Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area Determinations of Attainment of the 1997 Annual Fine Particulate Standard, 62147-62150 [2012-24782]
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62147
Rules and Regulations
Federal Register
Vol. 77, No. 198
Friday, October 12, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
title ‘‘American Air Almanac’’ when it
should read ‘‘Air Almanac’’.
Because the change in this technical
amendment results in no substantive
change, we find good cause exists under
5 U.S.C. 553(d)(3) to make the
amendment effective in less than 30
days.
List of Subjects in 14 CFR Part 1
Air transportation.
14 CFR Part 1
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
[Docket No. FAA–2012–1043; Amdt. Nos. 1–
1]
PART 1—DEFINITIONS AND
ABBREVIATIONS
Night Definition; Technical
Amendment
■
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
1. The authority citation for part 1
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Federal Aviation
Administration, DOT.
ACTION: Technical amendment.
AGENCY:
2. In § 1.1, revise the definition of
‘‘Night’’ to read as follows:
■
The FAA is correcting the
title of the publication ‘‘American Air
Almanac’’ to its current title ‘‘Air
Almanac’’. This document corrects this
minor technical error in the codified
regulations.
SUMMARY:
DATES:
Effective October 12, 2012.
For
technical questions concerning this
action, contact Ida M. Klepper, Airmen
and Airspace Rules Division, Office of
Rulemaking, ARM–100, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone: 202–
267–9677; email: Ida.Klepper@faa.gov.
FOR FURTHER INFORMATION CONTACT:
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Background
The former ‘‘American Air Almanac’’
was created to meet the general
requirements for air navigation in the
United Kingdom, the United States, and
Canada. In 14 CFR 1.1 the definition of
night refers to twilight times as
published in the ‘‘American Air
Almanac’’. The ‘‘American Air
Almanac’’ publication ceased in 1953
and is currently called the ‘‘Air
Almanac’’. This technical amendment
corrects the title of the publication.
§ 1.1
General definitions.
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Night means the time between the end
of evening civil twilight and the
beginning of morning civil twilight, as
published in the Air Almanac,
converted to local time.
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*
Issued in Washington, DC, on September
20, 2012.
Lirio Liu,
Acting Director, Office of Rulemaking.
[FR Doc. 2012–25032 Filed 10–11–12; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0370; FRL–9738–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Pittsburgh-Beaver
Valley Nonattainment Area
Determinations of Attainment of the
1997 Annual Fine Particulate Standard
Technical Amendment
This technical amendment makes one
revision to the codified text § 1.1. The
language in § 1.1incorrectly uses the
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
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AGENCY:
EPA is making two
determinations regarding the Pittsburgh-
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Beaver Valley fine particulate matter
(PM2.5) nonattainment area (hereafter
referred to as ‘‘the Pittsburgh Area’’ or
‘‘the Area’’). First, EPA determines that
the Area has attained the 1997 annual
PM2.5 National Ambient Air Quality
Standard (NAAQS). This determination
of attainment is based upon qualityassured, quality-controlled and certified
ambient air monitoring data for the
2008–2010 and 2009–2011 monitoring
periods, showing that the Pittsburgh
Area has monitored attainment of the
1997 annual PM2.5 NAAQS. In
accordance with the EPA’s applicable
PM2.5 implementation rule, this
determination of attainment suspends
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
for so long as the Area continues to
attain the 1997 annual PM2.5 NAAQS.
EPA also determines, based on qualityassured, quality-controlled, and
certified monitoring data for the 2007–
2009 monitoring period, that the Area
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: This final rule is effective on
October 12, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0370. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
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SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. Summary of Actions
III. Final Action
IV. Effective Date
V. Statutory and Executive Order Reviews
I. Background
On July 16, 1997, EPA established an
annual PM2.5 NAAQS at 15.0
micrograms per cubic meter (mg/m3)
(hereafter referred to as ‘‘the 1997
annual PM2.5 NAAQS’’ or ‘‘the annual
PM2.5 standard’’), based on a 3-year
average of annual mean PM2.5
concentrations (62 FR 38652, July 18,
1997). On January 5, 2005, EPA
published its air quality designations
and classifications for the 1997 annual
PM2.5 NAAQS based upon air quality
monitoring data for calendar years
2001–2003 (70 FR 944). These
designations, effective on April 5, 2005,
included the Pittsburgh Area as a
nonattainment area for the 1997 annual
PM2.5 NAAQS. On March 29, 2007, EPA
issued a detailed 1997 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 annual
PM2.5 NAAQS (72 FR 20586, April 25,
2007).
