EPA Responses to State and Tribal 2012 Primary Annual Fine Particle Designation Recommendations, 51517-51520 [2014-20641]

Download as PDF Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules wreier-aviles on DSK5TPTVN1PROD with PROPOSALS erroneously not included in the regulation. Pursuant to section 110(k)(4) of the CAA, PADEP submitted on behalf of ACHD a letter dated July 16, 2014 committing to submit a SIP revision to EPA addressing this error in order to satisfy the RACT requirements under the 8-hour ozone standard for Allegheny County. More detailed information on these provisions can be found in the technical support document located in the docket prepared for this rulemaking action. IV. Proposed Action EPA is proposing conditional approval of the Commonwealth of Pennsylvania SIP revision submitted on November 15, 2013, which consists of amendments to the ACHD Rules and Regulations, Article XXI, Air Pollution Control for adopting RACT for sources covered by EPA’s CTG standards for the following categories: Miscellaneous metal and/or plastic parts surface coating processes, automobile and lightduty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials. Pursuant to section 110(k)(4) of the CAA, this conditional approval is based upon a letter from PADEP on behalf of ACHD dated July 16, 2014 committing to submit to EPA, no later than twelve months from EPA’s final conditional approval of ACHD’s adoption of CTGs for miscellaneous metal and/or plastic parts surface coating processes, automobile and light-duty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials, an additional SIP revision to address the erroneous deficiency in the current regulation for fiberglass boat manufacturing materials. The SIP revision, to be submitted by PADEP on behalf of ACHD, will include a table of monomer VOC content limits for fiberglass boat manufacturing materials. Once EPA has determined that ACHD has satisfied this condition, EPA shall remove the conditional nature of its approval and Allegheny County’s adoption of CTGs for miscellaneous metal and/or plastic parts surface coating processes, automobile and lightduty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials will, at that time, receive a full approval status. Should ACHD fail to meet the condition specified above, the final conditional approval of Allegheny County’s CTGs for the above listed source categories will convert to a disapproval. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. VerDate Mar<15>2010 15:20 Aug 28, 2014 Jkt 232001 V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (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 proposed rule, pertaining to ACHD’s adoption of CTG standards for miscellaneous metal and/ or plastic parts surface coating processes, automobile and light-duty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials, does not have tribal implications as specified by PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 51517 Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not conditionally approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 14, 2014. William C. Early, Acting Regional Administrator, Region III. [FR Doc. 2014–20688 Filed 8–28–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2012–0918; FRL– 9915–91– OAR] EPA Responses to State and Tribal 2012 Primary Annual Fine Particle Designation Recommendations Environmental Protection Agency. ACTION: Notice of availability and public comment period. AGENCY: Notice is hereby given that the Environmental Protection Agency (EPA) has posted its responses to state and tribal designation recommendations for the 2012 primary annual fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS) on the agency’s Internet Web site. The EPA invites the public to review and provide input on its responses during the comment period specified in the DATES section. The EPA sent its responses directly to the states and tribes on or about August 19, 2014. These responses focus on designating as ‘‘nonattainment’’ certain areas of the country where air monitoring data from 2011–2013 indicate violations of the 2012 primary annual PM2.5 NAAQS. The EPA intends to make final designation determinations for the 2012 primary annual PM2.5 NAAQS for most areas of the country in December 2014. This notice also announces the EPA’s decision to extend the designation period by up to 1 year to December 2015 for a limited number of areas for which insufficient information is currently available to promulgate designations. DATES: Comments must be received on or before September 29, 2014. Please SUMMARY: E:\FR\FM\29AUP1.SGM 29AUP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 51518 Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules refer to SUPPLEMENTARY INFORMATION for additional information on the comment period. