Determination of Attainment by the Attainment Date for the 2012 Annual Fine Particulate Matter Standard; Pennsylvania; Allegheny County Nonattainment Area, 8249-8253 [2023-02682]
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[FR Doc. 2023–02601 Filed 2–7–23; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0307; FRL10636–01–
R3]
Determination of Attainment by the
Attainment Date for the 2012 Annual
Fine Particulate Matter Standard;
Pennsylvania; Allegheny County
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Allegheny County,
Pennsylvania nonattainment area (NAA)
has attained the 2012 annual fine
particulate matter (PM2.5 or fine
particulate matter) national ambient air
quality standard (NAAQS) by the
December 31, 2021 attainment date
applicable to Moderate NAAs. This
determination is based upon qualityassured, quality-controlled, and
certified ambient air monitoring data for
the 2019–2021 period available in EPA’s
Air Quality Monitoring (AMS) database.
The determination is based upon the
three-year average of annual mean PM2.5
concentrations for each eligible
monitoring site being less than or equal
to the level of the annual NAAQS of 12
micrograms per cubic meter (mg/m3).
This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 10, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2021–0307 at
www.regulations.gov, or via email to
gordon.mike@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
SUMMARY:
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8249
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
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center—
1600 JFK Blvd., Philadelphia, PA 19103.
The telephone number is (215) 814–
2176. Mr. Rehn can also be reached via
electronic mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
A. The 2012 Annual PM2.5 National
Ambient Air Quality Standard
B. Clean Air Act Requirements for PM2.5
Nonattainment Areas
C. Allegheny County Designation for the
2012 PM2.5 NAAQS
II. Evaluation of Attainment Determination
A. Applicable Statutory and Regulatory
Provisions for Determination of
Attainment
B. Monitoring Network Review, Data
Quality Assurance, and Data
Completeness
C. EPA Evaluation of Attainment
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. The 2012 Annual PM2.5 National
Ambient Air Quality Standard
Under section 109 of the Clean Air
Act, EPA has established NAAQS for
certain pervasive air pollutants (referred
to as criteria pollutants) and conducts
periodic reviews of the NAAQS to
determine whether they should be
revised or whether new NAAQS should
be established. EPA established these
standards after considering substantial
evidence from numerous health studies
demonstrating that serious adverse
health effects are associated with
exposures to these criteria pollutants.1
Particulate matter includes particles
with diameters that are generally 2.5
microns or smaller (PM2.5), and particles
with diameters that are generally 10
1 For a given air pollutant, ‘‘primary’’ NAAQS are
those determined by EPA as requisite to protect the
public health, allowing an adequate margin of
safety, and ‘‘secondary’’ standards are those
determined by EPA as requisite to protect the
public welfare from any known or anticipated
adverse effects associated with the presence of such
air pollutant in the ambient air. See CAA section
109(b).
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microns or smaller (PM10). PM2.5 can be
emitted by sources directly into the
atmosphere as a solid or liquid particle
(primary PM2.5 or direct PM2.5) or can be
formed in the atmosphere (secondary
PM2.5) as a result of various chemical
reactions among precursor pollutants
such as nitrogen oxides (NOX), sulfur
dioxide (SO2), volatile organic
compounds (VOC), and ammonia
(NH3).2
On July 18, 1997, EPA first
established annual and 24-hour NAAQS
for PM2.5.3 EPA set the annual primary
and secondary standards to 15.0
micrograms per cubic meter (mg/m3),
based on a 3-year average of annual
mean PM2.5 concentrations. On January
15th, 2013, in order to provide
increased protection of public health,
EPA promulgated a more stringent
annual PM2.5 NAAQS, revising the
primary standard to 12.0 mg/m3, based
on a 3-year average of annual mean
PM2.5 concentrations—while retaining
the secondary standard at 15.0 mg/m3.4
B. Clean Air Act Requirements for PM2.5
Nonattainment Areas
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The CAA requires states to develop a
SIP that provides generally for the
attainment, maintenance, and
enforcement of the NAAQS. In addition,
the CAA requires states to make a plan
submittal to address nonattainment
planning requirements of the CAA. This
plan SIP submittal (also referred to as an
attainment plan) imposes additional
controls for purposes of attaining the
PM2.5 NAAQS to achieve reductions of
PM2.5 and PM2.5 precursor emissions.
The general CAA part D
nonattainment area planning
requirements are found in subpart 1 and
the specific nonattainment area
planning requirements for particulate
matter are found in subpart 4. The
subpart 1 statutory requirements for
attainment plans include the following:
section 172(c)(1) requirements for
reasonably available control measures
(RACM)/reasonably available control
technology (RACT) and attainment
demonstrations; the section 172(c)(2)
requirement to demonstrate reasonable
further progress (RFP); the section
172(c)(3) requirement for emissions
inventories; the section 172(c)(5)
requirements for a nonattainment new
2 80
FR 15340, 15342 (March 23, 2015).
FR 38652 (July 18, 1997). In October 2006,
EPA lowered the 24-hour NAAQS for PM2.5 from 65
micrograms per cubic meter (mg/m3) to 35 mg/m3. 71
FR 61144 (October 17, 2006).
4 78 FR 3086 (January 15, 2013) and 40 CFR
50.18. Unless otherwise noted, all references to the
PM2.5 NAAQS in this document refer to the 2012
annual NAAQS of 12.0 mg/m3, codified at 40 CFR
50.18.
3 62
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source review (NNSR) permitting
program; and the section 172(c)(9)
requirement for contingency measures.
