Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone Standard for the Pittsburgh-Beaver Valley Moderate Nonattainment Area, 73387-73391 [2012-29790]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules
EPA proposes to approve the
fine particulate matter (PM2.5) 2002 base
year emissions inventory portion of the
State of Maryland State Implementation
Plan (SIP) revision submitted by the
State of Maryland, through the
Maryland Department of the
Environment (MDE), on June 6, 2008 for
Baltimore, Maryland. In the Final Rules
section of this Federal Register, EPA is
approving the State’s SIP submittal as a
direct final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
more detailed description of the State
submittal and EPA’s evaluation is
included in a Technical Support
Document (TSD) prepared in support of
this rulemaking action. A copy of the
TSD is available, upon request, from the
EPA Regional Office listed in the
ADDRESSES section of this document. If
no adverse comments are received in
response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by January 9, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0143 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–2010–0143,
Donna Mastro, 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–2010–
0143. 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
mstockstill on DSK4VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
16:22 Dec 07, 2012
Jkt 229001
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 Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION: For
further information, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication.
Dated: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–29608 Filed 12–7–12; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
73387
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0409; FRL–9759–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Determinations of
Attainment of the 1997 8-Hour Ozone
Standard for the Pittsburgh-Beaver
Valley Moderate Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to make two
separate and independent
determinations regarding the PittsburghBeaver Valley 1997 8-hour ozone
nonattainment area (the Pittsburgh
Area). First, EPA is proposing to
determine that the Pittsburgh Area
attained the 1997 8-hour ozone national
ambient air quality standard (NAAQS)
by the applicable attainment date of
June 15, 2010. This proposal is based
upon complete, quality assured, and
certified ambient air monitoring data for
the 2007–2009 monitoring period
showing monitored attainment of the
1997 8-hour ozone NAAQS. Second,
EPA is proposing to determine that the
Pittsburgh Area is attaining the 1997
8-hour ozone NAAQS, based on
complete, quality assured, and certified
ambient air monitoring data for the
2009–2011 monitoring period, and
available preliminary data for 2012. If
finalized, this determination would
suspend the requirement for the
Pittsburgh Area to submit an attainment
demonstration, reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, and
contingency measures related to
attainment of the 1997 8-hour ozone
NAAQS for so long as the area
continues to attain that NAAQS. These
determinations do not constitute a
redesignation to attainment. The
Pittsburgh Area will remain designated
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
determines that the Pittsburgh Area
meets the Clean Air Act (CAA)
requirements for redesignation to
attainment, including an approved
maintenance plan. These actions are
being taken under the CAA.
DATES: Written comments must be
received on or before January 9, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID EPA–R03–OAR–
2012–0409 by one of the following
methods:
SUMMARY:
E:\FR\FM\10DEP1.SGM
10DEP1
mstockstill on DSK4VPTVN1PROD with
73388
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2012–0409,
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–
0409. 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
VerDate Mar<15>2010
16:22 Dec 07, 2012
Jkt 229001
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:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: The
following outline is provided to aid in
locating information in this action.
I. Background
II. Summary of Proposed Actions
III. EPA’s Analysis of the Relevant Air
Quality Data
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. The Pittsburgh Area
In 1997, EPA revised the health-based
NAAQS for ozone, setting it at 0.08
parts per million (ppm) averaged over
an 8-hour time frame. On April 30, 2004
(69 FR 23951), EPA finalized its
attainment/nonattainment designations
for areas across the country with respect
to the 8-hour ozone standard. These
actions became effective on June 15,
2004. Among those nonattainment areas
is the Pittsburgh Area, which includes
Allegheny, Armstrong, Beaver, Butler,
Fayette, Washington, and Westmoreland
Counties in Pennsylvania. See 40 CFR
81.339.
B. Classification Under Subpart 2
Under the implementation rule for the
1997 8-hour ozone NAAQS, EPA
designated certain areas under title I,
part D, subpart 1 of the CAA (subpart 1)
if they had a 1-hour design value below
0.121 ppm. In June 2004, EPA
designated the Pittsburgh Area
nonattainment under subpart 1 for the
1997 8-hour ozone NAAQS. In June
2007, the United States Court of
Appeals for the District of Columbia
Circuit (DC Circuit Court) vacated the
portion of the 1997 ozone
implementation rule that allowed areas
to be designated under subpart 1. On
April 27, 2012, EPA finalized revisions
to the 2004 rule that specified the first
phase of requirements to meet the 1997
8-hour NAAQS (Phase 1
Implementation Rule). The revisions to
the Phase 1 Implementation Rule are
EPA’s response to a December 22, 2006
decision by the DC Circuit Court in
South Coast Air Quality Management
Dist. v. EPA, 472 F.3d 882 (DC Cir.