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–OAR– HQ–2012–0918, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Email: A-and-R-docket@epa.gov. Attention Docket ID No. EPA–HQ–OAR– 2012–0918 in the subject line of the message. • Fax: 202–566–9744. Attention Docket ID No. EPA–HQ–OAR–2012– 0918. • Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mail Code 28221T, Attention Docket ID No. EPA–HQ–OAR–2012–0918, 1200 Pennsylvania Ave. NW., Washington, DC 20460. • Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, DC 20004. 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–HQ–OAR–2012– 0918. The 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 or other information whose disclosure is restricted by statute. Do not submit information that you consider to be confidential business information or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA is unable to read your comment and cannot contact you for clarification due to technical difficulties, the EPA may not be able to VerDate Mar<15>2010 15:20 Aug 28, 2014 Jkt 232001 consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to Section II of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202–566–1744, and the telephone number for the Air Docket is 202–566–1742. FOR FURTHER INFORMATION CONTACT: For general questions concerning this action, please contact Beth Palma, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Planning Division, C539–04, Research Triangle Park, NC 27711, telephone 919–541– 5432, email at palma.elizabeth@epa.gov. For questions about areas in EPA Region 1, please contact Alison Simcox, U.S. EPA, telephone 617–918–1684, email at simcox.alison@epa.gov. For questions about areas in EPA Region 2, please contact Kenneth Fradkin, U.S. EPA, telephone 212–637–3702, email at fradkin.kenneth@epa.gov. For questions about areas in EPA Region 3, please contact Maria Pino, U.S. EPA, telephone 215–814–2181, email at pino.maria@ epa.gov. For questions about areas in EPA Region 4, please contact Joel Huey, U.S. EPA, telephone 404–562–9104, email at huey.joel@epa.gov. For questions about areas in EPA Region 5, please contact Carolyn Persoon, U.S. EPA, telephone 312–353–8290, email at persoon.carolyn@epa.gov. For questions about areas in EPA Region 6, please contact John Walser, U.S. EPA, telephone 214–665–7128, email at walser.john@epa.gov. For questions about areas in EPA Region 7, please PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 contact Andy Hawkins, U.S. EPA, telephone 913–551–7179, email at hawkins.andy@epa.gov. For questions about areas in EPA Region 8, please contact Crystal Ostigaard, U.S. EPA, telephone 303–312–6602, email at ostigaard.crystal@epa.gov. For questions about areas in EPA Region 9, please contact John J. Kelly, U.S. EPA, telephone 415–947–4151, email at kelly.johnj@epa.gov. For questions about areas in EPA Region 10, please contact Justin Spenillo, U.S. EPA, telephone 206–553–6125, email at spenillo.justin@epa.gov. SUPPLEMENTARY INFORMATION: I. Background and Purpose On December 14, 2012, the EPA revised the primary annual PM2.5 NAAQS to provide increased protection of public health and welfare from fine particle pollution (78 FR 3086; January 15, 2013). In that action, the EPA revised the primary annual PM2.5 standard, strengthening it from 15.0 micrograms per cubic meter (mg/m3) to 12.0 mg/m3, which is attained when the 3-year average of the annual arithmetic means does not exceed 12.0 mg/m3. The process for designating areas following promulgation of a new or revised NAAQS is contained in Clean Air Act (CAA) section 107(d), 42 U.S.C. 7407(d). Following the promulgation of a new or revised NAAQS, each governor or tribal leader has an opportunity to recommend air quality designations, including the appropriate boundaries for nonattainment areas, to the EPA. The EPA considers these recommendations as part of its duty to promulgate the formal area designations and boundaries for the new or revised NAAQS. By no later than 120 days prior to promulgating designations, the EPA is required to notify states and tribes of any intended modification to an area designation or boundary recommendation that the EPA deems necessary. On or about August 19, 2014, the EPA notified states and tribes of its intended area designations for the 2012 primary annual PM2.5 NAAQS. The EPA based its intended 2012 primary annual PM2.5 NAAQS area designations on an evaluation of complete, certified, and quality-assured monitored air quality data for 2011–2013, including an evaluation of exceptional event claims.1 States and tribes now have an opportunity to demonstrate why they believe an intended modification by the EPA may be inappropriate. The EPA 1 Exceptional event claims influenced the EPA’s intended designations for areas in the state of Hawaii and for Lemhi County, Idaho. E:\FR\FM\29AUP1.SGM 29AUP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules encourages states and tribes to provide comments and additional information for the EPA to consider before finalizing designations in December 2014. The purpose of this notice is to solicit public comments from interested parties other than states and tribes regarding the EPA’s