On June 11, 2012 (77 FR 34297), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania,
proposing two determinations of
attainment of the 1997 annual PM2.5
NAAQS for the Pittsburgh Area. First,
EPA proposed to determine that the
Pittsburgh Area has attained the 1997
annual PM2.5 NAAQS, based upon
quality-assured, quality-controlled, and
certified ambient air monitoring data for
the 2008–2010 period and preliminary
data for 2009–2011. The 2011 data have
now been quality-assured and certified,
and show that the area continues to
attain based on certified data for 2009–
2011. See Table 1. In accordance with
40 CFR 51.1004(c), EPA’s final
determination of attainment suspends
the requirements for the Pittsburgh Area
to submit an attainment demonstration
and RACM, a RFP plan, contingency
measures, and other planning SIP
revisions related to the attainment of the
1997 annual PM2.5 NAAQS for so long
as the Area continues to attain the 1997
annual PM2.5 NAAQS. In the NPR, EPA
also proposed to determine that the
Area attained the 1997 annual PM2.5
NAAQS by its applicable attainment
date of April 5, 2010, based on qualityassured, quality-controlled, and
certified monitoring data for the 2007–
2009 monitoring period.
II. Summary of Actions
EPA has previously determined that
the PM2.5 monitoring network for the
Pittsburgh Area is adequate.1 EPA found
that the number of PM2.5 monitors in the
Area meets the minimum regulatory
requirements given in 40 CFR part 58,
appendix D, and that monitoring is in
accordance with Pennsylvania’s most
recent annual monitoring network plan
approved by EPA, as required by 40 CFR
58.10.
In this final rulemaking, EPA is
determining that the Pittsburgh Area has
attained the 1997 annual PM2.5 NAAQS,
based on the most recent three years of
quality-assured, quality-controlled, and
certified data, and is also determining
that the Area attained the 1997 annual
PM2.5 NAAQS by its applicable
attainment date of April 5, 2010. In
accordance with the requirements of 40
CFR part 50, EPA has reviewed the
quality-assured, quality-controlled,
certified PM2.5 data recorded in the
EPA’s Air Quality System (AQS)
database for the Pittsburgh Area during
2007–2009, 2008–2010, and 2009–2011
monitoring periods.
Monitoring data for 2011, which was
recently quality-assured, qualitycontrolled, and certified, show that the
area continues to attain based on
certified data for 2009–2011. Table 1
below shows the PM2.5 annual design
values for the Pittsburgh Area during
the 2009–2011 period. The PM2.5 annual
design value for the Pittsburgh Area
during 2009–2011 is 14.7 mg/m3, based
on the Orchard monitoring site, located
in Allegheny County. The PM2.5
monitoring data for 2007–2009 and
2008–2010 were set forth in EPA’s June
11, 2012 NPR (77 FR 34297).
TABLE 1—PITTSBURGH AREA 2009–2011 ANNUAL PM 2.5 DATA
[In μg/m3]
Annual mean
County
Site ID
2009
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Allegheny ..........
Allegheny ..........
Allegheny ..........
Allegheny ..........
Allegheny ..........
Allegheny ..........
Allegheny ..........
Armstrong .........
Beaver ..............
Washington .......
Washington .......
Washington .......
Westmoreland ...
2009–2011
Design value
Site name
42–003–0002
42–003–0008
42–003–0067
42–003–0093
42–003–0095
42–003–1008
42–003–1301
42–005–0001
42–007–0014
42–125–0005
42–125–0200
42–125–5001
42–129–0008
Orchard ..................
Lawrence ...............
South Fayette ........
North Park .............
Moon ......................
Harrison .................
N. Braddock ...........
Kittaning .................
Beaver Falls ...........
Charleroi ................
Washington ............
Florence .................
Greensburg ............
2010
........................
11.6
10.8
9.6
9.4
12.7
12.1
11.0
13.0
12.6
11.1
12.2
13.5
2011
16.3
12.2
11.7
10.5
11.5
13.0
13.7
13.2
12.5
13.2
12.1
8.9
14.0
13.1
11.1
10.6
9.0
........................