2006) and were effective on June 13,
2012 (77 FR 28424). As a result of this
action, the CAA classifications for 16
nonattainment areas, including the
Pittsburgh Area, were revised for the
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
1997 8-hour ozone NAAQS. The areas
were originally classified under the
more general subpart 1 provisions of the
CAA. Through this rulemaking, the
areas were classified as marginal or
moderate under the ozone-specific
subpart 2 provisions of the CAA,
depending on their design values at the
time of the original designations in
April 2004. The Pittsburgh Area was
classified as moderate. Moderate areas
are required to attain the 1997 8-hour
ozone NAAQS by June 15, 2010.
C. Previous Determination of
Attainment
Under the provisions of EPA’s ozone
implementation rule (see 40 CFR section
51.918), if EPA issues a determination
that an area is attaining the relevant
standard (through a rulemaking that
includes public notice and comment), it
will suspend the area’s obligations to
submit an attainment demonstration,
RACM, RFP, contingency measures, and
other planning requirements related to
attainment for as long as the area
continues to attain. The determination
of attainment, also known as a ‘‘clean
data’’ determination, is not equivalent to
a redesignation. The state must still
meet the statutory requirements for
redesignation in order to be
redesignated to attainment.
On May 31, 2011, EPA published a
final determination that the Pittsburgh
Area had attained the 1997 8-hour
ozone NAAQS. (76 FR 31237). That
determination was based upon
complete, quality assured, and certified
ambient air monitoring data that show
the Pittsburgh Area has monitored
attainment of the 1997 8-hour ozone
NAAQS for the 2007 to 2009 monitoring
period. In accordance with EPA’s
applicable ozone implementation rule,
that determination suspended the
obligation of the Commonwealth of
Pennsylvania to submit an attainment
demonstration and associated RACM
analysis, RFP plan, contingency
measures, and other planning
requirements related to attainment of
the 1997 8-hour ozone NAAQS for the
Pittsburgh Area required under subpart
1 of the CAA for as long as the
Pittsburgh Area continues to meet the
1997 8-hour ozone NAAQS. That
determination of attainment was not
equivalent to a redesignation to
attainment. The Commonwealth must
still meet the statutory requirements for
redesignation in order to be
redesignated to attainment.
In its May 31, 2011 final rulemaking
action, EPA explained that when the
Pittsburgh Area was reclassified under
subpart 2, EPA would address in a
separate rulemaking the consequences
E:\FR\FM\10DEP1.SGM
10DEP1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules
of a determination of attainment for any
requirements to which the Pittsburgh
Area became subject as a result of its
reclassification. If EPA subsequently
determined in that rulemaking action
that the Pittsburgh Area continued to be
in attainment, then the obligation to
submit the applicable attainment-related
requirements for its new classification
would be suspended in accordance with
40 CFR 51.918. (76 FR 76929). As
previously discussed, the Pittsburgh
Area was reclassified under subpart 2,
effective June 13, 2012. Therefore,
today’s proposed rulemaking addresses
the Pittsburgh Area’s obligations under
its new moderate classification.
D. Requirement To Determine
Attainment by the Attainment Date
Under CAA section 181(b)(2), EPA is
required to determine whether a
nonattainment area attained the 1997
8-hour ozone NAAQS by its applicable
attainment date, and to publish that
determination in the Federal Register. If
EPA determines that an area failed to
attain the ozone NAAQS by its
attainment date, the area is reclassified
to a higher classification.
E. Ambient Air Quality Monitoring Data
Complete, quality assured, certified 8hour ozone air quality monitoring data
for the 2007–2009, 2008–2010, and
2009–2011 monitoring periods for the
Pittsburgh Area, as recorded in the EPA
Air Quality System (AQS) database
show that the Pittsburgh Area has
attained the 1997 8-hour ozone NAAQS.
Preliminary data available to date for
2012 is consistent with continued
attainment.
II. Summary of Proposed Actions
These actions do not constitute a
redesignation to attainment under
section 107(d)(3) of the CAA. The
designation status of the Pittsburgh Area
will remain nonattainment for the 1997
8-hour ozone NAAQS until such time as
EPA determines that the area meets the
CAA requirements for redesignation to
attainment, including an approved
maintenance plan.
