[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Rules and Regulations]
[Pages 62147-62150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24782]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0370; FRL-9738-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area
Determinations of Attainment of the 1997 Annual Fine Particulate
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is making two determinations regarding the Pittsburgh-
Beaver Valley fine particulate matter (PM2.5) nonattainment
area (hereafter referred to as ``the Pittsburgh Area'' or ``the
Area''). First, EPA determines that the Area has attained the 1997
annual PM2.5 National Ambient Air Quality Standard (NAAQS).
This determination of attainment is based upon quality-assured,
quality-controlled and certified ambient air monitoring data for the
2008-2010 and 2009-2011 monitoring periods, showing that the Pittsburgh
Area has monitored attainment of the 1997 annual PM2.5
NAAQS. In accordance with the EPA's applicable PM2.5
implementation rule, this determination of attainment suspends the
requirements for the Area to submit an attainment demonstration and
associated reasonably available control measures (RACM), a reasonable
further progress (RFP) plan, contingency measures, and other planning
State Implementation Plan (SIP) revisions related to the attainment of
the standard for so long as the Area continues to attain the 1997
annual PM2.5 NAAQS. EPA also determines, based on quality-
assured, quality-controlled, and certified monitoring data for the
2007-2009 monitoring period, that the Area attained the 1997 annual
PM2.5 NAAQS by its applicable attainment date of April 5,
2010. These actions are being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on October 12, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0370. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].
[[Page 62148]]
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Summary of Actions
III. Final Action
IV. Effective Date
V. Statutory and Executive Order Reviews
I. Background
On July 16, 1997, EPA established an annual PM2.5 NAAQS
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to
as ``the 1997 annual PM2.5 NAAQS'' or ``the annual
PM2.5 standard''), based on a 3-year average of annual mean
PM2.5 concentrations (62 FR 38652, July 18, 1997). On
January 5, 2005, EPA published its air quality designations and
classifications for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003 (70 FR 944).
These designations, effective on April 5, 2005, included the Pittsburgh
Area as a nonattainment area for the 1997 annual PM2.5
NAAQS. On March 29, 2007, EPA issued a detailed 1997 PM2.5
implementation rule, codified at 40 CFR part 51, subpart Z, in which
EPA provided guidance for state and tribal plans to implement the 1997
annual PM2.5 NAAQS (72 FR 20586, April 25, 2007).
On June 11, 2012 (77 FR 34297), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania, proposing two
determinations of attainment of the 1997 annual PM2.5 NAAQS
for the Pittsburgh Area. First, EPA proposed to determine that the
Pittsburgh Area has attained the 1997 annual PM2.5 NAAQS,
based upon quality-assured, quality-controlled, and certified ambient
air monitoring data for the 2008-2010 period and preliminary data for
2009-2011. The 2011 data have now been quality-assured and certified,
and show that the area continues to attain based on certified data for
2009-2011. See Table 1. In accordance with 40 CFR 51.1004(c), EPA's
final determination of attainment suspends the requirements for the
Pittsburgh Area to submit an attainment demonstration and RACM, a RFP
plan, contingency measures, and other planning SIP revisions related to
the attainment of the 1997 annual PM2.5 NAAQS for so long as
the Area continues to attain the 1997 annual PM2.5 NAAQS. In
the NPR, EPA also proposed to determine that the Area attained the 1997
annual PM2.5 NAAQS by its applicable attainment date of
April 5, 2010, based on quality-assured, quality-controlled, and
certified monitoring data for the 2007-2009 monitoring period.
II. Summary of Actions
EPA has previously determined that the PM2.5 monitoring
network for the Pittsburgh Area is adequate.\1\ EPA found that the
number of PM2.5 monitors in the Area meets the minimum
regulatory requirements given in 40 CFR part 58, appendix D, and that
monitoring is in accordance with Pennsylvania's most recent annual
monitoring network plan approved by EPA, as required by 40 CFR 58.10.
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\1\ The Commonwealth of Pennsylvania's August 4, 2011 annual
ambient monitoring network plan was approved by EPA in a December 6,
2011 letter from Shawn M. Garvin, Regional Administrator of EPA
Region III, to Michael L. Krancer, Secretary of the Pennsylvania
Department of Environmental Protection.