The more specific subpart 4 statutory
requirements for Moderate PM2.5
nonattainment areas include the
following: the CAA section 189(a)(1)(A)
NNSR permit program requirements; the
section 189(a)(1)(B) requirements for
attainment demonstrations; the section
189(a)(1)(C) requirements for RACM; the
section 189(c) requirements for RFP and
quantitative milestones; and the section
189(e) requirement for controls on
sources of particulate matter precursors.
Under CAA subpart 4, section
188(c)(1) establishes that states with
Moderate PM2.5 nonattainment areas
must provide for attainment in the area
as expeditiously as practicable, but no
later than the end of the sixth calendar
year after designation. For the 2012
PM2.5 annual NAAQS, this date is
December 31, 2021.5 In addition, under
subpart 4, direct PM2.5 and all
precursors to the formation of PM2.5 are
subject to control unless EPA approves
a demonstration from the state
establishing that a given precursor does
not contribute significantly to PM2.5
levels that exceed the PM2.5 NAAQS in
the area.6
To implement the PM2.5 NAAQS, EPA
has promulgated the ‘‘Fine Particle
Matter National Ambient Air Quality
Standard: State Implementation Plan
Requirements; Final Rule’’ (also referred
to as the PM2.5 Implementation Rule).7
The PM2.5 Implementation Rule
provides additional regulatory
requirements and guidance applicable
to attainment plan submittals for the
PM2.5 NAAQS, including the 2012
annual PM2.5 NAAQS at issue in this
action.
C. Allegheny County Designation for the
2012 PM2.5 NAAQS
Following promulgation of a new or
revised NAAQS, EPA is required under
CAA section 107(d) to designate regions
throughout the nation as attaining or not
attaining these NAAQS. Those regions
found not to be attaining the NAAQS
are also given a classification that
describes the degree of nonattainment.
Under subpart 4 of part D of title I of
the CAA, EPA designates areas found to
be violating the PM2.5 NAAQS, and
areas that contribute to such violations,
as nonattainment and classifies them
initially as Moderate nonattainment
areas.
Effective April 15, 2015, EPA
designated Allegheny County,
Pennsylvania, as a Moderate
nonattainment area (Allegheny County
Nonattainment Area) for the 2012 PM2.5
annual NAAQS based on ambient
monitoring data that showed the area
was above the 12.0 mg/m3 primary
standard for the 3-year 2011–2013
monitoring period, based on the area’s
design value.8 A design value (DV) is
the 3-year average NAAQS metric that is
compared to the NAAQS level to
determine when a monitoring site meets
or does not meet the NAAQS. The
specific methodologies for calculating
whether the annual PM2.5 NAAQS is
met at each eligible monitoring site in
an area are found in the Code of Federal
Regulations (CFR), at 40 CFR part 50,
Appendix N, section 4.1.
II. Evaluation of Attainment
Determination
A. Applicable Statutory and Regulatory
Provisions for Determination of
Attainment
Sections 179(c)(1) and 188(b)(2) of the
CAA require EPA to determine whether
a PM2.5 nonattainment area attained by
the applicable attainment date, based on
the area’s air quality ‘‘as of the
attainment date.’’ Generally, this
determination of whether an area’s air
quality meets the PM2.5 NAAQS is based
upon the most recent three years of
complete, certified data gathered at
eligible monitoring sites in accordance
with 40 CFR part 58.9 The requirements
of 40 CFR part 58 include quality
assurance procedures for monitor
operation and data handling, siting
parameters for instruments or
instrument probes, and minimum
ambient air quality monitoring network
requirements. State, local, or tribal
agencies operating air monitoring sites,
in accordance with 40 CFR part 58,
must enter the ambient air quality data
and associated quality assurance data
from these sites into EPA’s Air Quality
System (AQS) database.10 These
monitoring agencies certify annually
that these data are accurate to the best
of their knowledge, taking into
consideration the quality assurance
findings.11 Accordingly, EPA relies
primarily on AQS data when
determining the attainment status of an
area. In determining whether data are
suitable for regulatory determinations,
EPA uses a ‘‘weight of evidence’’
approach, considering the requirements
of 40 CFR part 58, Appendix A ‘‘in
combination with other data quality
8 80
FR 2206 (January 15, 2015).
CFR part 50, Appendix N, section 3.0.
10 40 CFR 58.16. AQS is EPA’s national repository
of ambient air quality data.
11 40 CFR 58.15(a).
9 40
5 40
CFR 51.1004(a)(1).
CFR 51.1006 and 40 CFR 51.1009.
7 81 FR 58010 (August 24, 2016).
6 40
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information, reports, and similar
documentation that demonstrate overall
compliance with Part 58.’’ 12
The 2012 primary annual PM2.5
standard is met when the 3-year average
of the annual arithmetic mean
concentration, as determined in
accordance with 40 CFR part 50
Appendix N, is less than or equal to
12.0 mg/m3 at each eligible monitoring
site.13 For the annual PM2.5 standard,
eligible monitoring sites are those
monitoring stations that meet the
criteria specified in 40 CFR 58.11 and
58.30, and thus are approved for
comparison to the annual PM2.5
NAAQS.14 Three years of valid annual
means are required to produce a valid
annual PM2.5 NAAQS design value.15
Data completeness requirements for a
given year are met when at least 75
percent of the scheduled sampling days
for each quarter have valid data.16
B. Monitoring Network Review, Data
Quality Assurance, and Data
Completeness
including minimum monitoring
requirements.18
In accordance with 40 CFR 58.15,
ACHD certifies annually that the
previous year’s ambient concentration
and quality assurance data are
completely submitted to AQS and that
the ambient concentration data are
accurate, taking into consideration the
quality assurance findings.19
By a letter to EPA dated April 12,
2022, ACHD certified its 2021 ambient
air quality monitoring data. EPA issued
final 2019–2021 design values on May
25, 2022.20 There are nine PM2.5 eligible
Federal Reference Method (FRM) or
Federal Equivalent Method (FEM)
monitoring sites in the Allegheny
County PM2.5 nonattainment area. Table
1 in this document shows the Allegheny
County Area design values for the 2012
annual PM2.5 NAAQS for the years
2019–2021 at these nine area monitoring
sites.
