Determination of Attainment by the Attainment Date for the 2008 Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-Beaver Valley, 58435-58438 [2016-20313]
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0169; FRL–9951–28–
Region 5]
Air Plan Approval; Indiana; RACM
Determination for Indiana Portion of
the Cincinnati-Hamilton 1997 Annual
PM2.5 Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the reasonably available control
measures (RACM) and reasonably
available control technology (RACT)
analysis that Indiana submitted as part
of their earlier attainment plan for the
1997 fine particulate matter (PM2.5)
standard, in accordance with Indiana’s
request dated February 11, 2016. The
RACM/RACT analysis addresses RACM
and RACT for the Indiana portion of the
Cincinnati-Hamilton nonattainment area
for the 1997 PM2.5 standard. EPA is not
proposing to act on the portions of the
state implementation plan (SIP) revision
that are unrelated to RACM/RACT.
Other portions of the attainment plan
have either been addressed or will be
addressed in future rulemaking actions.
DATES: Comments must be received on
or before September 26, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0169 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
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SUMMARY:
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information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Joseph Ko, Environmental Engineer,
Attainment, Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7947,
ko.joseph@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Rules and Regulations 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 detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, 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.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules and Regulations section of
this Federal Register.
Dated: August 9, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016–20311 Filed 8–24–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0368; FRL–9951–26–
Region 3]
Determination of Attainment by the
Attainment Date for the 2008 Ozone
National Ambient Air Quality
Standards; Pennsylvania; PittsburghBeaver Valley
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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58435
The Environmental Protection
Agency (EPA) is proposing to determine
that the Pittsburgh-Beaver Valley,
Pennsylvania marginal ozone
nonattainment area (the Pittsburgh
Area) has attained the 2008 ozone
national ambient air quality standards
(NAAQS) by the July 20, 2016
attainment date. This proposed
determination is based on complete,
certified, and quality assured ambient
air quality monitoring data for the
Pittsburgh Area for the 2013–2015
monitoring period. This proposed
determination does not constitute a
redesignation to attainment. This action
is being taken under the Clean Air Act
(CAA).
SUMMARY:
Written comments must be
received on or before September 26,
2016.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0368 at https://
www.regulations.gov, or via email to
fernandez.cristina@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
I. Background
A. Statutory Requirement—
Determination of Attainment by the
Attainment Date
Section 181(b)(2) of the CAA requires
EPA to determine, within 6 months of
an ozone nonattainment area’s
attainment date, whether that area
attained the ozone standard by that date.
Section 181(b)(2) of the CAA also
requires that areas that have not attained
the standard by their attainment
deadlines be reclassified to either the
next higher classification (e.g., marginal
to moderate, moderate to serious, etc.)
or to the classifications applicable to the
areas’ design values in Table 1 of 40
CFR 51.1103. CAA section 181(a)(5)
provides a mechanism by which the
EPA Administrator may grant a 1-year
extension of an area’s attainment
deadline, provided that the relevant
states meet certain criteria.
B. The Pittsburgh Area and Its
Attainment Date
On July 18, 1997, EPA promulgated a
revised ozone NAAQS of 0.08 parts per
million (ppm), averaged over eight
hours. 62 FR 38855. This standard was
determined to be more protective of
public health than the previous 1979 1hour ozone standard. In 2008, EPA
revised the 8-hour ozone NAAQS from
0.08 to 0.075 ppm (the 2008 ozone
NAAQS). See 73 FR 16436 (March 27,
2008). In a May 21, 2012 final rule, the
Pittsburgh Area was designated as
marginal nonattainment for the more
stringent 2008 ozone NAAQS, effective
on July 20, 2012. 77 FR 30088. The
Pittsburgh Area consists of Allegheny,
Armstrong, Beaver, Butler, Fayette,
Washington, and Westmoreland
Counties in Pennsylvania. See 40 CFR
81.339.
