoring
data recorded in the EPA's AQS database for PM2.5 for the
Pittsburgh Area from 2007-2009 and 2009-2010, consistent with the
requirements contained in 40 CFR part 50. Preliminary PM2.5
data for 2011, which is not yet quality-assured and quality-controlled,
was also reviewed.
Table 1 shows the design values (i.e., the 3-year average of annual
mean PM2.5 concentrations) for the annual PM2.5
NAAQS for the Pittsburgh Area monitors for the years 2007-2009. Table 2
shows the design values for the annual PM2.5 NAAQS for the
Pittsburgh Area monitors for the years 2008-2010. Table 3 shows the air
quality preliminary data available to date for 2011. EPA's review of
these data indicates that the Pittsburgh Area has met the annual
PM2.5 NAAQS and that the Area attained the annual
PM2.5 standard by its attainment date of April 5, 2010.
Table 1--Pittsburgh Area 2007-2009 Annual PM2.5 Data
[In [mu]g/m\3\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2007-2009
County Site ID Site name 2007 2008 2009 Design
Annual mean Annual mean Annual mean value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegheny....................................... 42-003-0067 South Fayette..................... 13.5 10.8 10.8 11.7
Allegheny....................................... 42-003-0093 North Park........................ 13.0 (*) 9.6 11.3
Allegheny....................................... 42-003-0095 Moon.............................. 13.6 (*) 9.4 11.5
Allegheny....................................... 42-003-1008 Harrison.......................... 15.1 13.4 12.7 13.7
Allegheny....................................... 42-003-1301 North Braddock.................... 16.6 14.1 12.1 14.3
Beaver.......................................... 42-007-0014 Beaver Falls...................... 15.9 13.7 13.0 14.2
Washington...................................... 42-125-0005 Charleroi......................... 15.6 13.0 12.6 13.7
Washington...................................... 42-125-0200 Washington........................ 14.8 12.3 11.1 12.7
Washington...................................... 42-125-5001 Florence.......................... 13.8 11.3 12.2 12.4
Westmoreland.................................... 42-129-0008 Greensburg........................ 15.3 12.7 13.5 13.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Incomplete data.
Table 2--Pittsburgh Area 2008-2010 Annual PM2.5 Data
[in [mu]g/m\3\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 2009 2010 2008-2010
County Site ID Site name Annual Annual Annual Design
mean mean mean value
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegheny....................................... 42-003-0067 South Fayette..................... 10.8 10.8 11.7 11.1
Allegheny....................................... 42-003-0093 North Park........................ (*) 9.6 10.5 10.1
Allegheny....................................... 42-003-0095 Moon.............................. (*) 9.4 11.5 10.5
Allegheny....................................... 42-003-1008 Harrison.......................... 13.4 12.7 13.0 13.0
Allegheny....................................... 42-003-1301 North Braddock.................... 14.1 12.1 13.7 13.3
[[Page 34299]]
Beaver.......................................... 42-007-0014 Beaver Falls...................... 13.7 13.0 13.2 13.1
Washington...................................... 42-125-0005 Charleroi......................... 13.0 12.6 12.5 12.9
Washington...................................... 42-125-0200 Washington........................ 12.3 11.1 12.1 11.8
Washington...................................... 42-125-5001 Florence.......................... 11.3 12.2 8.9 10.8
Westmoreland.................................... 42-129-0008 Greensburg........................ 12.7 13.5 14.0 13.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Incomplete data.
