[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Proposed Rules]
[Pages 6590-6593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-1082; FRL-9262-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Determination of Attainment for the Pittsburgh-Beaver 
Valley 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make a determination that the Pittsburgh-
Beaver Valley 8-hour ozone nonattainment area (the Pittsburgh Area) has 
attained the 1997 8-hour ozone national ambient air quality standards 
(NAAQS). This proposed determination is based upon complete, quality 
assured, and certified ambient air monitoring data that show the area 
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to 
2009 monitoring period. Preliminary air quality monitoring data 
available for 2010 are consistent with continued attainment. If this 
proposed determination is made final, the requirement for the 
Commonwealth of Pennsylvania to submit an attainment demonstration and 
associated reasonably available control measures (RACM), a reasonable 
further progress (RFP) plan, contingency measures, and other planning 
requirements related to attainment of the 1997 8-hour ozone NAAQS for 
the Pittsburgh Area shall be suspended for as long as the nonattainment 
area continues to meet the 1997 8-hour ozone NAAQS. This action is 
being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 9, 2011.

[[Page 6591]]


ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-1082 by one of the following methods
    A. www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2010-1082, Cristina Fernandez, Associate 
Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-1082. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: For detailed information regarding this 
proposal, EPA prepared a Technical Support Document (TSD). The TSD can 
be viewed at http://www.regulations.gov. The following outline is 
provided to aid in locating information in this action.

I. What is EPA proposing?
II. What is the background for this action?
III. What is the effect of this action?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to determine that the Pittsburgh Area has attained 
the 1997 8-hour ozone NAAQS. The Pittsburgh Area is comprised of 
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties in Pennsylvania. EPA's determination is based 
upon complete, quality assured, quality controlled, and certified 
ambient air quality monitoring data for the years 2007 to 2009 showing 
that the Pittsburgh Area has monitored attainment of the 1997 8-hour 
ozone NAAQS. Preliminary air quality monitoring data available for 2010 
are consistent with continued attainment.
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 parts per million (ppm). On January 6, 2010, 
EPA again addressed this 2008 revised standard and proposed to set the 
primary 8-hour ozone standard within the range of 0.060 to 0.070 ppm, 
rather than at 0.075 ppm. EPA is working to complete reconsideration of 
the standard and thereafter will proceed with attainment/nonattainment 
area designations. This proposed rulemaking relates only to a 
determination of attainment for the 1997 8-hour ozone standard and is 
not affected by the ongoing process of reconsidering the revised 2008 
standard. This action addresses only the 1997 8-hour ozone standard of 
0.08 ppm, and does not address any subsequently revised 8-hour ozone 
standard.

II. What is the background for this action?

A. The Pittsburgh Area

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 ppm averaged over an 8-hour time frame. EPA set the 8-hour 
ozone standard based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower ozone concentrations and over 
longer periods of time, than was understood when the pre-existing 1-
hour ozone standard was set. EPA determined that the 8-hour standard 
would be more protective of human health, especially children and 
adults who are active outdoors, and individuals with a pre-existing 
respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. Among those nonattainment areas is the Pittsburgh Area, which 
includes Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties in Pennsylvania. See 40 CFR 81.339.

B. Determination of Attainment

    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), if EPA issues a determination that an area is attaining the 
relevant standard (through a rulemaking that includes public notice and 
comment), it will suspend the area's obligations to submit an 
attainment demonstration, RACM, RFP, contingency measures and other 
planning requirements related to attainment for as long as the area 
continues to attain. The determination of attainment is not equivalent 
to a redesignation. The state must still meet the statutory 
requirements for redesignation in order to be redesignated to 
attainment.

C. Ambient Air Quality Monitoring Data

    Complete, quality assured, certified 8-hour ozone air quality 
monitoring data for 2007 through 2009, as well as preliminary data 
available to date for 2010, show that the Pittsburgh Area has attained 
the 1997 8-hour ozone NAAQS.

