Determination of Attainment by the Attainment Date for the 2008 Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-Beaver Valley, 87819-87820 [2016-29118]
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
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 February 6, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action 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, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements and Sulfur
oxides.
Dated: November 21, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2010
1-hour SO2 National Ambient Air
Quality Standard’’ at the end of the table
to read as follows:
■
§ 52.920
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
87819
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable
geographic or
nonattainment
area
State submittal
date/effective
date
*
*
*
110(a)(1) and (2) InfrastrucKentucky ...........
ture Requirements for the
2010 1-hour SO2 NAAQS.
[FR Doc. 2016–29115 Filed 12–5–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0368; FRL–9955–91–
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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making a final
determination that the PittsburghBeaver Valley, Pennsylvania marginal
ozone nonattainment area (the
Pittsburgh Area) has attained the 2008
8-hour ozone national ambient air
quality standards (the 2008 ozone
NAAQS) by the July 20, 2016 attainment
date. This 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 determination
does not constitute a redesignation to
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:27 Dec 05, 2016
Jkt 241001
EPA approval
date
*
04/26/2013
12/6/2016
Explanations
*
*
*
With the exception of the minor source program requirements of section 110(a)(2)(C) and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II)
(prongs 1, 2, and 4).
attainment. This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
January 5, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0368. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 25, 2016 (81 FR 58435),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed to determine, in
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
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.
II. EPA’s Evaluation
Consistent with the requirements
contained in 40 CFR part 50, EPA
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. State and local agencies
responsible for ozone air monitoring
networks supplied and quality assured
the data. EPA determined that the
monitoring sites with valid data had
design values equal to or less than 0.075
ppm based on the 2013–2015
monitoring period. Therefore, the
Pittsburgh Area attained the 2008 ozone
NAAQS.
Other specific requirements of this
determination of attainment by the
attainment date and the rationale for
EPA’s action are explained in the NPR
and will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is making a final determination,
in accordance with its statutory
E:\FR\FM\06DER1.SGM
06DER1
87820
Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
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
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.
mstockstill on DSK3G9T082PROD with RULES
IV. Statutory and Executive Order
Reviews
A. General Requirements
This rulemaking action finalizes a
determination of attainment on the 2008
ozone NAAQS based on air quality and
does not impose additional
requirements. For that reason, this
determination of attainment:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
VerDate Sep<11>2014
16:27 Dec 05, 2016
Jkt 241001
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).
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2056, paragraph (n) is added
to read as follows:
■
§ 52.2056
Determinations of attainment.
*
*
*
*
*
(n) EPA has determined based on
2013 to 2015 ambient air quality
monitoring data, that the PittsburghBeaver Valley, Pennsylvania marginal
ozone nonattainment area has attained
the 2008 8-hour ozone national ambient
air quality standard (NAAQS) by the
applicable attainment date of July 20,
2016. 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 2008
8-hour ozone NAAQS. EPA also
determined that the Pittsburgh-Beaver
Valley, Pennsylvania marginal
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date pursuant to
section 181(b)(2)(A).
[FR Doc. 2016–29118 Filed 12–5–16; 8:45 am]
BILLING CODE 6560–50–P
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 February 6, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action determining that the
Pittsburgh Area attained the 2008 ozone
NAAQS by its July 20, 2016 attainment
date may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Incorporation
by reference, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: November 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[FRL–9955–13–Region 1]
Ocean Disposal; Designation of a
Dredged Material Disposal Site in
Eastern Region of Long Island Sound;
Connecticut
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
With the publication of this
Final Rule, the Environmental
Protection Agency (EPA) is designating
the Eastern Long Island Sound Disposal
Site (ELDS), located offshore from New
London, Connecticut, for the disposal of
dredged material from harbors and
navigation channels in eastern Long
Island Sound and Little Narragansett
Bay in the states of Connecticut, New
York, and Rhode Island. This action is
necessary to provide a long-term, openwater dredged material disposal site as
an alternative for the possible future
disposal of such material. This disposal
site designation is subject to restrictions
designed to support the goal of reducing
or eliminating the disposal of dredged
material in Long Island Sound.
The basis for this action is described
herein and in the Final Supplemental
Environmental Impact Statement
SUMMARY:
E:\FR\FM\06DER1.SGM
06DER1
]]>Agencies
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87819-87820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29118]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0368; FRL-9955-91-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making a final
determination that the Pittsburgh-Beaver Valley, Pennsylvania marginal
ozone nonattainment area (the Pittsburgh Area) has attained the 2008 8-
hour ozone national ambient air quality standards (the 2008 ozone
NAAQS) by the July 20, 2016 attainment date. This 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 determination does not constitute a redesignation to
attainment. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on January 5, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0368. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 25, 2016 (81 FR 58435), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the
NPR, EPA proposed 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.
II. EPA's Evaluation
Consistent with the requirements contained in 40 CFR part 50, EPA
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. State and local agencies responsible for
ozone air monitoring networks supplied and quality assured the data.
EPA determined that the monitoring sites with valid data had design
values equal to or less than 0.075 ppm based on the 2013-2015
monitoring period. Therefore, the Pittsburgh Area attained the 2008
ozone NAAQS.
Other specific requirements of this determination of attainment by
the attainment date and the rationale for EPA's action are explained in
the NPR and will not be restated here. No public comments were received
on the NPR.
III. Final Action
EPA is making a final determination, in accordance with its
statutory
[[Page 87820]]
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 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
This rulemaking action finalizes a determination of attainment on
the 2008 ozone NAAQS based on air quality and does not impose
additional requirements. For that reason, this determination of
attainment:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 February 6, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
This action determining that the Pittsburgh Area attained the 2008
ozone NAAQS by its July 20, 2016 attainment date may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: November 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2056, paragraph (n) is added to read as follows:
Sec. 52.2056 Determinations of attainment.
* * * * *
(n) EPA has determined based on 2013 to 2015 ambient air quality
monitoring data, that the Pittsburgh-Beaver Valley, Pennsylvania
marginal ozone nonattainment area has attained the 2008 8-hour ozone
national ambient air quality standard (NAAQS) by the applicable
attainment date of July 20, 2016. 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 2008 8-hour ozone NAAQS. EPA also determined that the
Pittsburgh-Beaver Valley, Pennsylvania marginal nonattainment area will
not be reclassified for failure to attain by its applicable attainment
date pursuant to section 181(b)(2)(A).
[FR Doc. 2016-29118 Filed 12-5-16; 8:45 am]
BILLING CODE 6560-50-P