A. Determination of Attainment by the
Attainment Date
EPA is proposing to make a
determination that the Pittsburgh Area
attained the 1997 8-hour ozone NAAQS
by its applicable attainment date of June
15, 2010. This determination is based
upon complete, quality assured and
certified ambient air monitoring data for
the 2007–2009 monitoring period,
which is the last full three-year period
prior to the June 15, 2010 attainment
date. The 2007–2009 data show that the
Pittsburgh Area monitored attainment of
the 1997 8-hour ozone NAAQS. The
effect of a final determination of
attainment by the Pittsburgh Area’s
attainment date would be to discharge
EPA’s obligation under CAA section
181(b)(2) to determine, based on the
Pittsburgh Area’s air quality as of the
attainment date, whether the area
attained the standard by that date and
to establish that the Pittsburgh Area will
not be reclassified.
B. ‘‘Clean Data’’ Determination of
Attainment
EPA is also proposing to make a
determination that the Pittsburgh Area
has attained the 1997 8-hour ozone
NAAQS. This determination is based
upon complete, quality assured and
certified ambient air monitoring data
that show the Pittsburgh Area has
monitored attainment of the 1997 8hour ozone NAAQS for the 2009–2011
monitoring period. Preliminary data
available for 2012 are consistent with
continued attainment. Under the
provisions of EPA’s implementation
rule for the 1997 8-hour NAAQS (see 40
CFR 51.918), a final determination of
attainment would suspend the CAA
requirements for the Pittsburgh Area to
submit an attainment demonstration
and the associated RFP plan,
contingency measures, RACM analysis,
and any other planning requirements
related to attainment of the 1997 8-hour
ozone NAAQS required for moderate
areas under subpart 2 of the CAA. This
suspension would remain in effect until
such time, if any, that EPA (i)
redesignates the area to attainment at
which time those requirements no
longer apply, or (ii) subsequently
determines, after notice-and-comment
rulemaking, that the Pittsburgh Area has
violated the 1997 8-hour ozone NAAQS.
This final determination would be
separate from, and would not influence
or otherwise affect, any future
designation or requirements for the
Pittsburgh Area based on any new or
73389
revised ozone NAAQS. It remains in
effect regardless of whether EPA
designates the Pittsburgh Area as a
nonattainment area for purposes of any
new or revised ozone NAAQS.
III. EPA’s Analysis of the Relevant Air
Quality Data
Consistent with the requirements
contained in 40 CFR part 50, EPA has
reviewed the 8-hour ozone ambient air
quality monitoring data for the 2007–
2009, 2008–2010, and 2009–2011
monitoring periods for the Pittsburgh
Area, as recorded in the AQS database.
On the basis of that review, EPA has
concluded that the Pittsburgh Area
attained the 1997 8-hour ozone NAAQS
by its attainment date, based on data for
the 2007–2009 monitoring period. EPA
has also concluded that the Pittsburgh
Area continues to attain, based on data
for the 2008–2010 and 2009–2011
monitoring periods. Preliminary 2012
data is consistent with continued
attainment.
Under EPA regulations at 40 CFR part
50, the 1997 8-hour ozone standard is
attained at a site when the 3-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations at an ozone monitor is
less than or equal to 0.08 ppm (i.e.,
0.084 ppm, based on the rounding
convention in 40 CFR part 50, appendix
I). This 3-year average is referred to as
the design value. When the design value
is less than or equal to 0.084 ppm at
each monitoring site within the area,
then the area is meeting the NAAQS.
Also, the data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90%,
and no single year has less than 75%
data completeness as determined in
accordance with appendix I of 40 CFR
part 50.
Tables 1, 2, and 3 below show the
ozone design values for each monitor in
the Pittsburgh Area for the years 2007–
2009, 2008–2010, and 2009–2011,
respectively. All design values are
below 0.084 ppm, and all monitors meet
the data completeness requirements.
Therefore, EPA finds that the Pittsburgh
Area attained the 1997 8-hour ozone
NAAQS, considering 2007–2009, 2008–
2010, and 2009–2011 data.
mstockstill on DSK4VPTVN1PROD with
TABLE 1—2007–2009 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES
County
Monitor ID
Allegheny .............................................................................................................
VerDate Mar<15>2010
16:22 Dec 07, 2012
Jkt 229001
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
2007–2009
Average %
data completeness
420030008
420030010
E:\FR\FM\10DEP1.SGM
99
99
10DEP1
2007–2009
Design value
(ppm)
0.077
0.074
73390
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules
TABLE 1—2007–2009 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES—Continued
County
2007–2009
Average %
data completeness
Monitor ID
Armstrong ............................................................................................................
Beaver ..................................................................................................................
Washington ..........................................................................................................
Westmoreland ......................................................................................................