III. What is the effect of this action?

    As noted, if the proposed action is finalized, under 40 CFR section 
51.918 it will suspend the obligation to submit

[[Page 6592]]

certain planning requirements described above; however, it will not 
constitute a redesignation to attainment under section 107(d)(3) of the 
CAA. The designation status of the Pittsburgh Area will remain 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
determines that the area meets the CAA requirements for redesignation 
to attainment, including an approved maintenance plan.

A. Determination of Attainment

    EPA is proposing to determine that the Pittsburgh Area is attaining 
the 1997 8-hour ozone NAAQS. In accordance with 40 CFR 51.918, if EPA 
finalizes this determination, the obligation under the CAA for the 
Commonwealth of Pennsylvania to submit an attainment demonstration and 
RACM, RFP plan, contingency measures, and any other planning 
requirements related to attainment of the 1997 8-hour ozone NAAQS for 
the Pittsburgh Area would be suspended for so long as the area 
continues to attain the 1997 8-hour ozone NAAQS. Although these 
requirements are suspended, EPA is not precluded from acting upon these 
elements, if Pennsylvania submits them for EPA review and approval.
    If finalized, the proposed determination will:
    (1) Suspend the requirements to submit an attainment demonstration, 
RACM, RFP plan, contingency measures, and any other planning 
requirements related to attainment of the 1997 8-hour ozone NAAQS;
    (2) Continue until such time, if any, that EPA (i) redesignates the 
area to attainment at which time those requirements no longer apply, or 
(ii) subsequently determines that the area has violated the 1997 8-hour 
ozone NAAQS;
    (3) Be separate from, and not influence or otherwise affect, any 
future designation determination or requirements for the area based on 
any new or revised ozone NAAQS; and
    (4) Remain in effect regardless of whether EPA designates this area 
as a nonattainment area for purposes of any new or revised ozone NAAQS.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking, that the Pittsburgh Area has 
violated the 1997 8-hour ozone NAAQS, the basis for the suspension of 
the specific requirements, set forth at 40 CFR 51.918, would no longer 
exist, and the Pittsburgh Area would thereafter have to address 
applicable requirements.

B. Subpart 1 Designation

    Under the implementation rule for the 1997 8-hour ozone standard, 
EPA designated certain areas under title I, part D, subpart 1 of the 
CAA (subpart 1) if they had a 1-hour design value below 0.121 ppm. In 
June 2004, EPA designated the Pittsburgh Area nonattainment under 
subpart 1 for the 1997 8-hour ozone standard. In June 2007, the United 
States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit Court) vacated the portion of the 1997 ozone implementation 
rule that allowed areas to be designated under subpart 1. On January 
16, 2009 (74 FR 2936), EPA published a proposed rule to address, among 
other issues, the D.C. Circuit Court vacatur of the classification 
system that EPA used to designate a subset of initial 1997 8-hour ozone 
nonattainment areas under subpart 1. In that rulemaking, EPA proposed 
that all areas designated nonattainment for the 1997 8-hour ozone NAAQS 
under subpart 1 would be classified as subpart 2 areas (hereafter 
referred to as the ``Subpart 1/Subpart 2 1997 8-Hour Ozone 
Rulemaking''). The Pittsburgh Area is among those areas that would be 
classified under subpart 2 if EPA's proposal is finalized. EPA has not 
yet completed its final rulemaking action for the Subpart 1/Subpart 2 
1997 8-Hour Ozone Rulemaking. When the Subpart 1/Subpart 2 1997 8-Hour 
Ozone Rulemaking is finalized, and if the Pittsburgh Area continues in 
attainment for the 1997 8-hour ozone NAAQS, EPA will address in a 
future rulemaking the consequences of a determination of attainment for 
any requirements to which the Pittsburgh Area becomes subject as a 
result of its reclassification. If, after the Pittsburgh Area is 
classified under subpart 2, EPA determines in a future rulemaking that 
the Pittsburgh Area continues to be in attainment, then the obligation 
to submit the applicable attainment-related requirements for its new 
classification would be suspended in accordance with 40 CFR 51.918.