The Allegheny County Health
Department (ACHD) is the governmental
agency with the primary authority and
responsibility under the
Commonwealth’s laws for collecting
ambient air quality data for the
Allegheny County PM2.5 nonattainment
area. ACHD submits annual monitoring
network plans to EPA documenting the
status of the Allegheny County air
monitoring network, as required under
40 CFR 58.10.17 EPA reviews these
annual network plans for compliance
with specific requirements in 40 CFR
part 58. With respect to the Allegheny
County nonattainment area, we have
found that the annual network plans
submitted by ACHD meet these
requirements under 40 CFR part 58,
TABLE 1—2019–2021 ANNUAL PM2.5 VALUES FOR THE ALLEGHENY COUNTY PM2.5 AREA
Weighted mean (μg/m3)
Monitor name
Complete quarters
Certified
annual
design value
2019–2021
(μg/m3)
Monitor ID
2019
Avalon ......................................................................
Lawrenceville ...........................................................
South Fayette ...........................................................
North Park ................................................................
Harrison ....................................................................
North Braddock ........................................................
Clairton .....................................................................
Liberty ......................................................................
Parkway East ...........................................................
420030002
420030008
420030067
420030093
420031008
420031301
420033007
420030064
420031376
2020
9.9
9.0
7.7
6.8
8.6
9.9
7.9
12.2
10.8
8.6
7.7
6.6
5.7
7.3
9.0
7.3
9.8
9.0
2021
2019
9.8
9.8
7.8
............
8.2
10.7
9.2
11.8
10.4
2020
4
4
4
4
4
4
4
4
4
2021
4
4
4
3
4
4
4
4
4
4
4
4
............
4
4
4
4
4
9.4
8.8
7.3
[*]
8.1
9.9
8.1
11.2
10.0
* North Park has incomplete data sets for 2020 and 2021 (and was shut down in the third quarter of 2021).
As shown in Table 1 in this
document, all ambient air monitors in
the Allegheny County area except for
the North Park monitor site have
complete 2019–2021 reporting data
capture rates of at least 75%. The North
Park monitor site [Monitor ID
420030093] had a fourth quarter 2020
capture rate of 13%. The North Park
monitor site was approved for shut
down in the third quarter of 2021 in
ACHD’s ‘‘Annual Monitoring Plan for
Calendar Year 2021.’’ The data capture
rates for the North Park monitor for the
2019–2021 period are shown in Table 2
in this document.
TABLE 2—DATA CAPTURE RATES (%) AND CREDITABLE SAMPLES BY QUARTER (Q) FOR THE NORTH PARK MONITOR
[420030093]
2019
Q1
Creditable Samples ...........................................................................................
Capture Rate .....................................................................................................
14
93
Q2
15
100
2020
Q3
15
94
Q4
14
93
Q1
Q2
15
100
2021 *
Q3
14
93
15
94
Q4
2
13
Q1
0
0
Q2
0
0
Q3
Q4
0
0
0
0
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* North Park has incomplete data sets for 2020 and 2021 and was shut down in the third quarter of 2021.
NAAQS is met when the 3-year average
of PM2.5 annual mean mass
As described in section II.A in this
document, the 2012 annual PM2.5
12 40
16 Id.
13
CFR part 58, Appendix A, section 1.2.3.
40 CFR 50.18(b); 40 CFR part 50, Appendix N,
section 4.1(a).
14 40 CFR part 50, Appendix N, section 1.0(c).
15 40 CFR part 50, Appendix N, section 4.1(b).
17 See
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40 CFR 58.15(c).
18 The ACHD 2021–22 monitoring network plan
and EPA reviews of that plan are available in the
docket.
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concentrations for each eligible
monitoring site is less than or equal to
19 ACHD’s annual data certifications for 2019,
2020, and 2021 can be found in the docket.
20 See EPA’s Air Quality Design Values web page,
at www.epa.gov/air-trends/air-quality-designvalues.
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12.0 mg/m3. Three years of valid, annual
means are required to produce a valid
annual PM2.5 NAAQS design value. A
year of data meets data completeness
requirements when quarterly data
capture rates for all four quarters are at
least 75 percent from eligible
monitoring sites.21
Consistent with the requirements
contained in 40 CFR part 58, EPA has
reviewed the PM2.5 ambient air quality
monitoring data for the monitoring
period from 2019 through 2021 for the
Allegheny County nonattainment area,
as recorded in the AQS database, and
has determined that the monitoring data
meets the quality assurance
requirements set forth in 40 CFR part
58. In this respect, the data has been
deemed usable by EPA for regulatory
compliance purposes. As shown in
Table 1 in this document, each quarter
from 2019 through 2021 is complete,
with all four quarters reporting data
capture rates of at least 75 percent (with
the exception of the North Park monitor,
as noted above). The highest certified
annual design value for 2019–2021 is
11.2 mg/m3, with all nine ambient
monitors below the 2012 annual PM2.5
NAAQS of 12.0 mg/m3.
In summary, based on the relevant
monitoring network plans, data
completeness, and data certifications,
we propose to find that the PM2.5 data
collected from the ambient air
monitoring network for the Allegheny
County PM2.5 nonattainment area are
suitable for determining whether the
area attained the 2012 annual PM2.5
NAAQS by the applicable December
2021 attainment date.