recent responses to the state and tribal designation recommendations for the 2012 primary annual PM2.5 NAAQS. These responses, and their supporting technical analyses, can be found on the EPA’s Internet Web site at http://www.epa.gov/airquality/ particlepollution/designations/ 2012standards/index.htm and also in the public docket for the 2012 primary annual PM2.5 designations at www.regulations.gov, Docket ID No. EPA–HQ–OAR–2012–0918. The EPA invites public comment on its responses to states and tribes during the 30-day comment period provided by this notice. Although under CAA section 107(d) the EPA is not required to seek public comment during this designation process, the EPA is electing to do so for the 2012 primary annual PM2.5 NAAQS to gather additional information for consideration before promulgating final designations. Due to the statutory timeframe for promulgating designations set out in CAA section 107(d), the EPA will not be able to consider any public comments submitted after September 29, 2014. This notice and opportunity for public comment does not affect any rights or obligations of the EPA, or any state or tribe, which might otherwise exist pursuant to CAA section 107(d). Please refer to the ADDRESSES section above in this document for specific instructions on submitting comments and locating relevant public documents. The EPA believes that the boundaries for each nonattainment area should be evaluated and determined on a case-bycase basis considering the specific facts and circumstances unique to the area. CAA section 107(d) requires that the EPA designate as nonattainment not only any area that is violating the 2012 primary annual PM2.5 NAAQS, but also any nearby areas that contribute to the violation in the violating area. The EPA is particularly interested in receiving comments, supported by relevant information, if you believe that a specific geographic area that the EPA is proposing to identify as a nonattainment area should not be categorized by the section 107(d) criteria as nonattainment, or if you believe that a specific nearby area not proposed by the EPA to be identified as contributing to a nonattainment area should in fact be categorized as contributing to nonattainment using the section 107(d) VerDate Mar<15>2010 15:20 Aug 28, 2014 Jkt 232001 criteria. Please be as specific as possible in supporting your views. • Describe any assumptions and provide any technical information and/ or data that you used. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible. • Make sure to provide your input by the comment period deadline identified in this notice. To date, the EPA has identified 14 areas that do not meet the 2012 primary annual PM2.5 NAAQS, and intends to designate these areas as nonattainment—http://www.epa.gov/ airquality/particlepollution/ designations/2012standards/docs/ 20140819nonattainment.pdf. The EPA has also identified eight areas with ambient air quality monitoring sites that lack complete data for the relevant period—http://www.epa.gov/airquality/ particlepollution/designations/ 2012standards/docs/ 20140819unclassifiablelist.pdf. Accordingly, because the EPA cannot determine based on available information whether or not these areas are meeting or not meeting the NAAQS, the EPA intends to designate these areas as ‘‘unclassifiable.’’ The EPA intends to designate all but five of the remaining areas of the country as ‘‘unclassifiable/ attainment.’’ For the five remaining areas, which are located in the state of Georgia and 2 neighboring counties in the bordering states of Alabama and South Carolina, relevant information, including air quality monitoring data, are insufficient to promulgate a designation at this time—http:// www.epa.gov/airquality/ particlepollution/designations/ 2012standards/docs/ 20140819deferredlist.pdf. For these areas the EPA believes that an additional year of air quality monitoring data will result in complete and valid data sufficient to inform a designation determination. Accordingly, the EPA is extending the designation determination period for these five areas for up to 1 year under the authority of CAA section 107(d)(1)(B)(i). The EPA will assess supplementary data for these areas before promulgating initial designations by the statutory deadline of December 14, 2015. II. Instructions for Submitting Public Comments A. What should I consider as I prepare my comments for the EPA? 1. Submitting Confidential Business Information. Do not submit this PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 51519 information to the EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be confidential business information. For confidential business information in a disk or CD– ROM that you mail to the EPA, mark the outside of the disk or CD–ROM as confidential business information and then identify electronically within the disk or CD–ROM the specific information that is claimed as confidential business information. In addition to one complete version of the comment that includes information claimed as confidential business information, a copy of the comment that does not contain the information claimed as confidential business information must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as confidential business information only to the following address: Roberto Morales, U.S. EPA, Office of Air Quality Planning and Standards, Mail Code C404–02, Research Triangle Park, NC 27711, telephone 919–541–0880, email at morales.roberto@epa.gov, Attention Docket ID No. EPA–HQ–OAR–2012– 0918. 