420030067
420031005
420050001
420070002
420070005
420070014
421250005
421250200
421255001
421290006
421290008
98
97
100
97
97
100
99
100
95
100
99
2007–2009
Design value
(ppm)
0.073
0.082
0.077
0.073
0.071
0.073
0.072
0.068
0.072
0.071
0.072
TABLE 2—2008–2010 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES
County
2008–2010
Average %
data completeness
Monitor ID
Allegheny .............................................................................................................
Armstrong ............................................................................................................
Beaver ..................................................................................................................
Washington ..........................................................................................................
Westmoreland ......................................................................................................
420030008
420030010
420030067
420031005
420050001
420070002
420070005
420070014
421250005
421250200
421255001
421290006
421290008
98
96
99
99
100
97
96
95
99
99
94
99
98
2008–2010
Design value
(ppm)
0.076
0.071
0.074
0.081
0.076
0.071
0.073
0.071
0.070
0.068
0.071
0.068
0.072
TABLE 3—2009–2011 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES
County
Allegheny .............................................................................................................
Armstrong ............................................................................................................
Beaver ..................................................................................................................
Washington ..........................................................................................................
mstockstill on DSK4VPTVN1PROD with
Westmoreland ......................................................................................................
In the Technical Support Document
(TSD) prepared for this action, EPA has
evaluated the air quality data for the
Pittsburgh Area. EPA’s review of the
data indicates that the Pittsburgh Area
has met the 1997 8-hour ozone NAAQS.
For details, please refer to EPA’s TSD,
which can be viewed at https://
www.regulations.gov, Docket ID No.
EPA–R03–OAR–2012–0409.
VerDate Mar<15>2010
16:22 Dec 07, 2012
Jkt 229001
2009–2011
Average %
data completeness
Monitor ID
420030008
420030010
420030067
420031005
420050001
420070002
420070005
420070014
421250005
421250200
421255001
421290006
421290008
IV. Proposed Actions
EPA is proposing to make two
determinations regarding the Pittsburgh
Area. First, pursuant to section
181(b)(2)(A) of the CAA, EPA is
proposing to determine that the
Pittsburgh Area attained the 1997 8hour ozone NAAQS by its applicable
attainment date, June 15, 2010. This
proposed determination is based upon
complete, quality assured, and certified
ambient air monitoring data for the
2007–2009 monitoring period. The
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
98
95
99
99
100
97
98
94
99
99
96
99
98
2009–2011
Design value
(ppm)
0.074
0.071
0.075
0.080
0.073
0.069
0.072
0.071
0.069
0.068
0.069
0.068
0.069
effect of a final determination would be
that: (i) EPA has met the requirement
pursuant to CAA section 181(b)(2)(A) to
determine, based on the area’s air
quality as of the attainment date,
whether the area attained the standard;
and (ii) the Pittsburgh Area would not
be reclassified for failure to attain by its
applicable attainment date. Second,
EPA is proposing to make a
determination that the Pittsburgh Area
has attained the 1997 8-hour ozone
NAAQS. This proposed ‘‘clean data’’
E:\FR\FM\10DEP1.SGM
10DEP1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules
determination is based upon complete,
quality assured, and certified ambient
air monitoring data that show the area
has monitored attainment of the 1997 8hour ozone NAAQS for the 2009–2011
monitoring period. Available
preliminary 2012 data is consistent with
continued attainment. Pursuant to 40
CFR 51.918, if this clean data
determination is finalized, it would
suspend the requirements for the
Pittsburgh Area to submit an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
any other planning requirements related
to attainment of the 1997 8-hour ozone
NAAQS for so long as the area
continues to attain the 1997 8-hour
ozone NAAQS.
Finalizing both of these
determinations or either of them would
not constitute a redesignation of the
Pittsburgh Area to attainment for the
1997 8-hour ozone NAAQS under CAA
section 107(d)(3). Neither determination
of attainment involves approving a
maintenance plan for the Pittsburgh
Area, nor determines that the Pittsburgh
Area has met all the requirements for
redesignation under the CAA, including
that the attainment be due to permanent
and enforceable measures.1 Therefore,
the designation status of the Pittsburgh
Area will remain nonattainment for the
1997 8-hour ozone NAAQS until such
time as EPA takes final rulemaking
action to determine that the Pittsburgh
Area meets the CAA requirements for
redesignation to attainment. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before EPA takes final action.
mstockstill on DSK4VPTVN1PROD with
V. Statutory and Executive Order
Reviews
This action proposes to make
determinations based on air quality, and
would, if finalized, result in the
suspension of certain federal
requirements, and/or would not impose
additional requirements beyond those
imposed by state law. For that reason,
these proposed actions:
• Are 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);
1 The monitoring data from the 2007–2009, 2008–
2010, and 2009–2011 monitoring periods that is
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 this action addresses only whether the
monitoring data shows attainment, EPA need not
address at this time whether such attainment was
due to the remanded CAIR.