11.6
12.3
12.1
11.7
12.0
10.8
5.9
13.7
14.7
11.6
11.0
9.7
10.5
12.4
12.7
12.1
12.4
12.6
11.3
9.0
13.7
Completeness
status1
Incomplete 2
Complete
Complete
Max. Quarter
Incomplete 2
Max. Quarter
Collocated
Incomplete 2
Complete
Max. Quarter
Complete
Complete
Statistical
1 This column indicates if the design value for the monitor is: valid and complete (‘‘Complete’’) or incomplete (‘‘Incomplete’’). It also indicates
which data substitution method, if any, was used to deem an incomplete design value valid and ‘‘Complete’’: ‘‘Max. Quarter’’ denotes the maximum quarter data substitution test; ‘‘Collocated’’ denotes the collocated data substitution test; ‘‘Statistical’’ denotes that EPA’s statistical procedure has been applied to address the missing data. Note that these techniques are discretionary.
2 These monitors did not collect sufficient data during 2009–2011 due to shut-downs or startups.
1 The Commonwealth of Pennsylvania’s August 4,
2011 annual ambient monitoring network plan was
approved by EPA in a December 6, 2011 letter from
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Shawn M. Garvin, Regional Administrator of EPA
Region III, to Michael L. Krancer, Secretary of the
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Pennsylvania Department of Environmental
Protection.
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Several monitors did not meet the
completeness requirement for one or
more quarters during 2009–2011. EPA
addressed the missing data of each of
the monitors in order to determine if the
monitors were attaining the 1997 annual
PM2.5 NAAQS, by applying one of these
methods: Maximum quarter data
substitution test, collocated data
substitution test, and EPA’s statistical
method. Additional information about
the monitoring network and air quality
data used in this determination can be
found in the Technical Support
Document for this final rulemaking
notice (FRN) which is available online
at www.regulations.gov, Docket number
EPA–R03–OAR–2012–0370.
The quality-assured, qualitycontrolled, certified data for 2008–2010
and 2009–2011 show that the Pittsburgh
Area has monitored attainment of the
1997 annual PM2.5 NAAQS.
Additionally, preliminary PM2.5 data
available for 2012 is consistent with
continued attainment of the 1997
annual PM2.5 NAAQS in the Pittsburgh
Area. EPA’s evaluation of the qualityassured, quality-controlled, certified
monitoring data from 2007–2009 show
that the Pittsburgh Area attained the
1997 annual PM2.5 NAAQS by its
applicable attainment date.
No public comments were submitted
in response to the NPR. Additional
information about the monitoring
network and air quality data used in this
determination is available in the
Technical Support Documents for the
NPR and the FRN. Relevant support
documents for this action are available
online at www.regulations.gov, Docket
number EPA–R03–OAR–2012–0370.
III. Final Action
EPA is making two final
determinations. First, EPA determines
that the Area has attained the 1997
annual PM2.5 NAAQS, based upon
quality-assured and certified ambient air
monitoring data for the 2008–2010 and
2009–2011 periods. Pursuant to 40 CFR
51.1004(c), this determination of
attainment will suspend the
requirements for the Area to submit an
attainment demonstration and
associated RACM, RFP plan,
contingency measures, and other
planning SIP revisions related to the
attainment of the standard, for so long
as the Area continues to attain the 1997
annual PM2.5 NAAQS. Second, EPA
determines that the Area attained the
1997 annual PM2.5 NAAQS by its
applicable attainment date of April 5,
2010, based on quality-assured, qualitycontrolled and certified monitoring data
for the 2007–2009 monitoring period.
This determination of attainment fulfills
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EPA’s obligation pursuant to section
179(c)(1) of the CAA.
Finalizing these determinations or
either of them does not constitute a
redesignation of the Pittsburgh Area to
attainment for the 1997 annual PM2.5
NAAQS under CAA section 107(d)(3).
Neither determination of attainment
involves approving a maintenance plan
for the Pittsburgh Area, nor determines
that the Area has met all the
requirements for redesignation under
the CAA, including that attainment be
due to permanent and enforceable
emission reductions.2 Therefore, the
designation status of the Pittsburgh Area
will remain nonattainment for the 1997
annual PM2.5 NAAQS until such time as
EPA takes final rulemaking action to
determine that such portions meet the
CAA requirements for redesignation to
attainment.