2. Tips for Preparing Your Comments. When submitting comments, remember to: • Identify the docket number and other identifying information (subject heading, Federal Register date and page number). • Follow directions—the agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified in the DATES section above. E:\FR\FM\29AUP1.SGM 29AUP1 51520 Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules III. Internet Web Site for Rulemaking Information The EPA has also established a Web site for this rulemaking at http:// www.epa.gov/airquality/ particlepollution/designations/ 2012standards/index.htm. The Web site includes the state and tribal designation recommendations, information supporting the EPA’s preliminary designation decisions, as well as the rulemaking actions and other related information that the public may find useful. Dated: August 20, 2014. Mary Henigin, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. 2014–20641 Filed 8–28–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY comment on this action, you must do so at this time. DATES: Send your written comments by September 29, 2014. ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional Authorization Coordinator, (6PD–O), Multimedia Planning and Permitting Division, at the address shown below. You can examine copies of the materials submitted by the State of Oklahoma during normal business hours at the following locations: EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, phone number (214) 665–8533; or Oklahoma Department of Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101–1677, (405) 702– 7180. Comments may also be submitted electronically or through hand delivery/ courier; please follow the detailed instructions in the ADDRESSES section of the direct final rule which is located in the Rules section of this Federal Register. [FRL–9915–96–Region–6; EPA–R06–RCRA– 2013–0785] FOR FURTHER INFORMATION CONTACT: 40 CFR Part 271 SUPPLEMENTARY INFORMATION: Oklahoma: Final Authorization of State Hazardous Waste Management Program Revisions Alima Patterson (214) 665–8533. For additional information, please see the immediate final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. AGENCY: Environmental Protection Agency. ACTION: Proposed rule. Dated: August 5, 2014. Ron Curry, Regional Administrator, Region 6. The State of Oklahoma has applied to the Environmental Protection Agency (EPA) for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final authorization to the State of Oklahoma. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the direct final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the direct final rule. Unless we get written comments which oppose this authorization during the comment period, the direct final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the direct final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to [FR Doc. 2014–20648 Filed 8–28–14; 8:45 am] wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:20 Aug 28, 2014 Jkt 232001 BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 120706220–4693–01] RIN 0648–BC34 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Pot Gear Fishing Closure in the Pribilof Islands Habitat Conservation Zone in the Bering Sea National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS issues a proposed rule that would implement Amendment 103 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 (BSAI FMP) to close year-round the Pribilof Islands Habitat Conservation Zone (PIHCZ) to directed fishing for Pacific cod with pot gear to minimize bycatch and prevent overfishing of Pribilof Islands blue king crab (PIBKC). This action would promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law. DATES: Submit comments on or before September 29, 2014. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2012–0141, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20120141, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Electronic copies of the BSAI FMP, Amendment 103 to the BSAI FMP, the Environmental Assessment (EA), and the Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/ IRFA) prepared for this action are available from http:// www.regulations.gov or from the NMFS Alaska Region Web site at http:// alaskafisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the BSAI groundfish fisheries under the FMP for groundfish in the BSAI management area (BSAI FMP). The North Pacific Fishery Management Council (Council) prepared the FMP E:\FR\FM\29AUP1.SGM 29AUP1