VerDate Mar<15>2010
16:22 Dec 07, 2012
Jkt 229001
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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, these proposed
determinations that the Pittsburgh Area
attained the 1997 8-hour ozone NAAQS
do not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the determinations do not 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, Ozone, Reporting and
recordkeeping requirements.
Dated: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–29790 Filed 12–7–12; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
73391
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0732; FRL–9739–4]
Approval of Air Quality Implementation
Plans; California; Eastern Kern,
Imperial County, Placer County, and
Yolo-Solano; Prevention of Significant
Deterioration
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing approval of
revisions to the California State
Implementation Plan (SIP) under the
Clean Air Act (CAA or Act). EPA is
proposing approval of four permitting
rules submitted for the Eastern Kern Air
Pollution Control District (EKAPCD),
Imperial County Air Pollution Control
District (ICAPCD), Placer County Air
Pollution Control District (PCAPCD),
and Yolo-Solano Air Quality
Management District (YSAQMD)
portions of the California SIP. The State
of California is required under Part C of
title I of the Act to adopt and implement
a SIP-approved Prevention of
Significant Deterioration (PSD) permit
program. We are proposing to revise the
SIP to incorporate EKAPCD Rule
210.4—Prevention of Significant
Deterioration, ICAPCD Rule 904—
Prevention of Significant Deterioration
(PSD) Permit Program, PCAPCD Rule
518—Prevention of Significant
Deterioration (PSD) Permit Program, and
YSAQMD Rule 3.24—Prevention of
Significant Deterioration. The approval
of these rules would establish a PSD
permit program in each District for preconstruction review of certain new and
modified major stationary sources in
attainment or unclassifiable areas. We
are soliciting comments on this
proposal. In the ‘‘Rules’’ section of this
Federal Register, we are approving
these California SIP revisions as a direct
final rule without a prior proposed rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that this rule, or
the relevant provisions of the rule, will
not take effect, and all public comments
received will be addressed in any
subsequent final rule based on this
proposed rule.
DATES: Any comments must be
submitted no later than January 9, 2013.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
SUMMARY:
E:\FR\FM\10DEP1.SGM
10DEP1
]]>Agencies
[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Proposed Rules]
[Pages 73387-73391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29790]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0409; FRL-9759-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone
Standard for the Pittsburgh-Beaver Valley Moderate Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to make two separate and independent
determinations regarding the Pittsburgh-Beaver Valley 1997 8-hour ozone
nonattainment area (the Pittsburgh Area). First, EPA is proposing to
determine that the Pittsburgh Area attained the 1997 8-hour ozone
national ambient air quality standard (NAAQS) by the applicable
attainment date of June 15, 2010. This proposal is based upon complete,
quality assured, and certified ambient air monitoring data for the
2007-2009 monitoring period showing monitored attainment of the 1997 8-
hour ozone NAAQS. Second, EPA is proposing to determine that the
Pittsburgh Area is attaining the 1997 8-hour ozone NAAQS, based on
complete, quality assured, and certified ambient air monitoring data
for the 2009-2011 monitoring period, and available preliminary data for
2012. If finalized, this determination would suspend the requirement
for the Pittsburgh Area to submit an attainment demonstration,
reasonably available control measures (RACM), a reasonable further
progress (RFP) plan, and contingency measures related to attainment of
the 1997 8-hour ozone NAAQS for so long as the area continues to attain
that NAAQS. These determinations do not constitute a redesignation to
attainment. The Pittsburgh Area will remain designated nonattainment
for the 1997 8-hour ozone NAAQS until such time as EPA determines that
the Pittsburgh Area meets the Clean Air Act (CAA) requirements for
redesignation to attainment, including an approved maintenance plan.
These actions are being taken under the CAA.
DATES: Written comments must be received on or before January 9, 2013.
ADDRESSES: Submit your comments, identified by Docket ID EPA-R03-OAR-
2012-0409 by one of the following methods:
[[Page 73388]]
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: Mastro.donna@epa.gov.
C. Mail: EPA-R03-OAR-2012-0409, 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-
2012-0409. 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: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: The following outline is provided to aid in
locating information in this action.
I. Background
II. Summary of Proposed Actions
III. EPA's Analysis of the Relevant Air Quality Data
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. The Pittsburgh Area
In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. On
April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. These actions became effective on June 15,
2004. Among those nonattainment areas is the Pittsburgh Area, which
includes Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and
Westmoreland Counties in Pennsylvania. See 40 CFR 81.339.