IV. Effective Date
EPA finds that there is good cause for
this approval to become effective on the
date of publication because this action
suspends the requirements for the
Pittsburgh Area to submit an attainment
demonstration and associated RACM,
RFP plans, contingency measures and
other SIPs related to attainment of the
1997 annual PM2.5 NAAQS required by
CAA Section 172(c). See 40 CFR
51.1004(c). The expedited effective date
for this action is authorized under both
5 U.S.C. 553(d)(1), which provides that
rule actions may become effective less
than 30 days after publication if the rule
‘‘grants or recognizes an exemption or
relieves a restriction’’ and section 5
U.S.C. 553(d)(3), which allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ The relief
from these SIP planning obligations in
CAA Section 172(c) is sufficient reason
to allow an expedited effective date of
this rule under 5 U.S.C. 553(d)(1) and
(3).
V. Statutory and Executive Order
Reviews
A. General Requirements
This action, which makes
determinations of attainment based on
air quality, will result in the suspension
2 The monitoring data for the 2008–2010 and
2009–2011 monitoring periods that are relied on in
this notice may be impacted by reductions
associated with the Clean Air Interstate Rule
(CAIR), which was remanded to EPA in 2008. North
Carolina v. EPA, 531 F.3d 896, as modified on
reh’g, 550 F.3d 1176 (DC Cir. 2008). Nonetheless,
because these determinations address only whether
the monitoring data show attainment, at this time
EPA need not address whether such attainment was
due to the remanded CAIR.
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62149
of certain Federal requirements and/or
will not impose any 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);
• 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 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.
B. Submission to Congress and the
Comptroller General
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
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report containing this action 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).
whether the area attained the standard.
EPA also determined that the
Pittsburgh-Beaver Valley PM2.5
nonattainment area is not subject to the
consequences of failing to attain
pursuant to section 179(d).
■ 3. Section 52.2059 is amended by
adding paragraph (g) to read as follows:
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 11, 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 action, in
which EPA determines that the
Pittsburgh Area has attained the 1997
annual PM2.5 NAAQS and attained the
1997 annual PM2.5 NAAQS by its
attainment date, 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, Particulate matter, Reporting
and recordkeeping requirements.
Shawn M. Garvin,
Regional Administrator, Region III.
§ 52.2059
matter.
Control strategy: Particulate
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(g) Determination of Attainment. EPA
has determined, as of October 12, 2012,
that based on 2008 to 2010 and 2009 to
2011 ambient air quality data, the
Pittsburgh-Beaver Valley fine particle
(PM2.5) nonattainment area has attained
the 1997 annual PM2.5 national ambient
air quality standards (NAAQS). This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for the Pittsburgh-Beaver
Valley PM2.5 nonattainment 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. 2012–24782 Filed 10–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
40 CFR part 52 is amended as follows:
[EPA–R04–OAR–2011–0227; FRL–9734–7]
Approval and Promulgation of
Implementation Plans; Kentucky;
Approval of Revisions to the Jefferson
County Portion of the Kentucky SIP;
New Source Review; Prevention of
Significant Deterioration
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
Environmental Protection
Agency (EPA).
ACTION: Final rule.
2. Section 52.2056 is amended by
adding paragraph (h) to read as follows:
SUMMARY:
AGENCY:
■
§ 52.2056
Determinations of Attainment.
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(h) Based upon EPA’s review of the
air quality data for the 3-year period
2007 to 2009, EPA determined that the
Pittsburgh-Beaver Valley 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,
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EPA is taking final action to
approve multiple changes to the
Jefferson County portion of the
Kentucky State Implementation Plan
(SIP), submitted by the Commonwealth
of Kentucky, through the Kentucky
Division for Air Quality (KDAQ), to EPA
in two submittals dated June 1, 2009,
and February 8, 2011. These revisions
were submitted by KDAQ on behalf of
the Louisville Metro Air Pollution
Control District (LMAPCD) (also
referred to as Jefferson County) and
modify the LMAPCD New Source
Review (NSR) Prevention of Significant
Deterioration (PSD) permitting
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regulations. EPA is approving Jefferson
County’s June 1, 2009, and February 8,
2011, SIP revisions because the Agency
has determined that these SIP revisions
are consistent with the Clean Air Act
(CAA or Act) and EPA regulations
regarding the PSD permitting program.