C. EPA Evaluation of Attainment
Under CAA section 188(c)(2), EPA is
required to determine within six months
of the applicable attainment date
whether a nonattainment area attained
the standard by that deadline. The 2012
annual PM2.5 NAAQS is met when the
PM2.5 NAAQS design value at each
eligible monitoring site is less than or
equal to 12 mg/m3. As discussed above,
EPA’s evaluation on whether the
Allegheny County PM2.5 NAA has
attained the 2012 annual PM2.5 NAAQS
is based on our review of the monitoring
data and takes into account the
adequacy of the PM2.5 monitoring
network in the nonattainment area and
the reliability of the data collected by
the network as discussed in the
previous section of this document.
Table 1 in this document provides the
2021 PM2.5 design value from the
regulatory monitors within the
Allegheny County nonattainment area,
21 See
40 CFR part 50, Appendix N.
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expressed as a design value for each
monitor representing the average of the
annual mean values from the 2019–2021
period. The weighted mean for each
individual year is also listed. The PM2.5
data show that the highest 2019–2021
design value occurred at the Liberty
monitor site and was 11.2 mg/m3. No
design value for any monitor in the area
exceeded the 2012 annual PM2.5
NAAQS of 12.0 mg/m3 for the 3-year
period prior to the attainment deadline.
Based on our review of the PM2.5
ambient air monitoring data from the
Allegheny County monitoring network,
the monitoring sites for the
nonattainment area are consistent with
the relevant requirements in 40 CFR
part 50, as recorded in EPA’s AQS
database for the area. Therefore, the
Allegheny County nonattainment area
attained the 2012 annual PM2.5 NAAQS
(in accordance with the requirements in
40 CFR 50.18 and Appendix N) by the
December 31, 2021 attainment date
applicable to Moderate NAAs.
Consequently, EPA proposes to
determine, based upon three years of
complete, certified data from 2019
through 2021 (that has been both
quality-assured and quality-controlled)
that the Allegheny County
nonattainment area attained the 2012
annual PM2.5 NAAQS by the applicable
attainment date of December 31, 2021.
For purposes of determining attainment
by the December 31, 2021 Moderate
attainment date, EPA determines that
ACHD has met minimum monitoring
site requirements under 40 CFR part 58
and that the design values for the 2012
annual PM2.5 NAAQS for the years
2019–2021 at the monitors in the
nonattainment area are below the
standard of 12 mg/m3. On the basis of
our review, we are proposing to
determine that the Allegheny County
nonattainment area attained the 2012
annual NAAQS by the Moderate area
attainment date.
III. Proposed Action
Pursuant to CAA section 188(c)(2),
EPA is proposing to determine, based on
the most recent three years (2019–2021)
of valid air monitoring data, that the
Allegheny County nonattainment area
has attained the 2012 annual PM2.5
NAAQS by the applicable attainment
date of December 31, 2021.
This proposed determination of
attainment by the attainment date does
not constitute a redesignation to
attainment of the NAAQS. Upon a final
determination of attainment by the
Moderate attainment date, Allegheny
County will remain nonattainment for
the 2012 annual PM2.5 NAAQS until
such time that EPA determines the
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Allegheny County nonattainment area
meets the CAA requirements for
redesignation to attainment, including
an approved maintenance plan,
pursuant to CAA sections 107 and
175A.
EPA is soliciting public comments on
this proposed determination of
attainment. All received comments will
be considered prior to EPA final action.
IV. Statutory and Executive Order
Reviews
This rulemaking action proposes a
determination for attainment of the 2012
PM2.5 NAAQS based on monitored air
quality and does not impose additional
requirements. For that reason, this
proposed 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).
This proposed determination of
attainment by the attainment date for
the Allegheny County area by the
December 31, 2021 Moderate attainment
date for the 2012 annual PM2.5 NAAQS
does not have tribal implications as
E:\FR\FM\08FEP1.SGM
08FEP1
Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Proposed Rules
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
it is not a SIP action approved to apply
in Indian country located in the State.
This action 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,
Particulate matter, and Reporting and
recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023–02682 Filed 2–7–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 12–375; Report No. 3192;
FR ID 126157]
Federal Communications
Commission.
ACTION: Petitions for reconsideration.
AGENCY:
Petitions for Reconsideration
(Petitions) have been filed in the
Commission’s proceeding by Al Kramer
and Cheryl A. Leanza, on behalf of
lotter on DSK11XQN23PROD with PROPOSALS1
VerDate Sep<11>2014
15:58 Feb 07, 2023
Jkt 259001
This is a
summary of the FCC’s Public Notice, DA
23–81, Report No. 3192, released
January 27, 2023. The full text of the
FCC’s Public Notice is available at:
https://docs.fcc.gov/public/
attachments/DA-23-81A1.pdf. The full
text of United Church of Christ, OC Inc.
and Public Knowledge’s Petition for
Reconsideration is available at: (https://
www.fcc.gov/ecfs/document/
1215186700210/2). The full text of NCIC
SUPPLEMENTARY INFORMATION:
Petitions for Reconsideration of Action
in Proceeding
SUMMARY:
United Church of Christ, OC Inc. and
Public Knowledge, Glenn S. Richards
and Lee G. Petro, on behalf of NCIC
Inmate Communications, Karen
Quinones and Kari Cooke, on behalf of
Mayor’s Office of Deaf, DeafBlind, &
Hard of Hearing, and David A.
O’Connor, on behalf of Hamilton Relay,
Inc.
DATES: Oppositions to the Petitions
must be filed on or before February 23,
2023. Replies to an opposition must be
filed on or before March 6, 2023.
ADDRESSES: Federal Communications
Commission, 45 L Street NE,
Washington, DC, 20554.