B. Classification Under Subpart 2
Under the implementation rule for the 1997 8-hour ozone NAAQS, EPA
designated certain areas under title I, part D, subpart 1 of the CAA
(subpart 1) if they had a 1-hour design value below 0.121 ppm. In June
2004, EPA designated the Pittsburgh Area nonattainment under subpart 1
for the 1997 8-hour ozone NAAQS. In June 2007, the United States Court
of Appeals for the District of Columbia Circuit (DC Circuit Court)
vacated the portion of the 1997 ozone implementation rule that allowed
areas to be designated under subpart 1. On April 27, 2012, EPA
finalized revisions to the 2004 rule that specified the first phase of
requirements to meet the 1997 8-hour NAAQS (Phase 1 Implementation
Rule). The revisions to the Phase 1 Implementation Rule are EPA's
response to a December 22, 2006 decision by the DC Circuit Court in
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir.
2006) and were effective on June 13, 2012 (77 FR 28424). As a result of
this action, the CAA classifications for 16 nonattainment areas,
including the Pittsburgh Area, were revised for the 1997 8-hour ozone
NAAQS. The areas were originally classified under the more general
subpart 1 provisions of the CAA. Through this rulemaking, the areas
were classified as marginal or moderate under the ozone-specific
subpart 2 provisions of the CAA, depending on their design values at
the time of the original designations in April 2004. The Pittsburgh
Area was classified as moderate. Moderate areas are required to attain
the 1997 8-hour ozone NAAQS by June 15, 2010.
C. Previous Determination of Attainment
Under the provisions of EPA's ozone implementation rule (see 40 CFR
section 51.918), if EPA issues a determination that an area is
attaining the relevant standard (through a rulemaking that includes
public notice and comment), it will suspend the area's obligations to
submit an attainment demonstration, RACM, RFP, contingency measures,
and other planning requirements related to attainment for as long as
the area continues to attain. The determination of attainment, also
known as a ``clean data'' determination, is not equivalent to a
redesignation. The state must still meet the statutory requirements for
redesignation in order to be redesignated to attainment.
On May 31, 2011, EPA published a final determination that the
Pittsburgh Area had attained the 1997 8-hour ozone NAAQS. (76 FR
31237). That determination was based upon complete, quality assured,
and certified ambient air monitoring data that show the Pittsburgh Area
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to
2009 monitoring period. In accordance with EPA's applicable ozone
implementation rule, that determination suspended the obligation of the
Commonwealth of Pennsylvania to submit an attainment demonstration and
associated RACM analysis, RFP plan, contingency measures, and other
planning requirements related to attainment of the 1997 8-hour ozone
NAAQS for the Pittsburgh Area required under subpart 1 of the CAA for
as long as the Pittsburgh Area continues to meet the 1997 8-hour ozone
NAAQS. That determination of attainment was not equivalent to a
redesignation to attainment. The Commonwealth must still meet the
statutory requirements for redesignation in order to be redesignated to
attainment.
In its May 31, 2011 final rulemaking action, EPA explained that
when the Pittsburgh Area was reclassified under subpart 2, EPA would
address in a separate rulemaking the consequences
[[Page 73389]]
of a determination of attainment for any requirements to which the
Pittsburgh Area became subject as a result of its reclassification. If
EPA subsequently determined in that rulemaking action that the
Pittsburgh Area continued to be in attainment, then the obligation to
submit the applicable attainment-related requirements for its new
classification would be suspended in accordance with 40 CFR 51.918. (76
FR 76929). As previously discussed, the Pittsburgh Area was
reclassified under subpart 2, effective June 13, 2012. Therefore,
today's proposed rulemaking addresses the Pittsburgh Area's obligations
under its new moderate classification.
D. Requirement To Determine Attainment by the Attainment Date
Under CAA section 181(b)(2), EPA is required to determine whether a
nonattainment area attained the 1997 8-hour ozone NAAQS by its
applicable attainment date, and to publish that determination in the
Federal Register. If EPA determines that an area failed to attain the
ozone NAAQS by its attainment date, the area is reclassified to a
higher classification.
E. Ambient Air Quality Monitoring Data
Complete, quality assured, certified 8-hour ozone air quality
monitoring data for the 2007-2009, 2008-2010, and 2009-2011 monitoring
periods for the Pittsburgh Area, as recorded in the EPA Air Quality
System (AQS) database show that the Pittsburgh Area has attained the
1997 8-hour ozone NAAQS. Preliminary data available to date for 2012 is
consistent with continued attainment.