Agencies

[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Proposed Rules]
[Pages 51517-51520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20641]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2012-0918; FRL- 9915-91-OAR]


EPA Responses to State and Tribal 2012 Primary Annual Fine 
Particle Designation Recommendations

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability and public comment period.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Environmental Protection 
Agency (EPA) has posted its responses to state and tribal designation 
recommendations for the 2012 primary annual fine particle 
(PM2.5) National Ambient Air Quality Standards (NAAQS) on 
the agency's Internet Web site. The EPA invites the public to review 
and provide input on its responses during the comment period specified 
in the DATES section. The EPA sent its responses directly to the states 
and tribes on or about August 19, 2014. These responses focus on 
designating as ``nonattainment'' certain areas of the country where air 
monitoring data from 2011-2013 indicate violations of the 2012 primary 
annual PM2.5 NAAQS. The EPA intends to make final 
designation determinations for the 2012 primary annual PM2.5 
NAAQS for most areas of the country in December 2014. This notice also 
announces the EPA's decision to extend the designation period by up to 
1 year to December 2015 for a limited number of areas for which 
insufficient information is currently available to promulgate 
designations.

DATES: Comments must be received on or before September 29, 2014. 
Please

[[Page 51518]]

refer to SUPPLEMENTARY INFORMATION for additional information on the 
comment period.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-OAR-
HQ-2012-0918, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: A-and-R-docket@epa.gov. Attention Docket ID No. 
EPA-HQ-OAR-2012-0918 in the subject line of the message.
     Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-OAR-
2012-0918.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mail Code 28221T, Attention Docket ID No. EPA-HQ-OAR-2012-
0918, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA 
WJC West Building, 1301 Constitution Avenue NW., Washington, DC 20004. 
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-HQ-OAR-
2012-0918. The 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 or other information whose disclosure 
is restricted by statute. Do not submit information that you consider 
to be confidential business information or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA is unable to read your 
comment and cannot contact you for clarification due to technical 
difficulties, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. For additional 
information about the EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to Section II of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the EPA Docket 
Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is 202-566-1744, and the telephone 
number for the Air Docket is 202-566-1742.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact Beth Palma, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Planning Division, C539-04, 
Research Triangle Park, NC 27711, telephone 919-541-5432, email at 
palma.elizabeth@epa.gov. For questions about areas in EPA Region 1, 
please contact Alison Simcox, U.S. EPA, telephone 617-918-1684, email 
at simcox.alison@epa.gov. For questions about areas in EPA Region 2, 
please contact Kenneth Fradkin, U.S. EPA, telephone 212-637-3702, email 
at fradkin.kenneth@epa.gov. For questions about areas in EPA Region 3, 
please contact Maria Pino, U.S. EPA, telephone 215-814-2181, email at 
pino.maria@epa.gov. For questions about areas in EPA Region 4, please 
contact Joel Huey, U.S. EPA, telephone 404-562-9104, email at 
huey.joel@epa.gov. For questions about areas in EPA Region 5, please 
contact Carolyn Persoon, U.S. EPA, telephone 312-353-8290, email at 
persoon.carolyn@epa.gov. For questions about areas in EPA Region 6, 
please contact John Walser, U.S. EPA, telephone 214-665-7128, email at 
walser.john@epa.gov. For questions about areas in EPA Region 7, please 
contact Andy Hawkins, U.S. EPA, telephone 913-551-7179, email at 
hawkins.andy@epa.gov. For questions about areas in EPA Region 8, please 
contact Crystal Ostigaard, U.S. EPA, telephone 303-312-6602, email at 
ostigaard.crystal@epa.gov. For questions about areas in EPA Region 9, 
please contact John J. Kelly, U.S. EPA, telephone 415-947-4151, email 
at kelly.johnj@epa.gov. For questions about areas in EPA Region 10, 
please contact Justin Spenillo, U.S. EPA, telephone 206-553-6125, email 
at spenillo.justin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    On December 14, 2012, the EPA revised the primary annual 
PM2.5 NAAQS to provide increased protection of public health 
and welfare from fine particle pollution (78 FR 3086; January 15, 
2013). In that action, the EPA revised the primary annual 
PM2.5 standard, strengthening it from 15.0 micrograms per 
cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\, which is attained when the 
3-year average of the annual arithmetic means does not exceed 12.0 
[mu]g/m\3\.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in Clean Air Act (CAA) section 107(d), 42 
U.S.C. 7407(d). Following the promulgation of a new or revised NAAQS, 
each governor or tribal leader has an opportunity to recommend air 
quality designations, including the appropriate boundaries for 
nonattainment areas, to the EPA. The EPA considers these 
recommendations as part of its duty to promulgate the formal area 
designations and boundaries for the new or revised NAAQS. By no later 
than 120 days prior to promulgating designations, the EPA is required 
to notify states and tribes of any intended modification to an area 
designation or boundary recommendation that the EPA deems necessary.
    On or about August 19, 2014, the EPA notified states and tribes of 
its intended area designations for the 2012 primary annual 
PM2.5 NAAQS. The EPA based its intended 2012 primary annual 
PM2.5 NAAQS area designations on an evaluation of complete, 
certified, and quality-assured monitored air quality data for 2011-
2013, including an evaluation of exceptional event claims.\1\ States 
and tribes now have an opportunity to demonstrate why they believe an 
intended modification by the EPA may be inappropriate. The EPA

[[Page 51519]]