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Disability Rights Office,
Consumer and Governmental Affairs
Bureau, at (202) 418–1264, email:
Michael.Scott@fcc.gov, or Simon
Solemani, Pricing Policy Division,
Wireline Competition Bureau, at (202)
418–2270, email: Simon.Solemani@
fcc.gov.
PO 00000
Frm 00016
Fmt 4702
Sfmt 9990
8253
Inmate Communications’ Petitions for
Reconsideration are available at:
(https://www.fcc.gov/ecfs/document/
1082733619116/1) and (https://
www.fcc.gov/ecfs/document/
10109846110722/1). The full text of
Mayor’s Office of Deaf, DeafBlind, &
Hard of Hearing’s Petition for
Reconsideration is available at: (https://
www.fcc.gov/ecfs/document/
12230570217248/1). The full text of
Hamilton Relay, Inc.’s Petition for
Reconsideration is available at: (https://
www.fcc.gov/ecfs/document/
101092106904459/1). The Commission
will not send a Congressional Review
Act (CRA) submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C. 801
because no rules are being adopted by
the Commission.
Subjects: Rates for Interstate Inmate
Calling Services, FCC 22–76, published
at 87 FR 75496, December 9, 2022, in
WC Docket No. 12–375; Rates for
Interstate Inmate Calling Services, FCC
21–60, published at 86 FR 40682, July
28, 2021. This document is being
published pursuant to 47 CFR 1.429(e).
See also 47 CFR 1.4(b)(1) and 1.429(f),
(g).
Number of Petitions Filed: 5.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023–02664 Filed 2–7–23; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\08FEP1.SGM
08FEP1
]]>Agencies
[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Proposed Rules]
[Pages 8249-8253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02682]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0307; FRL10636-01-R3]
Determination of Attainment by the Attainment Date for the 2012
Annual Fine Particulate Matter Standard; Pennsylvania; Allegheny County
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Allegheny County, Pennsylvania nonattainment area
(NAA) has attained the 2012 annual fine particulate matter
(PM2.5 or fine particulate matter) national ambient air
quality standard (NAAQS) by the December 31, 2021 attainment date
applicable to Moderate NAAs. This determination is based upon quality-
assured, quality-controlled, and certified ambient air monitoring data
for the 2019-2021 period available in EPA's Air Quality Monitoring
(AMS) database. The determination is based upon the three-year average
of annual mean PM2.5 concentrations for each eligible
monitoring site being less than or equal to the level of the annual
NAAQS of 12 micrograms per cubic meter ([micro]g/m\3\). This action is
being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 10, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0307 at www.regulations.gov, or via email to
[email protected]. 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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center--1600 JFK Blvd., Philadelphia, PA
19103. The telephone number is (215) 814-2176. Mr. Rehn can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. Background
A. The 2012 Annual PM2.5 National Ambient Air Quality
Standard
B. Clean Air Act Requirements for PM2.5 Nonattainment
Areas
C. Allegheny County Designation for the 2012 PM2.5
NAAQS
II. Evaluation of Attainment Determination
A. Applicable Statutory and Regulatory Provisions for
Determination of Attainment
B. Monitoring Network Review, Data Quality Assurance, and Data
Completeness
C. EPA Evaluation of Attainment
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. The 2012 Annual PM2.5 National Ambient Air Quality
Standard
Under section 109 of the Clean Air Act, EPA has established NAAQS
for certain pervasive air pollutants (referred to as criteria
pollutants) and conducts periodic reviews of the NAAQS to determine
whether they should be revised or whether new NAAQS should be
established. EPA established these standards after considering
substantial evidence from numerous health studies demonstrating that
serious adverse health effects are associated with exposures to these
criteria pollutants.\1\
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\1\ For a given air pollutant, ``primary'' NAAQS are those
determined by EPA as requisite to protect the public health,
allowing an adequate margin of safety, and ``secondary'' standards
are those determined by EPA as requisite to protect the public
welfare from any known or anticipated adverse effects associated
with the presence of such air pollutant in the ambient air. See CAA
section 109(b).
---------------------------------------------------------------------------
Particulate matter includes particles with diameters that are
generally 2.5 microns or smaller (PM2.5), and particles with
diameters that are generally 10
[[Page 8250]]
microns or smaller (PM10). PM2.5 can be emitted
by sources directly into the atmosphere as a solid or liquid particle
(primary PM2.5 or direct PM2.5) or can be formed
in the atmosphere (secondary PM2.5) as a result of various
chemical reactions among precursor pollutants such as nitrogen oxides
(NOX), sulfur dioxide (SO2), volatile organic
compounds (VOC), and ammonia (NH3).\2\
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\2\ 80 FR 15340, 15342 (March 23, 2015).
---------------------------------------------------------------------------
On July 18, 1997, EPA first established annual and 24-hour NAAQS
for PM2.5.\3\ EPA set the annual primary and secondary
standards to 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a
3-year average of annual mean PM2.5 concentrations. On
January 15th, 2013, in order to provide increased protection of public
health, EPA promulgated a more stringent annual PM2.5 NAAQS,
revising the primary standard to 12.0 [mu]g/m\3\, based on a 3-year
average of annual mean PM2.5 concentrations--while retaining
the secondary standard at 15.0 [mu]g/m\3\.\4\
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\3\ 62 FR 38652 (July 18, 1997). In October 2006, EPA lowered
the 24-hour NAAQS for PM2.5 from 65 micrograms per cubic
meter ([mu]g/m\3\) to 35 [mu]g/m\3\. 71 FR 61144 (October 17, 2006).
\4\ 78 FR 3086 (January 15, 2013) and 40 CFR 50.18. Unless
otherwise noted, all references to the PM2.5 NAAQS in
this document refer to the 2012 annual NAAQS of 12.0 [mu]g/m\3\,
codified at 40 CFR 50.18.