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In this final rulemaking, EPA is determining that the Pittsburgh
Area has attained the 1997 annual PM2.5 NAAQS, based on the
most recent three years of quality-assured, quality-controlled, and
certified data, and is also determining that the Area attained the 1997
annual PM2.5 NAAQS by its applicable attainment date of
April 5, 2010. In accordance with the requirements of 40 CFR part 50,
EPA has reviewed the quality-assured, quality-controlled, certified
PM2.5 data recorded in the EPA's Air Quality System (AQS)
database for the Pittsburgh Area during 2007-2009, 2008-2010, and 2009-
2011 monitoring periods.
Monitoring data for 2011, which was recently quality-assured,
quality-controlled, and certified, show that the area continues to
attain based on certified data for 2009-2011. Table 1 below shows the
PM2.5 annual design values for the Pittsburgh Area during
the 2009-2011 period. The PM2.5 annual design value for the
Pittsburgh Area during 2009-2011 is 14.7 [mu]g/m\3\, based on the
Orchard monitoring site, located in Allegheny County. The
PM2.5 monitoring data for 2007-2009 and 2008-2010 were set
forth in EPA's June 11, 2012 NPR (77 FR 34297).
Table 1--Pittsburgh Area 2009-2011 Annual PM 2.5 Data
[In [mu]g/m\3\]
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Annual mean
County Site ID Site name ------------------------------------------------ 2009-2011 Completeness
2009 2010 2011 Design value status\1\
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Allegheny....................... 42-003-0002 Orchard........... .............. 16.3 13.1 14.7 Incomplete \2\
Allegheny....................... 42-003-0008 Lawrence.......... 11.6 12.2 11.1 11.6 Complete
Allegheny....................... 42-003-0067 South Fayette..... 10.8 11.7 10.6 11.0 Complete
Allegheny....................... 42-003-0093 North Park........ 9.6 10.5 9.0 9.7 Max. Quarter
Allegheny....................... 42-003-0095 Moon.............. 9.4 11.5 .............. 10.5 Incomplete \2\
Allegheny....................... 42-003-1008 Harrison.......... 12.7 13.0 11.6 12.4 Max. Quarter
Allegheny....................... 42-003-1301 N. Braddock....... 12.1 13.7 12.3 12.7 Collocated
Armstrong....................... 42-005-0001 Kittaning......... 11.0 13.2 12.1 12.1 Incomplete \2\
Beaver.......................... 42-007-0014 Beaver Falls...... 13.0 12.5 11.7 12.4 Complete
Washington...................... 42-125-0005 Charleroi......... 12.6 13.2 12.0 12.6 Max. Quarter
Washington...................... 42-125-0200 Washington........ 11.1 12.1 10.8 11.3 Complete
Washington...................... 42-125-5001 Florence.......... 12.2 8.9 5.9 9.0 Complete
Westmoreland.................... 42-129-0008 Greensburg........ 13.5 14.0 13.7 13.7 Statistical
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\1\ This column indicates if the design value for the monitor is: valid and complete (``Complete'') or incomplete (``Incomplete''). It also indicates
which data substitution method, if any, was used to deem an incomplete design value valid and ``Complete'': ``Max. Quarter'' denotes the maximum
quarter data substitution test; ``Collocated'' denotes the collocated data substitution test; ``Statistical'' denotes that EPA's statistical procedure
has been applied to address the missing data. Note that these techniques are discretionary.
\2\ These monitors did not collect sufficient data during 2009-2011 due to shut-downs or startups.
[[Page 62149]]
Several monitors did not meet the completeness requirement for one
or more quarters during 2009-2011. EPA addressed the missing data of
each of the monitors in order to determine if the monitors were
attaining the 1997 annual PM2.5 NAAQS, by applying one of
these methods: Maximum quarter data substitution test, collocated data
substitution test, and EPA's statistical method. Additional information
about the monitoring network and air quality data used in this
determination can be found in the Technical Support Document for this
final rulemaking notice (FRN) which is available online at
www.regulations.gov, Docket number EPA-R03-OAR-2012-0370.
The quality-assured, quality-controlled, certified data for 2008-
2010 and 2009-2011 show that the Pittsburgh Area has monitored
attainment of the 1997 annual PM2.5 NAAQS. Additionally,
preliminary PM2.5 data available for 2012 is consistent with
continued attainment of the 1997 annual PM2.5 NAAQS in the
Pittsburgh Area. EPA's evaluation of the quality-assured, quality-
controlled, certified monitoring data from 2007-2009 show that the
Pittsburgh Area attained the 1997 annual PM2.5 NAAQS by its
applicable attainment date.
No public comments were submitted in response to the NPR.
