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, 20244-20246 [2013-07768]
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20244
Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations
Dated: March 28, 2013, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013–07621 Filed 4–3–13; 8:45 am]
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Friday, March 29, 2013, the subagency
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[FR Doc. 2013–07993 Filed 4–3–13; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0409; FRL–9797–8]
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: Final rule.
AGENCY:
EPA is making two separate
and independent determinations
regarding the Pittsburgh-Beaver Valley
1997 8-hour ozone nonattainment area
(the Pittsburgh Area). First, EPA is
making a determination that the
Pittsburgh Area attained the 1997 8hour ozone national ambient air quality
standard (NAAQS) by the 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 showing monitored
attainment of the 1997 8-hour ozone
NAAQS. Second, EPA is making a
determination 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 preliminary data
for 2012. This final determination
suspends the requirement for the
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SUMMARY:
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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: This final rule is effective on
May 6, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0409. 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:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 10, 2012 (77 FR 73387),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
December 10, 2012 rulemaking action,
EPA proposed to determine that the
Pittsburgh Area attained the 1997 8hour ozone NAAQS by its attainment
date, June 15, 2010. EPA also proposed
to make a clean data determination,
finding that the Pittsburgh Area has
attained the 1997 8-hour ozone NAAQS.
No comments were received on the
December 10, 2012 NPR.
II. Summary of SIP Revision
These actions do not constitute a
redesignation of the Pittsburgh Area to
attainment for the 1997 8-hour ozone
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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. 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.
A. Determination of Attainment by the
Attainment Date
EPA is making a determination that
the Pittsburgh Area attained the 1997 8hour 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 8hour ozone NAAQS. The effect of a final
determination of attainment by the
Pittsburgh Area’s attainment date is 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 making 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 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 suspends
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,
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations
that EPA (i) redesignates the area to
attainment at which time those
requirements no longer apply, or (ii)
subsequently determines, after noticeand-comment rulemaking, that the
Pittsburgh Area has violated the 1997 8hour ozone NAAQS. This final
determination is separate from, and
does 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.
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C. 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 EPA’s Air Quality
System (AQS) database. On the basis of
that review, EPA has concluded that the
Pittsburgh Area attained the 1997 8hour 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.
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. The
rationale for EPA’s action is explained
in the NPR and will not be restated here.
No public comments were received on
the NPR.
III. Final Action
EPA is making two determinations
regarding the Pittsburgh Area. First,
pursuant to section 181(b)(2)(A) of the
CAA, EPA is making a determination
that the Pittsburgh Area has attained the
1997 8-hour ozone NAAQS by its
moderate area attainment date, June 15,
2010. Second, EPA is making a
determination 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 preliminary data
for 2012. This final determination
suspends the requirements for the
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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-hours ozone
NAAQS for so long as the area
continues to attain the 1997 8-hour
ozone 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 CAA
requirements for redesignation to
attainment, including an approved
maintenance plan.
IV. 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
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20245
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
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 June 3, 2013. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This determination that the
Pittsburgh Area has attained the 1997
8-hour ozone NAAQS may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone.
Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 52
continues to read as follows:
[EPA–R06–OAR–2006–0851; FRL–9796–8]
40 CFR Part 63
■
Delegation of National Emission
Standards for Hazardous Air Pollutants
for the States of Kentucky and
Louisiana, Correcting Amendments
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. Section 52.2037 is amended by
adding paragraph (s) to read as follows:
■
§ 52.2037 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(s) Determination of attainment. EPA
has determined, as of April 4, 2013, that
based on 2009 to 2011 ambient air
quality data, the Pittsburgh-Beaver
Valley, PA moderate nonattainment area
has attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). This determination, in
accordance with 40 CFR 51.918,
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 8-hour
ozone NAAQS.
3. Section 52.2056 is amended by
adding paragraph (i) to read as follows:
■
§ 52.2056
Determinations of attainment.
*
*
*
*
*
(i) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, the Pittsburgh-Beaver Valley,
PA moderate nonattainment area has
attained the 1997 8-hour ozone NAAQS
by the applicable attainment date of
June 15, 2010. Therefore, 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. EPA also
determined that the Pittsburgh-Beaver
Valley, PA moderate nonattainment area
will not be reclassified for failure to
attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
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Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendments.
AGENCY:
On April 14, 2010, EPA
published a direct final rule approving
delegations of authority for Louisiana.
There was an error in the amendatory
language which resulted in errors in the
codification of the delegated Federal
authorities for Kentucky and Louisiana.
This action corrects the errors.
DATES: This correction is effective on
April 4, 2013.
FOR FURTHER INFORMATION CONTACT: Bill
Deese, Air Planning Section, (6PD–L),
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–7253; fax number 214–665–
7263; email address
deese.william@epa.gov.
SUMMARY:
This
action corrects errors in 40 CFR part 63
that resulted from an error in the
amendatory language in a 40 CFR parts
60, 61, and 63 Federal Register direct
final rule, delegation of authority,
entitled ‘‘Delegation of New Source
Performance Standards and National
Emission Standards for Hazardous Air
Pollutants for the State of Louisiana,’’
published April 14, 2010 (75 FR 19252).