---------------------------------------------------------------------------
B. Clean Air Act Requirements for PM2.5 Nonattainment Areas
The CAA requires states to develop a SIP that provides generally
for the attainment, maintenance, and enforcement of the NAAQS. In
addition, the CAA requires states to make a plan submittal to address
nonattainment planning requirements of the CAA. This plan SIP submittal
(also referred to as an attainment plan) imposes additional controls
for purposes of attaining the PM2.5 NAAQS to achieve
reductions of PM2.5 and PM2.5 precursor
emissions.
The general CAA part D nonattainment area planning requirements are
found in subpart 1 and the specific nonattainment area planning
requirements for particulate matter are found in subpart 4. The subpart
1 statutory requirements for attainment plans include the following:
section 172(c)(1) requirements for reasonably available control
measures (RACM)/reasonably available control technology (RACT) and
attainment demonstrations; the section 172(c)(2) requirement to
demonstrate reasonable further progress (RFP); the section 172(c)(3)
requirement for emissions inventories; the section 172(c)(5)
requirements for a nonattainment new source review (NNSR) permitting
program; and the section 172(c)(9) requirement for contingency
measures.
The more specific subpart 4 statutory requirements for Moderate
PM2.5 nonattainment areas include the following: the CAA
section 189(a)(1)(A) NNSR permit program requirements; the section
189(a)(1)(B) requirements for attainment demonstrations; the section
189(a)(1)(C) requirements for RACM; the section 189(c) requirements for
RFP and quantitative milestones; and the section 189(e) requirement for
controls on sources of particulate matter precursors.
Under CAA subpart 4, section 188(c)(1) establishes that states with
Moderate PM2.5 nonattainment areas must provide for
attainment in the area as expeditiously as practicable, but no later
than the end of the sixth calendar year after designation. For the 2012
PM2.5 annual NAAQS, this date is December 31, 2021.\5\ In
addition, under subpart 4, direct PM2.5 and all precursors
to the formation of PM2.5 are subject to control unless EPA
approves a demonstration from the state establishing that a given
precursor does not contribute significantly to PM2.5 levels
that exceed the PM2.5 NAAQS in the area.\6\
---------------------------------------------------------------------------
\5\ 40 CFR 51.1004(a)(1).
\6\ 40 CFR 51.1006 and 40 CFR 51.1009.
---------------------------------------------------------------------------
To implement the PM2.5 NAAQS, EPA has promulgated the
``Fine Particle Matter National Ambient Air Quality Standard: State
Implementation Plan Requirements; Final Rule'' (also referred to as the
PM2.5 Implementation Rule).\7\ The PM2.5
Implementation Rule provides additional regulatory requirements and
guidance applicable to attainment plan submittals for the
PM2.5 NAAQS, including the 2012 annual PM2.5
NAAQS at issue in this action.
---------------------------------------------------------------------------
\7\ 81 FR 58010 (August 24, 2016).
---------------------------------------------------------------------------
C. Allegheny County Designation for the 2012 PM2.5 NAAQS
Following promulgation of a new or revised NAAQS, EPA is required
under CAA section 107(d) to designate regions throughout the nation as
attaining or not attaining these NAAQS. Those regions found not to be
attaining the NAAQS are also given a classification that describes the
degree of nonattainment. Under subpart 4 of part D of title I of the
CAA, EPA designates areas found to be violating the PM2.5
NAAQS, and areas that contribute to such violations, as nonattainment
and classifies them initially as Moderate nonattainment areas.
Effective April 15, 2015, EPA designated Allegheny County,
Pennsylvania, as a Moderate nonattainment area (Allegheny County
Nonattainment Area) for the 2012 PM2.5 annual NAAQS based on
ambient monitoring data that showed the area was above the 12.0 [mu]g/
m\3\ primary standard for the 3-year 2011-2013 monitoring period, based
on the area's design value.\8\ A design value (DV) is the 3-year
average NAAQS metric that is compared to the NAAQS level to determine
when a monitoring site meets or does not meet the NAAQS. The specific
methodologies for calculating whether the annual PM2.5 NAAQS
is met at each eligible monitoring site in an area are found in the
Code of Federal Regulations (CFR), at 40 CFR part 50, Appendix N,
section 4.1.
---------------------------------------------------------------------------
\8\ 80 FR 2206 (January 15, 2015).
---------------------------------------------------------------------------
II. Evaluation of Attainment Determination
A. Applicable Statutory and Regulatory Provisions for Determination of
Attainment
Sections 179(c)(1) and 188(b)(2) of the CAA require EPA to
determine whether a PM2.5 nonattainment area attained by the
applicable attainment date, based on the area's air quality ``as of the
attainment date.'' Generally, this determination of whether an area's
air quality meets the PM2.5 NAAQS is based upon the most
recent three years of complete, certified data gathered at eligible
monitoring sites in accordance with 40 CFR part 58.\9\ The requirements
of 40 CFR part 58 include quality assurance procedures for monitor
operation and data handling, siting parameters for instruments or
instrument probes, and minimum ambient air quality monitoring network
requirements. State, local, or tribal agencies operating air monitoring
sites, in accordance with 40 CFR part 58, must enter the ambient air
quality data and associated quality assurance data from these sites
into EPA's Air Quality System (AQS) database.\10\ These monitoring
agencies certify annually that these data are accurate to the best of
their knowledge, taking into consideration the quality assurance
findings.\11\ Accordingly, EPA relies primarily on AQS data when
determining the attainment status of an area. In determining whether
data are suitable for regulatory determinations, EPA uses a ``weight of
evidence'' approach, considering the requirements of 40 CFR part 58,
Appendix A ``in combination with other data quality
[[Page 8251]]
information, reports, and similar documentation that demonstrate
overall compliance with Part 58.'' \12\
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\9\ 40 CFR part 50, Appendix N, section 3.0.