In a separate rulemaking action, also
published on May 21, 2012 and effective
on July 20, 2012, EPA established the air
quality thresholds that define the
classifications assigned to all
nonattainment areas for the 2008 ozone
NAAQS (the Classifications Rule). 77 FR
30160. This rule also established
December 31 of each relevant calendar
year as the attainment date for all
nonattainment area classification
categories. Section 181 of the CAA
provides that the attainment deadline
for ozone nonattainment areas is ‘‘as
expeditiously as practicable’’ but no
later than the prescribed dates that are
provided in Table 1 of that section. In
the Classifications Rule, EPA translated
the deadlines in Table 1 of CAA section
181 for purposes of the 2008 standard
by measuring those deadlines from the
effective date of the new designations,
but extended those deadlines by several
months to December 31 of the
corresponding calendar year. Pursuant
to a challenge of EPA’s interpretation of
the attainment deadlines, on December
23, 2014, the United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) issued a decision
rejecting, among other things, the
Classifications Rule’s attainment
deadlines for the 2008 ozone
nonattainment areas, finding that EPA
did not have statutory authority under
the CAA to extend those deadlines to
the end of the calendar year. NRDC v.
EPA, 777 F.3d 456, 464–69 (D.C. Cir.
2014). Accordingly, as part of the final
SIP Requirements Rule for the 2008
ozone NAAQS (80 FR 12264, March 6,
2015), EPA modified the maximum
attainment dates for all nonattainment
areas for the 2008 ozone NAAQS,
consistent with the D.C. Circuit’s
decision. The State Implementation
Plan (SIP) Requirements Rule
established a maximum deadline for
marginal nonattainment areas of three
years from the effective date of
designation, or July 20, 2015, to attain
the 2008 ozone NAAQS. See 80 FR at
12268; 40 CFR 51.1103.
In a final rulemaking action published
on May 4, 2016, EPA determined that
the Pittsburgh Area did not attain the
2008 ozone NAAQS by its July 20, 2015
attainment date, based on ambient air
quality monitoring data for the 2012–
2014 monitoring period. In that same
action, EPA determined that the
Pittsburgh Area qualified for a 1-year
extension of its attainment date, as
provided in section 181(a)(5) of the CAA
and interpreted by regulation at 40 CFR
51.1107. The new attainment date for
the Pittsburgh Area is July 20, 2016. See
81 FR 26697 (May 4, 2016).
II. EPA’s Analysis of the Relevant Air
Quality Data
Under EPA regulations at 40 CFR part
50, appendix P, the 2008 ozone NAAQS
is attained at a monitoring site when the
three-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone concentration
is less than or equal to 0.075 ppm. This
three-year average is referred to as the
design value. When the design value is
less than or equal to 0.075 ppm at each
ambient air quality monitoring site
within the area, then the area is deemed
to be meeting the NAAQS. The
rounding convention under 40 CFR part
50, appendix P dictates that
concentrations shall be reported in ppm
to the third decimal place, with
additional digits to the right being
truncated. Thus, a computed three-year
average ozone concentration of 0.0759
ppm or lower would meet the standard,
but 0.0760 ppm or higher is over the
standard.
EPA’s determination of attainment is
based upon data that has been collected
and quality-assured in accordance with
40 CFR part 58 and recorded in EPA’s
Air Quality System (AQS) database.
Ambient air quality monitoring data for
the three-year period must meet a data
completeness requirement. The ambient
air quality monitoring data
completeness requirement is met when
the three-year average of the percent (%)
of required monitoring days with valid
ambient monitoring data is greater than
90%, and no single year has less than
75% data completeness, as determined
according to appendix P of part 50.
Tables 1 and 2 show the data
completeness and ozone design values,
respectively, for each monitor in the
Pittsburgh Area for the years 2013–2015.
TABLE 1—2013–2015 PITTSBURGH AREA OZONE MONITOR DATA COMPLETENESS
County
Site ID
Percent data completeness
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2013
Allegheny ...........................
2013–2015 average percent
completeness
2014
2015
98
100
99
100
........................
99
95
........................
100
98
........................
........................
33
420031008
VerDate Sep<11>2014
420030008
420030010
420030067
420031005
Armstrong ..........................
Beaver ................................
........................
100
93
64
420050001
420070002
95
98
100
96
100
97
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98
33
99
Site shut down in 2013.a
97
Site started 2014.b
98
97
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
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TABLE 1—2013–2015 PITTSBURGH AREA OZONE MONITOR DATA COMPLETENESS—Continued
Washington ........................
Westmoreland ....................
420070005
420070014
421250005
421250200
421255001
421255200
421290006
421290008
96
89
98
98
100
99
98
97
95
99
100
98
98
99
38
99
93
94
97
100
94
........................