DATES: This rule is effective November
13, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2011–0227. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Jefferson
County portion of the Kentucky SIP,
contact Ms. Twunjala Bradley,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Bradley’s telephone number is (404)
562–9352; email address:
bradley.twunjala@epa.gov. For
information regarding the GHG
Tailoring Rule, 2002 NSR Reform and
NSR PM2.5 Rule, contact Yolanda
Adams, Air Permits Section, at the same
address above. Ms. Adams’ telephone
number is (404) 562–9214; email
address: adams.yolanda@epa.gov. For
information regarding the Phase II Rule
and ozone NAAQS, contact Jane Spann,
Regulatory Development Section, at the
same address above. Ms. Spann’s
telephone number is (404) 562–9029;
email address: spann.jane@epa.gov. For
information regarding the PM2.5
NAAQS, contact Mr. Joel Huey,
Regulatory Development Section, at the
E:\FR\FM\12OCR1.SGM
12OCR1
]]>Agencies
[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Rules and Regulations]
[Pages 62147-62150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24782]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0370; FRL-9738-3]
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: Final rule.
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SUMMARY: EPA is making 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 determines that the Area has attained the 1997
annual PM2.5 National Ambient Air Quality Standard (NAAQS).
This determination of attainment is based upon quality-assured,
quality-controlled and certified ambient air monitoring data for the
2008-2010 and 2009-2011 monitoring periods, showing that the Pittsburgh
Area has monitored attainment of the 1997 annual PM2.5
NAAQS. In accordance with the EPA's applicable PM2.5
implementation rule, this determination of attainment suspends 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 for so long as the Area continues to attain the 1997
annual PM2.5 NAAQS. EPA also determines, based on quality-
assured, quality-controlled, and certified monitoring data for the
2007-2009 monitoring period, that the Area 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: This final rule is effective on October 12, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0370. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
[[Page 62148]]
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Summary of Actions
III. Final Action
IV. Effective Date
V. Statutory and Executive Order Reviews
I. Background
On July 16, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the 1997 annual PM2.5 NAAQS'' or ``the annual
PM2.5 standard''), based on a 3-year average of annual mean
PM2.5 concentrations (62 FR 38652, July 18, 1997). On
January 5, 2005, EPA published its air quality designations and
classifications for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003 (70 FR 944).
These designations, effective on April 5, 2005, included the Pittsburgh
Area as a nonattainment area for the 1997 annual PM2.5
NAAQS. On March 29, 2007, EPA issued a detailed 1997 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
annual PM2.5 NAAQS (72 FR 20586, April 25, 2007).
On June 11, 2012 (77 FR 34297), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania, proposing two
determinations of attainment of the 1997 annual PM2.5 NAAQS
for the Pittsburgh Area. First, EPA proposed to determine that the
Pittsburgh Area has attained the 1997 annual PM2.5 NAAQS,
based upon quality-assured, quality-controlled, and certified ambient
air monitoring data for the 2008-2010 period and preliminary data for
2009-2011. The 2011 data have now been quality-assured and certified,
and show that the area continues to attain based on certified data for
2009-2011. See Table 1. In accordance with 40 CFR 51.1004(c), EPA's
final determination of attainment suspends the requirements for the
Pittsburgh Area to submit an attainment demonstration and RACM, a RFP
plan, contingency measures, and other planning SIP revisions related to
the attainment of the 1997 annual PM2.5 NAAQS for so long as
the Area continues to attain the 1997 annual PM2.5 NAAQS. In
the NPR, EPA also proposed to determine that the Area attained the 1997
annual PM2.5 NAAQS by its applicable attainment date of
April 5, 2010, based on quality-assured, quality-controlled, and
certified monitoring data for the 2007-2009 monitoring period.
II. Summary of Actions
EPA has previously determined that the PM2.5 monitoring
network for the Pittsburgh Area is adequate.\1\ EPA found that the
number of PM2.5 monitors in the Area meets the minimum
regulatory requirements given in 40 CFR part 58, appendix D, and that
monitoring is in accordance with Pennsylvania's most recent annual
monitoring network plan approved by EPA, as required by 40 CFR 58.10.
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\1\ The Commonwealth of Pennsylvania's August 4, 2011 annual
ambient monitoring network plan was approved by EPA in a December 6,
2011 letter from Shawn M. Garvin, Regional Administrator of EPA
Region III, to Michael L. Krancer, Secretary of the Pennsylvania
Department of Environmental Protection.