\10\ 40 CFR 58.16. AQS is EPA's national repository of ambient
air quality data.
\11\ 40 CFR 58.15(a).
\12\ 40 CFR part 58, Appendix A, section 1.2.3.
---------------------------------------------------------------------------
The 2012 primary annual PM2.5 standard is met when the
3-year average of the annual arithmetic mean concentration, as
determined in accordance with 40 CFR part 50 Appendix N, is less than
or equal to 12.0 [mu]g/m\3\ at each eligible monitoring site.\13\ For
the annual PM2.5 standard, eligible monitoring sites are
those monitoring stations that meet the criteria specified in 40 CFR
58.11 and 58.30, and thus are approved for comparison to the annual
PM2.5 NAAQS.\14\ Three years of valid annual means are
required to produce a valid annual PM2.5 NAAQS design
value.\15\ Data completeness requirements for a given year are met when
at least 75 percent of the scheduled sampling days for each quarter
have valid data.\16\
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\13\ 40 CFR 50.18(b); 40 CFR part 50, Appendix N, section
4.1(a).
\14\ 40 CFR part 50, Appendix N, section 1.0(c).
\15\ 40 CFR part 50, Appendix N, section 4.1(b).
\16\ Id.
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B. Monitoring Network Review, Data Quality Assurance, and Data
Completeness
The Allegheny County Health Department (ACHD) is the governmental
agency with the primary authority and responsibility under the
Commonwealth's laws for collecting ambient air quality data for the
Allegheny County PM2.5 nonattainment area. ACHD submits
annual monitoring network plans to EPA documenting the status of the
Allegheny County air monitoring network, as required under 40 CFR
58.10.\17\ EPA reviews these annual network plans for compliance with
specific requirements in 40 CFR part 58. With respect to the Allegheny
County nonattainment area, we have found that the annual network plans
submitted by ACHD meet these requirements under 40 CFR part 58,
including minimum monitoring requirements.\18\
---------------------------------------------------------------------------
\17\ See 40 CFR 58.15(c).
\18\ The ACHD 2021-22 monitoring network plan and EPA reviews of
that plan are available in the docket.
---------------------------------------------------------------------------
In accordance with 40 CFR 58.15, ACHD certifies annually that the
previous year's ambient concentration and quality assurance data are
completely submitted to AQS and that the ambient concentration data are
accurate, taking into consideration the quality assurance findings.\19\
---------------------------------------------------------------------------
\19\ ACHD's annual data certifications for 2019, 2020, and 2021
can be found in the docket.
---------------------------------------------------------------------------
By a letter to EPA dated April 12, 2022, ACHD certified its 2021
ambient air quality monitoring data. EPA issued final 2019-2021 design
values on May 25, 2022.\20\ There are nine PM2.5 eligible
Federal Reference Method (FRM) or Federal Equivalent Method (FEM)
monitoring sites in the Allegheny County PM2.5 nonattainment
area. Table 1 in this document shows the Allegheny County Area design
values for the 2012 annual PM2.5 NAAQS for the years 2019-
2021 at these nine area monitoring sites.
---------------------------------------------------------------------------
\20\ See EPA's Air Quality Design Values web page, at
www.epa.gov/air-trends/air-quality-design-values.
Table 1--2019-2021 Annual PM2.5 Values for the Allegheny County PM2.5 Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Weighted mean ([micro]g/ Complete quarters Certified
m\3\) --------------------------- annual design
--------------------------- value 2019-
Monitor name Monitor ID 2021
2019 2020 2021 2019 2020 2021 ([micro]g/
m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Avalon............................................................ 420030002 9.9 8.6 9.8 4 4 4 9.4
Lawrenceville..................................................... 420030008 9.0 7.7 9.8 4 4 4 8.8
South Fayette..................................................... 420030067 7.7 6.6 7.8 4 4 4 7.3
North Park........................................................ 420030093 6.8 5.7 ....... 4 3 ....... [*]
Harrison.......................................................... 420031008 8.6 7.3 8.2 4 4 4 8.1
North Braddock.................................................... 420031301 9.9 9.0 10.7 4 4 4 9.9
Clairton.......................................................... 420033007 7.9 7.3 9.2 4 4 4 8.1
Liberty........................................................... 420030064 12.2 9.8 11.8 4 4 4 11.2
Parkway East...................................................... 420031376 10.8 9.0 10.4 4 4 4 10.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* North Park has incomplete data sets for 2020 and 2021 (and was shut down in the third quarter of 2021).
As shown in Table 1 in this document, all ambient air monitors in
the Allegheny County area except for the North Park monitor site have
complete 2019-2021 reporting data capture rates of at least 75%. The
North Park monitor site [Monitor ID 420030093] had a fourth quarter
2020 capture rate of 13%. The North Park monitor site was approved for
shut down in the third quarter of 2021 in ACHD's ``Annual Monitoring
Plan for Calendar Year 2021.'' The data capture rates for the North
Park monitor for the 2019-2021 period are shown in Table 2 in this
document.
Table 2--Data Capture Rates (%) and Creditable Samples by Quarter (Q) for the North Park Monitor [420030093]
----------------------------------------------------------------------------------------------------------------
2019 2020 2021 *
-----------------------------------------------------------------------------------
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
----------------------------------------------------------------------------------------------------------------
Creditable Samples.......... 14 15 15 14 15 14 15 2 0 0 0 0
Capture Rate................ 93 100 94 93 100 93 94 13 0 0 0 0
----------------------------------------------------------------------------------------------------------------
* North Park has incomplete data sets for 2020 and 2021 and was shut down in the third quarter of 2021.