Table 3--Pittsburgh Area 2011 Preliminary Annual PM2.5 Data
[in [micro]g/m\3\]
----------------------------------------------------------------------------------------------------------------
2011
County Site ID Site name Annual
mean
----------------------------------------------------------------------------------------------------------------
Allegheny...................................... 42-003-0067 South Fayette..................... 10.6
Allegheny...................................... 42-003-0093 North Park........................ *9.0
Allegheny...................................... 42-003-0095 Moon.............................. **
Allegheny...................................... 42-003-1008 Harrison.......................... *11.6
Allegheny...................................... 42-003-1301 North Braddock.................... *12.3
Beaver......................................... 42-007-0014 Beaver Falls...................... 11.7
Washington..................................... 42-125-0005 Charleroi......................... *12.0
Washington..................................... 42-125-0200 Washington........................ 10.8
Washington..................................... 42-125-5001 Florence.......................... 5.9
Westmoreland................................... 42-129-0008 Greensburg........................ *13.7
----------------------------------------------------------------------------------------------------------------
* Incomplete data.
** No data available, since the monitor's removal in January 1, 2011.
While most of the monitoring data satisfy the data completeness
requirement, monitoring sites ID 42-003-0093 (North Park) and ID 42-
003-0095 (Moon) have missing data for the year 2008. To determine if
the two monitors are in attainment with the annual PM2.5
NAAQS during the monitoring periods 2007-2009 and 2008-2010, EPA has
addressed the missing data by applying a recently developed statistical
procedure. The diagnostic design values for the North Park and Moon
monitors in the Pittsburgh Area were below the annual PM2.5
NAAQS level of 15.0 ug/m\3\. Thus, the results indicate that had the
North Park and Moon monitors operated more days, the monitors would
have attained the annual PM2.5 NAAQS during the monitoring
periods 2007-2009 and 2008-2010. Additional information about the
monitoring network and air quality data used in this determination can
be found in the Technical Support Document (TSD) for this action which
is available online at www.regulations.gov, Docket number EPA-R03-OAR-
2012-0370.
IV. What are the effects of these actions?
If EPA's proposed determination of attainment based on the most
recent three years of quality-assured data is made final, the
requirements for the Pittsburgh Area to submit an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning SIPs related to attainment of the annual
PM2.5 NAAQS would be suspended for so long as the Pittsburgh
Area continues to attain the annual PM2.5 NAAQS. See 40 CFR
51.1004(c). Notably, as described below, any such determination would
not be equivalent to the redesignation of the Pittsburgh Area to
attainment for the annual PM2.5 NAAQS. If this proposed
determination is finalized and EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the Area
has violated the annual PM2.5 NAAQS, the basis for the
suspension of the specific requirements would no longer exist for the
Pittsburgh Area, and the Area would thereafter have to address the
applicable requirements. See 40 CFR 51.1004(c).
Finalizing this proposed action would not constitute a
redesignation of the Area to attainment of the annual PM2.5
NAAQS under section 107(d)(3) of the CAA. Further, finalizing this
proposed action does not involve approving a maintenance plan for the
Pittsburgh Area as required under section 175A of the CAA, nor would it
find that the Area has met all other requirements for redesignation.
Even if EPA finalizes the proposed action, the designation status of
the Pittsburgh Area would remain nonattainment for the annual
PM2.5 NAAQS until such time as EPA determines that the Area
meets the CAA requirements for redesignation to attainment and takes
action to redesignate the Pittsburgh Area. In addition, if EPA's
separate and independent proposed determination that the Pittsburgh
Area has attained the annual PM2.5 standard by its
applicable attainment date (April 5, 2010) is finalized, EPA will have
met its requirement pursuant to section 179(c)(1) of the CAA to make a
determination based on the Area's air quality data as of the attainment
date whether the Area attained the standard by that date.
These two actions described above are proposed determinations
regarding the Pittsburgh Area's attainment only with respect to the
annual PM2.5 NAAQS. Today's actions do not address the 1997
or the 2006 24-hour PM2.5 standards. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission
[[Page 34300]]
that complies with the provisions of the CAA and applicable Federal
regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the CAA. Accordingly, this action merely proposes
to approve state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 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 proposed rule 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: May 17, 2012.
W.C. Early
Acting Regional Administrator, Region III.
[FR Doc. 2012-14094 Filed 6-8-12; 8:45 am]
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