II. Summary of Proposed Actions
These actions do not constitute a redesignation to attainment under
section 107(d)(3) of the CAA. The designation status of the Pittsburgh
Area will remain nonattainment for the 1997 8-hour ozone NAAQS until
such time as EPA determines that the area meets the CAA requirements
for redesignation to attainment, including an approved maintenance
plan.
A. Determination of Attainment by the Attainment Date
EPA is proposing to make a determination that the Pittsburgh Area
attained the 1997 8-hour ozone NAAQS by its applicable attainment date
of June 15, 2010. This determination is based upon complete, quality
assured and certified ambient air monitoring data for the 2007-2009
monitoring period, which is the last full three-year period prior to
the June 15, 2010 attainment date. The 2007-2009 data show that the
Pittsburgh Area monitored attainment of the 1997 8-hour ozone NAAQS.
The effect of a final determination of attainment by the Pittsburgh
Area's attainment date would be to discharge EPA's obligation under CAA
section 181(b)(2) to determine, based on the Pittsburgh Area's air
quality as of the attainment date, whether the area attained the
standard by that date and to establish that the Pittsburgh Area will
not be reclassified.
B. ``Clean Data'' Determination of Attainment
EPA is also proposing to make a determination that the Pittsburgh
Area has attained the 1997 8-hour ozone NAAQS. This determination is
based upon complete, quality assured and certified ambient air
monitoring data that show the Pittsburgh Area has monitored attainment
of the 1997 8-hour ozone NAAQS for the 2009-2011 monitoring period.
Preliminary data available for 2012 are consistent with continued
attainment. Under the provisions of EPA's implementation rule for the
1997 8-hour NAAQS (see 40 CFR 51.918), a final determination of
attainment would suspend the CAA requirements for the Pittsburgh Area
to submit an attainment demonstration and the associated RFP plan,
contingency measures, RACM analysis, and any other planning
requirements related to attainment of the 1997 8-hour ozone NAAQS
required for moderate areas under subpart 2 of the CAA. This suspension
would remain in effect until such time, if any, that EPA (i)
redesignates the area to attainment at which time those requirements no
longer apply, or (ii) subsequently determines, after notice-and-comment
rulemaking, that the Pittsburgh Area has violated the 1997 8-hour ozone
NAAQS. This final determination would be separate from, and would not
influence or otherwise affect, any future designation or requirements
for the Pittsburgh Area based on any new or revised ozone NAAQS. It
remains in effect regardless of whether EPA designates the Pittsburgh
Area as a nonattainment area for purposes of any new or revised ozone
NAAQS.
III. EPA's Analysis of the Relevant Air Quality Data
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the 8-hour ozone ambient air quality monitoring data for
the 2007-2009, 2008-2010, and 2009-2011 monitoring periods for the
Pittsburgh Area, as recorded in the AQS database. On the basis of that
review, EPA has concluded that the Pittsburgh Area attained the 1997 8-
hour ozone NAAQS by its attainment date, based on data for the 2007-
2009 monitoring period. EPA has also concluded that the Pittsburgh Area
continues to attain, based on data for the 2008-2010 and 2009-2011
monitoring periods. Preliminary 2012 data is consistent with continued
attainment.
Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone
standard is attained at a site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm, based
on the rounding convention in 40 CFR part 50, appendix I). This 3-year
average is referred to as the design value. When the design value is
less than or equal to 0.084 ppm at each monitoring site within the
area, then the area is meeting the NAAQS.
Also, the data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than 90%,
and no single year has less than 75% data completeness as determined in
accordance with appendix I of 40 CFR part 50.
Tables 1, 2, and 3 below show the ozone design values for each
monitor in the Pittsburgh Area for the years 2007-2009, 2008-2010, and
2009-2011, respectively. All design values are below 0.084 ppm, and all
monitors meet the data completeness requirements. Therefore, EPA finds
that the Pittsburgh Area attained the 1997 8-hour ozone NAAQS,
considering 2007-2009, 2008-2010, and 2009-2011 data.