As described in section II.A in this document, the 2012 annual
PM2.5 NAAQS is met when the 3-year average of
PM2.5 annual mean mass concentrations for each eligible
monitoring site is less than or equal to
[[Page 8252]]
12.0 [micro]g/m\3\. Three years of valid, annual means are required to
produce a valid annual PM2.5 NAAQS design value. A year of
data meets data completeness requirements when quarterly data capture
rates for all four quarters are at least 75 percent from eligible
monitoring sites.\21\
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\21\ See 40 CFR part 50, Appendix N.
---------------------------------------------------------------------------
Consistent with the requirements contained in 40 CFR part 58, EPA
has reviewed the PM2.5 ambient air quality monitoring data
for the monitoring period from 2019 through 2021 for the Allegheny
County nonattainment area, as recorded in the AQS database, and has
determined that the monitoring data meets the quality assurance
requirements set forth in 40 CFR part 58. In this respect, the data has
been deemed usable by EPA for regulatory compliance purposes. As shown
in Table 1 in this document, each quarter from 2019 through 2021 is
complete, with all four quarters reporting data capture rates of at
least 75 percent (with the exception of the North Park monitor, as
noted above). The highest certified annual design value for 2019-2021
is 11.2 [micro]g/m3, with all nine ambient monitors below the 2012
annual PM2.5 NAAQS of 12.0 [micro]g/m3.
In summary, based on the relevant monitoring network plans, data
completeness, and data certifications, we propose to find that the
PM2.5 data collected from the ambient air monitoring network
for the Allegheny County PM2.5 nonattainment area are
suitable for determining whether the area attained the 2012 annual
PM2.5 NAAQS by the applicable December 2021 attainment date.
C. EPA Evaluation of Attainment
Under CAA section 188(c)(2), EPA is required to determine within
six months of the applicable attainment date whether a nonattainment
area attained the standard by that deadline. The 2012 annual
PM2.5 NAAQS is met when the PM2.5 NAAQS design
value at each eligible monitoring site is less than or equal to 12 mg/
m\3\. As discussed above, EPA's evaluation on whether the Allegheny
County PM2.5 NAA has attained the 2012 annual
PM2.5 NAAQS is based on our review of the monitoring data
and takes into account the adequacy of the PM2.5 monitoring
network in the nonattainment area and the reliability of the data
collected by the network as discussed in the previous section of this
document.
Table 1 in this document provides the 2021 PM2.5 design
value from the regulatory monitors within the Allegheny County
nonattainment area, expressed as a design value for each monitor
representing the average of the annual mean values from the 2019-2021
period. The weighted mean for each individual year is also listed. The
PM2.5 data show that the highest 2019-2021 design value
occurred at the Liberty monitor site and was 11.2 [mu]g/m\3\. No design
value for any monitor in the area exceeded the 2012 annual
PM2.5 NAAQS of 12.0 [mu]g/m\3\ for the 3-year period prior
to the attainment deadline. Based on our review of the PM2.5
ambient air monitoring data from the Allegheny County monitoring
network, the monitoring sites for the nonattainment area are consistent
with the relevant requirements in 40 CFR part 50, as recorded in EPA's
AQS database for the area. Therefore, the Allegheny County
nonattainment area attained the 2012 annual PM2.5 NAAQS (in
accordance with the requirements in 40 CFR 50.18 and Appendix N) by the
December 31, 2021 attainment date applicable to Moderate NAAs.
Consequently, EPA proposes to determine, based upon three years of
complete, certified data from 2019 through 2021 (that has been both
quality-assured and quality-controlled) that the Allegheny County
nonattainment area attained the 2012 annual PM2.5 NAAQS by
the applicable attainment date of December 31, 2021. For purposes of
determining attainment by the December 31, 2021 Moderate attainment
date, EPA determines that ACHD has met minimum monitoring site
requirements under 40 CFR part 58 and that the design values for the
2012 annual PM2.5 NAAQS for the years 2019-2021 at the
monitors in the nonattainment area are below the standard of 12 mg/
m\3\. On the basis of our review, we are proposing to determine that
the Allegheny County nonattainment area attained the 2012 annual NAAQS
by the Moderate area attainment date.
III. Proposed Action
Pursuant to CAA section 188(c)(2), EPA is proposing to determine,
based on the most recent three years (2019-2021) of valid air
monitoring data, that the Allegheny County nonattainment area has
attained the 2012 annual PM2.5 NAAQS by the applicable
attainment date of December 31, 2021.
This proposed determination of attainment by the attainment date
does not constitute a redesignation to attainment of the NAAQS. Upon a
final determination of attainment by the Moderate attainment date,
Allegheny County will remain nonattainment for the 2012 annual
PM2.5 NAAQS until such time that EPA determines the
Allegheny County nonattainment area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan,
pursuant to CAA sections 107 and 175A.
EPA is soliciting public comments on this proposed determination of
attainment. All received comments will be considered prior to EPA final
action.
IV. Statutory and Executive Order Reviews
This rulemaking action proposes a determination for attainment of
the 2012 PM2.5 NAAQS based on monitored air quality and does
not impose additional requirements. For that reason, this proposed
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).
This proposed determination of attainment by the attainment date
for the Allegheny County area by the December 31, 2021 Moderate
attainment date for the 2012 annual PM2.5 NAAQS does not
have tribal implications as
[[Page 8253]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it is not a SIP action approved to apply in Indian country
located in the State. This action 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, Particulate matter, and
Reporting and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-02682 Filed 2-7-23; 8:45 am]
BILLING CODE 6560-50-P