Additional information about the monitoring network and air quality
data used in this determination is available in the Technical Support
Documents for the NPR and the FRN. Relevant support documents for this
action are available online at www.regulations.gov, Docket number EPA-
R03-OAR-2012-0370.
III. Final Action
EPA is making two final determinations. First, EPA determines that
the Area has attained the 1997 annual PM2.5 NAAQS, based
upon quality-assured and certified ambient air monitoring data for the
2008-2010 and 2009-2011 periods. Pursuant to 40 CFR 51.1004(c), this
determination of attainment will suspend the requirements for the Area
to submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and other planning SIP revisions related to the
attainment of the standard, for so long as the Area continues to attain
the 1997 annual PM2.5 NAAQS. Second, EPA determines that the
Area attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010, based on quality-assured, quality-
controlled and certified monitoring data for the 2007-2009 monitoring
period. This determination of attainment fulfills EPA's obligation
pursuant to section 179(c)(1) of the CAA.
Finalizing these determinations or either of them does not
constitute a redesignation of the Pittsburgh Area to attainment for the
1997 annual PM2.5 NAAQS under CAA section 107(d)(3). Neither
determination of attainment involves approving a maintenance plan for
the Pittsburgh Area, nor determines that the Area has met all the
requirements for redesignation under the CAA, including that attainment
be due to permanent and enforceable emission reductions.\2\ Therefore,
the designation status of the Pittsburgh Area will remain nonattainment
for the 1997 annual PM2.5 NAAQS until such time as EPA takes
final rulemaking action to determine that such portions meet the CAA
requirements for redesignation to attainment.
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\2\ The monitoring data for the 2008-2010 and 2009-2011
monitoring periods that are relied on in this notice may be impacted
by reductions associated with the Clean Air Interstate Rule (CAIR),
which was remanded to EPA in 2008. North Carolina v. EPA, 531 F.3d
896, as modified on reh'g, 550 F.3d 1176 (DC Cir. 2008).
Nonetheless, because these determinations address only whether the
monitoring data show attainment, at this time EPA need not address
whether such attainment was due to the remanded CAIR.
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IV. Effective Date
EPA finds that there is good cause for this approval to become
effective on the date of publication because this action suspends the
requirements for the Pittsburgh Area to submit an attainment
demonstration and associated RACM, RFP plans, contingency measures and
other SIPs related to attainment of the 1997 annual PM2.5
NAAQS required by CAA Section 172(c). See 40 CFR 51.1004(c). The
expedited effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rule actions may become effective
less than 30 days after publication if the rule ``grants or recognizes
an exemption or relieves a restriction'' and section 5 U.S.C.
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The relief from these SIP planning
obligations in CAA Section 172(c) is sufficient reason to allow an
expedited effective date of this rule under 5 U.S.C. 553(d)(1) and (3).
V. Statutory and Executive Order Reviews
A. General Requirements
This action, which makes determinations of attainment based on air
quality, will result in the suspension of certain Federal requirements
and/or will not impose any additional requirements beyond those imposed
by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a
[[Page 62150]]
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 December 11, 2012. 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, in which EPA determines that the Pittsburgh Area
has attained the 1997 annual PM2.5 NAAQS and attained the
1997 annual PM2.5 NAAQS by its 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, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
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. Section 52.2056 is amended by adding paragraph (h) to read as
follows:
Sec. 52.2056 Determinations of Attainment.
* * * * *
(h) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Pittsburgh-Beaver Valley
fine particle (PM2.5) nonattainment area attained the 1997
annual PM2.5 National Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of April 5, 2010. Therefore, EPA has
met the requirement pursuant to CAA section 179(c) to determine, based
on the area's air quality as of the attainment date, whether the area
attained the standard. EPA also determined that the Pittsburgh-Beaver
Valley PM2.5 nonattainment area is not subject to the
consequences of failing to attain pursuant to section 179(d).
0
3. Section 52.2059 is amended by adding paragraph (g) to read as
follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(g) Determination of Attainment. EPA has determined, as of October
12, 2012, that based on 2008 to 2010 and 2009 to 2011 ambient air
quality data, the Pittsburgh-Beaver Valley fine particle
(PM2.5) nonattainment area has attained the 1997 annual
PM2.5 national ambient air quality standards (NAAQS). This
determination, in accordance with 40 CFR 52.1004(c), suspends the
requirements for the Pittsburgh-Beaver Valley PM2.5
nonattainment area to submit an attainment demonstration, associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual PM2.5 NAAQS.
[FR Doc. 2012-24782 Filed 10-11-12; 8:45 am]
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