........................
97
95
94
98
98
97
66
45
98
Site shut down in 2015.a
Site shut down in July 2014.a
Notes:
a The monitoring site shutdowns and startups are included in the Pennsylvania Department of the Environment’s (PADEP’s) July 2014 Annual
Network Plan. PADEP submitted the monitoring plan to EPA on June 27, 2014, and EPA approved it on November 21, 2014.
b The ozone monitor at monitoring site 420031005 was moved to monitoring site 420031008 in February 2014. The new location is about one
quarter of a mile away from the previous location, and is at a similar elevation. The data from these sites will be combined to calculate a valid design value. This monitor move was included in the Allegheny County Health Department’s (ACHD’s) July 2014 monitoring plan, which ACHD submitted to EPA on July 1, 2014, and which EPA approved on November 21, 2014.
As shown in Table 1, several
monitoring sites do not meet the
completeness criteria set out in 40 CFR
part 50, appendix P. However, the
reasons for the completeness issues
were either monitor shutdowns or
startup, approved into PADEP’s and
ACHD’s monitoring plans. Because
three years of complete data is not
possible at these monitoring sites, EPA
does not look for valid design values at
these sites. However, the circumstances
are different for monitoring sites
420031005 and 420031008. The ozone
monitor was moved from monitoring
site 420031005 to monitoring site
420031008. These sites are within 0.25
miles of each other, and are at similar
elevations. Therefore, EPA is able to
consider the data at both monitoring
sites as representing the same area, and
can combine the data for these two
locations to calculate a valid design
value. When data from both locations is
considered, the three-year average
completeness is 97%.
TABLE 2—2013–2015 PITTSBURGH AREA 2008 OZONE DESIGN VALUES
4th highest daily maximum
2013
County
2014
2015
2013–2015
Design value
(ppm)
0.070
0.075
0.066
0.076
........................
0.078
0.072
0.072
0.066
0.064
0.067
0.071
0.063
0.067
0.070
0.065
........................
0.065
0.042
0.071
0.068
0.069
0.070
0.066
0.065
0.064
0.064
0.062
0.053
0.064
0.071
........................
0.068
........................
0.074
0.070
0.070
0.067
0.063
0.072
0.069
0.071
0.045
........................
0.069
0.068
........................
0.066
0.073
........................
0.072
0.070
0.069
0.065
0.067
0.066
0.068
........................
........................
0.067
Site ID
Allegheny .............................................................................
Armstrong .............................................................................
Beaver ..................................................................................
Washington ..........................................................................
Westmoreland ......................................................................
420030008
420030010
420030067
420031005
420031008
420050001
420070002
420070005
420070014
421250005
421250200
421255001
421255200
421290006
421290008
Note: Only valid design values for monitors meeting the completeness criteria are shown.
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Consistent with the requirements
contained in 40 CFR part 50, EPA has
reviewed the ozone ambient air quality
monitoring data for the monitoring
period from 2013 through 2015 for the
Pittsburgh Area, as recorded in the AQS
database. As shown in Table 2, all valid
2013–2015 design values are less than
or equal to 0.075 ppm. Therefore, the
Pittsburgh Area has attained the 2008
ozone NAAQS, considering 2013–2015
data.
III. Proposed Action
EPA evaluated ozone data from air
quality monitors in the Pittsburgh Area
in order to determine the area’s
attainment status under the 2008 ozone
NAAQS. State and local agencies
responsible for ozone air monitoring
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networks supplied and quality assured
the data. All the monitoring sites with
valid data had design values equal to or
less than 0.075 ppm based on the 2013–
2015 monitoring period. Considering
that review, EPA has concluded that
this area attained the 2008 ozone
NAAQS based on complete, quality
assured and certified data for the 2013–
2015 ozone seasons. Thus, EPA
proposes to determine, in accordance
with its statutory obligations under
section 181(b)(2)(A) of the CAA and the
provisions of the SIP Requirements Rule
(40 CFR 51.1103), that the Pittsburgh
Area attained the 2008 ozone NAAQS
by the applicable attainment date of July
20, 2016.
This proposed determination of
attainment does not constitute a
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redesignation to attainment.