The error resulted in the revised
Louisiana 40 CFR part 63 delegation of
authority being codified in 40 CFR
63.99(a)(18) for Kentucky rather than in
40 CFR 63.99(a)(19) for Louisiana.
Paragraph 63.99(a)(19) for Louisiana
remained as previously approved by
EPA for Louisiana on April 17, 2006 (71
FR 19652). In this action, EPA is
correcting the errors in 40 CFR part 63
by replacing paragraph 63.99(a)(18) with
the language approved for Kentucky in
a May 13, 2009 (74 FR 22437), direct
final rule, and replacing paragraph
63.99(a)(19) with the language approved
for Louisiana in the April 14, 2010
Federal Register direct final rule.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
SUPPLEMENTARY INFORMATION:
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public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action to correct errors
in 40 CFR part 63 has no substantive
impact on EPA’s May 13, 2009 (74 FR
22437), and EPA’s April 14, 2010 (75 FR
19252), approval of delegation
agreements of the 40 CFR part 63
National Emission Standards for
Hazardous Air Pollutants for the states
of Kentucky and Louisiana. This action
makes no substantive difference to
EPA’s analysis as set out in those rules.
In addition, EPA can identify no
particular reason why the public would
be interested in being notified of the
correction of these paragraphs or in
having the opportunity to comment on
the correction prior to this action being
finalized, since this correction action
does not change the meaning of EPA’s
analysis of Kentucky’s submittal
approved by EPA May 13, 2009, or
Louisiana’s submittals approved by EPA
April 14, 2010. EPA also finds that there
is good cause under APA section
553(d)(3) for this correction to become
effective on the date of publication of
this action. Section 553(d)(3) of the APA
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.’’ 5
U.S.C. 553(d)(3). The purpose of the 30day waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule does not
create any new regulatory requirements
such that affected parties would need
time to prepare before the rule takes
effect. Rather, today’s action merely
corrects an error in the regulatory text
of a prior rule by correcting the 40 CFR
part 63 delegations of authority of the 40
CFR Part 63 National Emission
Standards for Hazardous Air Pollutants
for the states of Kentucky and Louisiana
approved by EPA May 13, 2009, and
April 14, 2010, respectively. For these
reasons, EPA finds good cause under
APA section 553(d)(3) for this correction
to become effective on the date of
publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
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]]>Agencies
[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Rules and Regulations]
[Pages 20244-20246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07768]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0409; FRL-9797-8]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making two separate and independent determinations
regarding the Pittsburgh-Beaver Valley 1997 8-hour ozone nonattainment
area (the Pittsburgh Area). First, EPA is making a determination 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 determination 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 making a determination 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 preliminary data for 2012. This final
determination suspends 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: This final rule is effective on May 6, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0409. 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: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 10, 2012 (77 FR 73387), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the
December 10, 2012 rulemaking action, EPA proposed to determine that the
Pittsburgh Area attained the 1997 8-hour ozone NAAQS by its attainment
date, June 15, 2010. EPA also proposed to make a clean data
determination, finding that the Pittsburgh Area has attained the 1997
8-hour ozone NAAQS. No comments were received on the December 10, 2012
NPR.
II. Summary of SIP Revision
These actions do 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. 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.
A. Determination of Attainment by the Attainment Date
EPA is making 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 is 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 making 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
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 suspends 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,
[[Page 20245]]
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 is separate from,
and does 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.
C. 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 EPA's Air Quality System (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.
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. The rationale for EPA's action is explained in the NPR and
will not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is making two determinations regarding the Pittsburgh Area.
First, pursuant to section 181(b)(2)(A) of the CAA, EPA is making a
determination that the Pittsburgh Area has attained the 1997 8-hour
ozone NAAQS by its moderate area attainment date, June 15, 2010.
Second, EPA is making a determination 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 preliminary data for 2012. This final
determination suspends 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-hours ozone NAAQS for so long as the area
continues to attain the 1997 8-hour ozone 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
CAA requirements for redesignation to attainment, including an approved
maintenance plan.
IV. 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 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 June 3, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This determination that the Pittsburgh Area has attained the
1997 8-hour ozone NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone.
Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 20246]]
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 52.2037 is amended by adding paragraph (s) to read as
follows:
Sec. 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(s) Determination of attainment. EPA has determined, as of April 4,
2013, that based on 2009 to 2011 ambient air quality data, the
Pittsburgh-Beaver Valley, PA moderate nonattainment area has attained
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS).
This determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 8-hour ozone NAAQS.
0
3. Section 52.2056 is amended by adding paragraph (i) to read as
follows:
Sec. 52.2056 Determinations of attainment.
* * * * *
(i) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, the Pittsburgh-Beaver Valley, PA moderate
nonattainment area has attained the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 15, 2010. Therefore, 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. EPA also determined that the Pittsburgh-Beaver
Valley, PA moderate nonattainment area will not be reclassified for
failure to attain by its applicable attainment date pursuant to section
181(b)(2)(A).
[FR Doc. 2013-07768 Filed 4-3-13; 8:45 am]
BILLING CODE 6560-50-P