encourages states and tribes to provide comments and additional 
information for the EPA to consider before finalizing designations in 
December 2014.
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    \1\ Exceptional event claims influenced the EPA's intended 
designations for areas in the state of Hawaii and for Lemhi County, 
Idaho.
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    The purpose of this notice is to solicit public comments from 
interested parties other than states and tribes regarding the EPA's 
recent responses to the state and tribal designation recommendations 
for the 2012 primary annual PM2.5 NAAQS. These responses, 
and their supporting technical analyses, can be found on the EPA's 
Internet Web site at http://www.epa.gov/airquality/particlepollution/designations/2012standards/index.htm and also in the public docket for 
the 2012 primary annual PM2.5 designations at 
www.regulations.gov, Docket ID No. EPA-HQ-OAR-2012-0918. The EPA 
invites public comment on its responses to states and tribes during the 
30-day comment period provided by this notice. Although under CAA 
section 107(d) the EPA is not required to seek public comment during 
this designation process, the EPA is electing to do so for the 2012 
primary annual PM2.5 NAAQS to gather additional information 
for consideration before promulgating final designations. Due to the 
statutory timeframe for promulgating designations set out in CAA 
section 107(d), the EPA will not be able to consider any public 
comments submitted after September 29, 2014. This notice and 
opportunity for public comment does not affect any rights or 
obligations of the EPA, or any state or tribe, which might otherwise 
exist pursuant to CAA section 107(d).
    Please refer to the ADDRESSES section above in this document for 
specific instructions on submitting comments and locating relevant 
public documents.
    The EPA believes that the boundaries for each nonattainment area 
should be evaluated and determined on a case-by-case basis considering 
the specific facts and circumstances unique to the area. CAA section 
107(d) requires that the EPA designate as nonattainment not only any 
area that is violating the 2012 primary annual PM2.5 NAAQS, 
but also any nearby areas that contribute to the violation in the 
violating area. The EPA is particularly interested in receiving 
comments, supported by relevant information, if you believe that a 
specific geographic area that the EPA is proposing to identify as a 
nonattainment area should not be categorized by the section 107(d) 
criteria as nonattainment, or if you believe that a specific nearby 
area not proposed by the EPA to be identified as contributing to a 
nonattainment area should in fact be categorized as contributing to 
nonattainment using the section 107(d) criteria. Please be as specific 
as possible in supporting your views.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to provide your input by the comment period 
deadline identified in this notice.
    To date, the EPA has identified 14 areas that do not meet the 2012 
primary annual PM2.5 NAAQS, and intends to designate these 
areas as nonattainment--http://www.epa.gov/airquality/particlepollution/designations/2012standards/docs/20140819nonattainment.pdf. The EPA has also identified eight areas with 
ambient air quality monitoring sites that lack complete data for the 
relevant period--http://www.epa.gov/airquality/particlepollution/designations/2012standards/docs/20140819unclassifiablelist.pdf. 
Accordingly, because the EPA cannot determine based on available 
information whether or not these areas are meeting or not meeting the 
NAAQS, the EPA intends to designate these areas as ``unclassifiable.'' 
The EPA intends to designate all but five of the remaining areas of the 
country as ``unclassifiable/attainment.'' For the five remaining areas, 
which are located in the state of Georgia and 2 neighboring counties in 
the bordering states of Alabama and South Carolina, relevant 
information, including air quality monitoring data, are insufficient to 
promulgate a designation at this time--http://www.epa.gov/airquality/particlepollution/designations/2012standards/docs/20140819deferredlist.pdf. For these areas the EPA believes that an 
additional year of air quality monitoring data will result in complete 
and valid data sufficient to inform a designation determination. 
Accordingly, the EPA is extending the designation determination period 
for these five areas for up to 1 year under the authority of CAA 
section 107(d)(1)(B)(i). The EPA will assess supplementary data for 
these areas before promulgating initial designations by the statutory 
deadline of December 14, 2015.

II. Instructions for Submitting Public Comments

A. What should I consider as I prepare my comments for the EPA?

    1. Submitting Confidential Business Information. Do not submit this 
information to the EPA through www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be 
confidential business information. For confidential business 
information in a disk or CD-ROM that you mail to the EPA, mark the 
outside of the disk or CD-ROM as confidential business information and 
then identify electronically within the disk or CD-ROM the specific 
information that is claimed as confidential business information. In 
addition to one complete version of the comment that includes 
information claimed as confidential business information, a copy of the 
comment that does not contain the information claimed as confidential 
business information must be submitted for inclusion in the public 
docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2. Send or deliver 
information identified as confidential business information only to the 
following address: Roberto Morales, U.S. EPA, Office of Air Quality 
Planning and Standards, Mail Code C404-02, Research Triangle Park, NC 
27711, telephone 919-541-0880, email at morales.roberto@epa.gov, 
Attention Docket ID No. EPA-HQ-OAR-2012-0918.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the docket number and other identifying 
information (subject heading, Federal Register date and page number).
     Follow directions--the agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified in the DATES section above.

[[Page 51520]]

III. Internet Web Site for Rulemaking Information

    The EPA has also established a Web site for this rulemaking at 
http://www.epa.gov/airquality/particlepollution/designations/2012standards/index.htm. The Web site includes the state and tribal 
designation recommendations, information supporting the EPA's 
preliminary designation decisions, as well as the rulemaking actions 
and other related information that the public may find useful.

    Dated: August 20, 2014.
Mary Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2014-20641 Filed 8-28-14; 8:45 am]
BILLING CODE 6560-50-P