Redesignations require states to meet a
number of additional criteria, including
EPA approval of a state plan to maintain
the air quality standard for 10 years after
redesignation. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
This rulemaking action proposes to
make a determination of attainment on
the 2008 ozone NAAQS based on air
quality and, if finalized, would not
impose additional requirements. For
that reason, this proposed determination
of attainment:
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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
• 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,
proposing to determine that the
Pittsburgh Area attained the 2008 ozone
NAAQS by its July 20, 2016 attainment
date, does not have tribal implications
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000),
because this proposed determination of
attainment does 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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Incorporation
by reference, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016–20313 Filed 8–24–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2013–0145; FRL–9951–30–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; North
Dakota; Revisions to Air Pollution
Control Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
State Implementation Plan (SIP)
revisions submitted by the State of
North Dakota on January 28, 2013 and
April 22, 2014. The revisions are to
Article 33–15 ‘‘Air Pollution Control’’
rules of the North Dakota
Administrative Code. The revisions
include amendments to update the
Prevention of Significant Deterioration
(PSD) rules and the definition of
‘‘volatile organic compounds’’; to add
particulate matter less than 2.5 microns
in diameter (PM2.5) methods of
measurement; to modify the PM2.5 state
ambient air quality standard,
permissible open burning rule, and
permit fee processes; and, to remove
permitting fees for sources that operate
an air monitoring site. The revisions
also make clarifying changes. This
action is being taken under section 110
of the Clean Air Act (CAA).
DATES: Written comments must be
received on or before September 26,
2016.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2013–0145 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.,) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
ADDRESSES:
PO 00000
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EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at
all possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6252,
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my
comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI to
the EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information on a disk or CD–ROM that
you mail to the EPA, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
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.
2. Tips for preparing your comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
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]]>Agencies
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Pages 58435-58438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20313]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0368; FRL-9951-26-Region 3]
Determination of Attainment by the Attainment Date for the 2008
Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-
Beaver Valley
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Pittsburgh-Beaver Valley, Pennsylvania marginal
ozone nonattainment area (the Pittsburgh Area) has attained the 2008
ozone national ambient air quality standards (NAAQS) by the July 20,
2016 attainment date. This proposed determination is based on complete,
certified, and quality assured ambient air quality monitoring data for
the Pittsburgh Area for the 2013-2015 monitoring period. This proposed
determination does not constitute a redesignation to attainment. This
action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 26,
2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0368 at https://www.regulations.gov, or via email to
fernandez.cristina@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 58436]]
I. Background
A. Statutory Requirement--Determination of Attainment by the Attainment
Date
Section 181(b)(2) of the CAA requires EPA to determine, within 6
months of an ozone nonattainment area's attainment date, whether that
area attained the ozone standard by that date. Section 181(b)(2) of the
CAA also requires that areas that have not attained the standard by
their attainment deadlines be reclassified to either the next higher
classification (e.g., marginal to moderate, moderate to serious, etc.)
or to the classifications applicable to the areas' design values in
Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism
by which the EPA Administrator may grant a 1-year extension of an
area's attainment deadline, provided that the relevant states meet
certain criteria.
B. The Pittsburgh Area and Its Attainment Date
On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08
parts per million (ppm), averaged over eight hours. 62 FR 38855. This
standard was determined to be more protective of public health than the
previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR
16436 (March 27, 2008). In a May 21, 2012 final rule, the Pittsburgh
Area was designated as marginal nonattainment for the more stringent
2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088. The
Pittsburgh Area consists of Allegheny, Armstrong, Beaver, Butler,
Fayette, Washington, and Westmoreland Counties in Pennsylvania. See 40
CFR 81.339.
In a separate rulemaking action, also published on May 21, 2012 and
effective on July 20, 2012, EPA established the air quality thresholds
that define the classifications assigned to all nonattainment areas for
the 2008 ozone NAAQS (the Classifications Rule). 77 FR 30160. This rule
also established December 31 of each relevant calendar year as the
attainment date for all nonattainment area classification categories.
Section 181 of the CAA provides that the attainment deadline for ozone
nonattainment areas is ``as expeditiously as practicable'' but no later
than the prescribed dates that are provided in Table 1 of that section.