IV. What is EPA's analysis of the relevant air quality data?

    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is less than or equal to 0.08 ppm. This 3-year average is 
referred to as the design value. When the design value is less than or 
equal to 0.084 ppm (based on the rounding convention in 40 CFR part 50, 
appendix I) at each monitoring site within the area, then the area is 
meeting the NAAQS. The data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90%, and no single year has less than 75% data completeness as 
determined in Appendix I of 40 CFR Part 50.
    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the ozone ambient air monitoring data for the monitoring 
period from 2007 through 2009 for the Pittsburgh Area, as recorded in 
the EPA Air Quality System (AQS) database. On the basis of that review, 
EPA has concluded that this area attained the 1997 8-hour ozone NAAQS 
based on data for the 2007-2009 ozone seasons. Table 1 shows the ozone 
design values for the Pittsburgh Area monitors based on 2007-2009 
ambient air quality monitoring data. Preliminary data available for 
2010, summarized in Table 2, are also consistent with continued 
attainment.

                          Table 1--2007-2009 Pittsburgh Area 8-Hour Ozone Design Values
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                                                                       2007-2009 Average %    2007-2009 Design
                    County                           Monitor ID         data completeness        value (ppm)
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Allegheny.....................................             420030008                    99                 0.077
                                                           420030010                    99                 0.074
                                                           420030067                    98                 0.073
                                                           420031005                    97                 0.082
Armstrong.....................................             420050001                   100                 0.077
Beaver........................................             420070002                    97                 0.073
                                                           420070005                    97                 0.071
                                                           420070014                   100                 0.073
Washington....................................             421250005                    99                 0.072
                                                           421250200                   100                 0.068

[[Page 6593]]

 
                                                           421255001                    95                 0.072
Westmoreland..................................             421290006                   100                 0.071
                                                           421290008                    99                 0.072
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                    Table 2--Preliminary 2008-2010 Pittsburgh Area 8-Hour Ozone Design Values
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                                                                                              Preliminary 2008-
                    County                           Monitor ID        2008-2010 Average %    2010 Design value
                                                                        data completeness           (ppm)
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Allegheny.....................................             420030008                    98                 0.076
                                                           420030010                    96                 0.072
                                                           420030067                    99                 0.074
                                                           420031005                    99                 0.082
Armstrong.....................................             420050001                   100                 0/076
Beaver........................................             420070002                    97                 0.071
                                                           420070005                    96                 0.073
                                                           420070014                    95                 0.072
Washington....................................             421250005                    99                 0.070
                                                           421250200                    99                 0.068
                                                           421255001                    94                 0.071
Westmoreland..................................             421290006                    99                 0.069
                                                           421290008                    98                 0.072
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    EPA's review of the data indicates that the Pittsburgh Area has met 
the 1997 8-hour ozone NAAQS. Additional information on air quality data 
for the Pittsburgh Area can be found in the TSD.

V. Proposed Action

    EPA is proposing to determine that the Pittsburgh Area has attained 
the 1997 8-hour ozone NAAQS based on 2007-2009 complete, quality-
assured, and certified ambient air quality monitoring data. Preliminary 
data available to date for 2010 are consistent with continued 
attainment. As provided in 40 CFR 51.918, if EPA finalizes this 
determination, it would suspend the requirements for the Commonwealth 
of Pennsylvania to submit, for the Pittsburgh Area, an attainment 
demonstration and associated RACM, RFP plan, contingency measures, and 
any other planning requirements related to attainment of the 1997 8-
hour ozone NAAQS as long as the area continues to attain the 1997 8-
hour ozone NAAQS. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain federal requirements, and would not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed determination that the Pittsburgh Area 
has attained the1997 8-hour ozone NAAQS 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 24, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-2605 Filed 2-4-11; 8:45 am]
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