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In this final rulemaking, EPA is determining that the Pittsburgh
Area has attained the 1997 annual PM2.5 NAAQS, based on the
most recent three years of quality-assured, quality-controlled, and
certified data, and is also determining that the Area attained the 1997
annual PM2.5 NAAQS by its applicable attainment date of
April 5, 2010. In accordance with the requirements of 40 CFR part 50,
EPA has reviewed the quality-assured, quality-controlled, certified
PM2.5 data recorded in the EPA's Air Quality System (AQS)
database for the Pittsburgh Area during 2007-2009, 2008-2010, and 2009-
2011 monitoring periods.
Monitoring data for 2011, which was recently quality-assured,
quality-controlled, and certified, show that the area continues to
attain based on certified data for 2009-2011. Table 1 below shows the
PM2.5 annual design values for the Pittsburgh Area during
the 2009-2011 period. The PM2.5 annual design value for the
Pittsburgh Area during 2009-2011 is 14.7 [mu]g/m\3\, based on the
Orchard monitoring site, located in Allegheny County. The
PM2.5 monitoring data for 2007-2009 and 2008-2010 were set
forth in EPA's June 11, 2012 NPR (77 FR 34297).
Table 1--Pittsburgh Area 2009-2011 Annual PM 2.5 Data
[In [mu]g/m\3\]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual mean
County Site ID Site name ------------------------------------------------ 2009-2011 Completeness
2009 2010 2011 Design value status\1\
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Allegheny....................... 42-003-0002 Orchard........... .............. 16.3 13.1 14.7 Incomplete \2\
Allegheny....................... 42-003-0008 Lawrence.......... 11.6 12.2 11.1 11.6 Complete
Allegheny....................... 42-003-0067 South Fayette..... 10.8 11.7 10.6 11.0 Complete
Allegheny....................... 42-003-0093 North Park........ 9.6 10.5 9.0 9.7 Max. Quarter
Allegheny....................... 42-003-0095 Moon.............. 9.4 11.5 .............. 10.5 Incomplete \2\
Allegheny....................... 42-003-1008 Harrison.......... 12.7 13.0 11.6 12.4 Max. Quarter
Allegheny....................... 42-003-1301 N. Braddock....... 12.1 13.7 12.3 12.7 Collocated
Armstrong....................... 42-005-0001 Kittaning......... 11.0 13.2 12.1 12.1 Incomplete \2\
Beaver.......................... 42-007-0014 Beaver Falls...... 13.0 12.5 11.7 12.4 Complete
Washington...................... 42-125-0005 Charleroi......... 12.6 13.2 12.0 12.6 Max. Quarter
Washington...................... 42-125-0200 Washington........ 11.1 12.1 10.8 11.3 Complete
Washington...................... 42-125-5001 Florence.......... 12.2 8.9 5.9 9.0 Complete
Westmoreland.................... 42-129-0008 Greensburg........ 13.5 14.0 13.7 13.7 Statistical
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\1\ This column indicates if the design value for the monitor is: valid and complete (``Complete'') or incomplete (``Incomplete''). It also indicates
which data substitution method, if any, was used to deem an incomplete design value valid and ``Complete'': ``Max. Quarter'' denotes the maximum
quarter data substitution test; ``Collocated'' denotes the collocated data substitution test; ``Statistical'' denotes that EPA's statistical procedure
has been applied to address the missing data. Note that these techniques are discretionary.
\2\ These monitors did not collect sufficient data during 2009-2011 due to shut-downs or startups.
[[Page 62149]]
Several monitors did not meet the completeness requirement for one
or more quarters during 2009-2011. EPA addressed the missing data of
each of the monitors in order to determine if the monitors were
attaining the 1997 annual PM2.5 NAAQS, by applying one of
these methods: Maximum quarter data substitution test, collocated data
substitution test, and EPA's statistical method. Additional information
about the monitoring network and air quality data used in this
determination can be found in the Technical Support Document for this
final rulemaking notice (FRN) which is available online at
www.regulations.gov, Docket number EPA-R03-OAR-2012-0370.
The quality-assured, quality-controlled, certified data for 2008-
2010 and 2009-2011 show that the Pittsburgh Area has monitored
attainment of the 1997 annual PM2.5 NAAQS. Additionally,
preliminary PM2.5 data available for 2012 is consistent with
continued attainment of the 1997 annual PM2.5 NAAQS in the
Pittsburgh Area. EPA's evaluation of the quality-assured, quality-
controlled, certified monitoring data from 2007-2009 show that the
Pittsburgh Area attained the 1997 annual PM2.5 NAAQS by its
applicable attainment date.