In the Classifications Rule, EPA translated the deadlines in Table 1 of
CAA section 181 for purposes of the 2008 standard by measuring those
deadlines from the effective date of the new designations, but extended
those deadlines by several months to December 31 of the corresponding
calendar year. Pursuant to a challenge of EPA's interpretation of the
attainment deadlines, on December 23, 2014, the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) issued a
decision rejecting, among other things, the Classifications Rule's
attainment deadlines for the 2008 ozone nonattainment areas, finding
that EPA did not have statutory authority under the CAA to extend those
deadlines to the end of the calendar year. NRDC v. EPA, 777 F.3d 456,
464-69 (D.C. Cir. 2014). Accordingly, as part of the final SIP
Requirements Rule for the 2008 ozone NAAQS (80 FR 12264, March 6,
2015), EPA modified the maximum attainment dates for all nonattainment
areas for the 2008 ozone NAAQS, consistent with the D.C. Circuit's
decision. The State Implementation Plan (SIP) Requirements Rule
established a maximum deadline for marginal nonattainment areas of
three years from the effective date of designation, or July 20, 2015,
to attain the 2008 ozone NAAQS. See 80 FR at 12268; 40 CFR 51.1103.
In a final rulemaking action published on May 4, 2016, EPA
determined that the Pittsburgh Area did not attain the 2008 ozone NAAQS
by its July 20, 2015 attainment date, based on ambient air quality
monitoring data for the 2012-2014 monitoring period. In that same
action, EPA determined that the Pittsburgh Area qualified for a 1-year
extension of its attainment date, as provided in section 181(a)(5) of
the CAA and interpreted by regulation at 40 CFR 51.1107. The new
attainment date for the Pittsburgh Area is July 20, 2016. See 81 FR
26697 (May 4, 2016).
II. EPA's Analysis of the Relevant Air Quality Data
Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone
NAAQS is attained at a monitoring site when the three-year average of
the annual fourth highest daily maximum 8-hour average ambient air
quality ozone concentration is less than or equal to 0.075 ppm. This
three-year average is referred to as the design value. When the design
value is less than or equal to 0.075 ppm at each ambient air quality
monitoring site within the area, then the area is deemed to be meeting
the NAAQS. The rounding convention under 40 CFR part 50, appendix P
dictates that concentrations shall be reported in ppm to the third
decimal place, with additional digits to the right being truncated.
Thus, a computed three-year average ozone concentration of 0.0759 ppm
or lower would meet the standard, but 0.0760 ppm or higher is over the
standard.
EPA's determination of attainment is based upon data that has been
collected and quality-assured in accordance with 40 CFR part 58 and
recorded in EPA's Air Quality System (AQS) database. Ambient air
quality monitoring data for the three-year period must meet a data
completeness requirement. The ambient air quality monitoring data
completeness requirement is met when the three-year average of the
percent (%) of required monitoring days with valid ambient monitoring
data is greater than 90%, and no single year has less than 75% data
completeness, as determined according to appendix P of part 50. Tables
1 and 2 show the data completeness and ozone design values,
respectively, for each monitor in the Pittsburgh Area for the years
2013-2015.
Table 1--2013-2015 Pittsburgh Area Ozone Monitor Data Completeness
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
County Site ID Percent data completeness
2013-2015 average percent Comment
completeness
------------------------------------------------
2013 2014 2015
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Allegheny.................................... 420030008 98 100 95 98
420030010 100 .............. .............. 33 Site shut down in 2013.\a\
420030067 99 99 100 99
--------------------------------
420031005 98 .............. .............. 33 97 Site shut down in 2013.\b\
420031008 .............. 100 93 64 Site started 2014.\b\
--------------------------------
Armstrong.................................... 420050001 95 100 100 98
Beaver....................................... 420070002 98 96 97 97
[[Page 58437]]
420070005 96 95 93 95
420070014 89 99 94 94
Washington................................... 421250005 98 100 97 98
421250200 98 98 100 98
421255001 100 98 94 97
421255200 99 99 .............. 66 Site shut down in 2015.\a\
Westmoreland................................. 421290006 98 38 .............. 45 Site shut down in July 2014.\a\
421290008 97 99 97 98
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ The monitoring site shutdowns and startups are included in the Pennsylvania Department of the Environment's (PADEP's) July 2014 Annual Network Plan. PADEP submitted the monitoring plan to
EPA on June 27, 2014, and EPA approved it on November 21, 2014.