Table 1--2007-2009 Pittsburgh Area 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
2007-2009 Average
County Monitor ID % data 2007-2009 Design
completeness value (ppm)
----------------------------------------------------------------------------------------------------------------
Allegheny........................................... 420030008 99 0.077
420030010 99 0.074
[[Page 73390]]
420030067 98 0.073
420031005 97 0.082
Armstrong........................................... 420050001 100 0.077
Beaver.............................................. 420070002 97 0.073
420070005 97 0.071
420070014 100 0.073
Washington.......................................... 421250005 99 0.072
421250200 100 0.068
421255001 95 0.072
Westmoreland........................................ 421290006 100 0.071
421290008 99 0.072
----------------------------------------------------------------------------------------------------------------
Table 2--2008-2010 Pittsburgh Area 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
2008-2010 Average
County Monitor ID % data 2008-2010 Design
completeness value (ppm)
----------------------------------------------------------------------------------------------------------------
Allegheny........................................... 420030008 98 0.076
420030010 96 0.071
420030067 99 0.074
420031005 99 0.081
Armstrong........................................... 420050001 100 0.076
Beaver.............................................. 420070002 97 0.071
420070005 96 0.073
420070014 95 0.071
Washington.......................................... 421250005 99 0.070
421250200 99 0.068
421255001 94 0.071
Westmoreland........................................ 421290006 99 0.068
421290008 98 0.072
----------------------------------------------------------------------------------------------------------------
Table 3--2009-2011 Pittsburgh Area 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
2009-2011 Average
County Monitor ID % data 2009-2011 Design
completeness value (ppm)
----------------------------------------------------------------------------------------------------------------
Allegheny........................................... 420030008 98 0.074
420030010 95 0.071
420030067 99 0.075
420031005 99 0.080
Armstrong........................................... 420050001 100 0.073
Beaver.............................................. 420070002 97 0.069
420070005 98 0.072
420070014 94 0.071
Washington.......................................... 421250005 99 0.069
421250200 99 0.068
421255001 96 0.069
Westmoreland........................................ 421290006 99 0.068
421290008 98 0.069
----------------------------------------------------------------------------------------------------------------
In the Technical Support Document (TSD) prepared for this action,
EPA has evaluated the air quality data for the Pittsburgh Area. EPA's
review of the data indicates that the Pittsburgh Area has met the 1997
8-hour ozone NAAQS. For details, please refer to EPA's TSD, which can
be viewed at https://www.regulations.gov, Docket ID No. EPA-R03-OAR-
2012-0409.
IV. Proposed Actions
EPA is proposing to make two determinations regarding the
Pittsburgh Area. First, pursuant to section 181(b)(2)(A) of the CAA,
EPA is proposing to determine that the Pittsburgh Area attained the
1997 8-hour ozone NAAQS by its applicable attainment date, June 15,
2010. This proposed determination is based upon complete, quality
assured, and certified ambient air monitoring data for the 2007-2009
monitoring period. The effect of a final determination would be that:
(i) EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard; and (ii) the Pittsburgh Area
would not be reclassified for failure to attain by its applicable
attainment date. Second, EPA is proposing to make a determination that
the Pittsburgh Area has attained the 1997 8-hour ozone NAAQS. This
proposed ``clean data''
[[Page 73391]]
determination is based upon complete, quality assured, and certified
ambient air monitoring data that show the area has monitored attainment
of the 1997 8-hour ozone NAAQS for the 2009-2011 monitoring period.
Available preliminary 2012 data is consistent with continued
attainment. Pursuant to 40 CFR 51.918, if this clean data determination
is finalized, it would suspend the requirements for the Pittsburgh Area
to submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning requirements related to
attainment of the 1997 8-hour ozone NAAQS for so long as the area
continues to attain the 1997 8-hour ozone NAAQS.
Finalizing both of these determinations or either of them would not
constitute a redesignation of the Pittsburgh Area to attainment for the
1997 8-hour ozone NAAQS under CAA section 107(d)(3). Neither
determination of attainment involves approving a maintenance plan for
the Pittsburgh Area, nor determines that the Pittsburgh Area has met
all the requirements for redesignation under the CAA, including that
the attainment be due to permanent and enforceable measures.\1\
Therefore, the designation status of the Pittsburgh Area will remain
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA
takes final rulemaking action to determine that the Pittsburgh Area
meets the CAA requirements for redesignation to attainment. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before EPA takes final action.
---------------------------------------------------------------------------
\1\ The monitoring data from the 2007-2009, 2008-2010, and 2009-
2011 monitoring periods that is 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 this action addresses only whether the
monitoring data shows attainment, EPA need not address at this time
whether such attainment was due to the remanded CAIR.
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
This action proposes to make determinations based on air quality,
and would, if finalized, result in the suspension of certain federal
requirements, and/or would not impose additional requirements beyond
those imposed by state law. For that reason, these proposed actions:
Are 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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, these proposed determinations that the Pittsburgh Area
attained the 1997 8-hour ozone NAAQS do not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the determinations do not 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, Ozone, Reporting
and recordkeeping requirements.
Dated: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-29790 Filed 12-7-12; 8:45 am]
BILLING CODE 6560-50-P