No public comments were submitted in response to the NPR.
Additional information about the monitoring network and air quality
data used in this determination is available in the Technical Support
Documents for the NPR and the FRN. Relevant support documents for this
action are available online at www.regulations.gov, Docket number EPA-
R03-OAR-2012-0370.
III. Final Action
EPA is making two final determinations. First, EPA determines that
the Area has attained the 1997 annual PM2.5 NAAQS, based
upon quality-assured and certified ambient air monitoring data for the
2008-2010 and 2009-2011 periods. Pursuant to 40 CFR 51.1004(c), this
determination of attainment will suspend the requirements for the Area
to submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and other planning SIP revisions related to the
attainment of the standard, for so long as the Area continues to attain
the 1997 annual PM2.5 NAAQS. Second, EPA determines that the
Area attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010, based on quality-assured, quality-
controlled and certified monitoring data for the 2007-2009 monitoring
period. This determination of attainment fulfills EPA's obligation
pursuant to section 179(c)(1) of the CAA.
Finalizing these determinations or either of them does not
constitute a redesignation of the Pittsburgh Area to attainment for the
1997 annual PM2.5 NAAQS under CAA section 107(d)(3). Neither
determination of attainment involves approving a maintenance plan for
the Pittsburgh Area, nor determines that the Area has met all the
requirements for redesignation under the CAA, including that attainment
be due to permanent and enforceable emission reductions.\2\ Therefore,
the designation status of the Pittsburgh Area will remain nonattainment
for the 1997 annual PM2.5 NAAQS until such time as EPA takes
final rulemaking action to determine that such portions meet the CAA
requirements for redesignation to attainment.
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\2\ The monitoring data for the 2008-2010 and 2009-2011
monitoring periods that are relied on in this notice may be impacted
by reductions associated with the Clean Air Interstate Rule (CAIR),
which was remanded to EPA in 2008. North Carolina v. EPA, 531 F.3d
896, as modified on reh'g, 550 F.3d 1176 (DC Cir. 2008).
Nonetheless, because these determinations address only whether the
monitoring data show attainment, at this time EPA need not address
whether such attainment was due to the remanded CAIR.
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IV. Effective Date
EPA finds that there is good cause for this approval to become
effective on the date of publication because this action suspends the
requirements for the Pittsburgh Area to submit an attainment
demonstration and associated RACM, RFP plans, contingency measures and
other SIPs related to attainment of the 1997 annual PM2.5
NAAQS required by CAA Section 172(c). See 40 CFR 51.1004(c). The
expedited effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rule actions may become effective
less than 30 days after publication if the rule ``grants or recognizes
an exemption or relieves a restriction'' and section 5 U.S.C.
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The relief from these SIP planning
obligations in CAA Section 172(c) is sufficient reason to allow an
expedited effective date of this rule under 5 U.S.C. 553(d)(1) and (3).
V. Statutory and Executive Order Reviews
A. General Requirements
This action, which makes determinations of attainment based on air
quality, will result in the suspension of certain Federal requirements
and/or will not impose any 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);
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 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.
B. Submission to Congress and the Comptroller General
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
[[Page 62150]]
report containing this action 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 11, 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 action, in which EPA determines that the Pittsburgh Area
has attained the 1997 annual PM2.5 NAAQS and attained the
1997 annual PM2.5 NAAQS by its attainment date, 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, Particulate matter, Reporting and recordkeeping
requirements.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. Section 52.2056 is amended by adding paragraph (h) to read as
follows:
Sec. 52.2056 Determinations of Attainment.
* * * * *
(h) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Pittsburgh-Beaver Valley
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 Pittsburgh-Beaver
Valley PM2.5 nonattainment area is not subject to the
consequences of failing to attain pursuant to section 179(d).
0
3. Section 52.2059 is amended by adding paragraph (g) to read as
follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(g) Determination of Attainment. EPA has determined, as of October
12, 2012, that based on 2008 to 2010 and 2009 to 2011 ambient air
quality data, the Pittsburgh-Beaver Valley fine particle
(PM2.5) nonattainment area has attained the 1997 annual
PM2.5 national ambient air quality standards (NAAQS). This
determination, in accordance with 40 CFR 52.1004(c), suspends the
requirements for the Pittsburgh-Beaver Valley PM2.5
nonattainment 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. 2012-24782 Filed 10-11-12; 8:45 am]
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