\b\ The ozone monitor at monitoring site 420031005 was moved to monitoring site 420031008 in February 2014. The new location is about one quarter of a mile away from the previous location, and
is at a similar elevation. The data from these sites will be combined to calculate a valid design value. This monitor move was included in the Allegheny County Health Department's (ACHD's)
July 2014 monitoring plan, which ACHD submitted to EPA on July 1, 2014, and which EPA approved on November 21, 2014.
As shown in Table 1, several monitoring sites do not meet the
completeness criteria set out in 40 CFR part 50, appendix P. However,
the reasons for the completeness issues were either monitor shutdowns
or startup, approved into PADEP's and ACHD's monitoring plans. Because
three years of complete data is not possible at these monitoring sites,
EPA does not look for valid design values at these sites. However, the
circumstances are different for monitoring sites 420031005 and
420031008. The ozone monitor was moved from monitoring site 420031005
to monitoring site 420031008. These sites are within 0.25 miles of each
other, and are at similar elevations. Therefore, EPA is able to
consider the data at both monitoring sites as representing the same
area, and can combine the data for these two locations to calculate a
valid design value. When data from both locations is considered, the
three-year average completeness is 97%.
Table 2--2013-2015 Pittsburgh Area 2008 Ozone Design Values
----------------------------------------------------------------------------------------------------------------
4th highest daily maximum 2013-2015
County Site ID ------------------------------------------------ Design value
2013 2014 2015 (ppm)
----------------------------------------------------------------------------------------------------------------
Allegheny....................... 420030008 0.070 0.065 0.071 0.068
420030010 0.075 .............. .............. ..............
420030067 0.066 0.065 0.068 0.066
420031005 0.076 0.042 .............. 0.073
420031008 .............. 0.071 0.074 ..............
Armstrong....................... 420050001 0.078 0.068 0.070 0.072
Beaver.......................... 420070002 0.072 0.069 0.070 0.070
420070005 0.072 0.070 0.067 0.069
420070014 0.066 0.066 0.063 0.065
Washington...................... 421250005 0.064 0.065 0.072 0.067
421250200 0.067 0.064 0.069 0.066
421255001 0.071 0.064 0.071 0.068
421255200 0.063 0.062 0.045 ..............
Westmoreland.................... 421290006 0.067 0.053 .............. ..............
421290008 0.070 0.064 0.069 0.067
----------------------------------------------------------------------------------------------------------------
Note: Only valid design values for monitors meeting the completeness criteria are shown.
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the ozone ambient air quality monitoring data for the
monitoring period from 2013 through 2015 for the Pittsburgh Area, as
recorded in the AQS database. As shown in Table 2, all valid 2013-2015
design values are less than or equal to 0.075 ppm. Therefore, the
Pittsburgh Area has attained the 2008 ozone NAAQS, considering 2013-
2015 data.
III. Proposed Action
EPA evaluated ozone data from air quality monitors in the
Pittsburgh Area in order to determine the area's attainment status
under the 2008 ozone NAAQS. State and local agencies responsible for
ozone air monitoring networks supplied and quality assured the data.
All the monitoring sites with valid data had design values equal to or
less than 0.075 ppm based on the 2013-2015 monitoring period.
Considering that review, EPA has concluded that this area attained the
2008 ozone NAAQS based on complete, quality assured and certified data
for the 2013-2015 ozone seasons. Thus, EPA proposes to determine, in
accordance with its statutory obligations under section 181(b)(2)(A) of
the CAA and the provisions of the SIP Requirements Rule (40 CFR
51.1103), that the Pittsburgh Area attained the 2008 ozone NAAQS by the
applicable attainment date of July 20, 2016.
This proposed determination of attainment does not constitute a
redesignation to attainment. Redesignations require states to meet a
number of additional criteria, including EPA approval of a state plan
to maintain the air quality standard for 10 years after redesignation.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
This rulemaking action proposes to make a determination of
attainment on the 2008 ozone NAAQS based on air quality and, if
finalized, would not impose additional requirements. For that reason,
this proposed determination of attainment:
[[Page 58438]]
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, proposing to determine that the
Pittsburgh Area attained the 2008 ozone NAAQS by its July 20, 2016
attainment date, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because this
proposed determination of attainment does 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,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-20313 Filed 8-24-16; 8:45 am]
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