[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Proposed Rules]
[Pages 2941-2943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1120]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0818; FRL-9619-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Determinations of Clean Data for the 2006 24-Hour Fine 
Particulate Standard for the Harrisburg-Lebanon-Carlisle-York, 
Allentown, Johnstown, and Lancaster Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas 
(hereafter referred to as ``Areas'') for the 2006 24-hour fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS) have clean data for the 2006 24-hour PM2.5 
NAAQS. These proposed determinations are based upon quality-assured, 
quality-controlled, and certified ambient air monitoring data showing 
that these areas have monitored attainment of the 2006 PM2.5 
NAAQS based on the 2008-2010 data available in EPA's Air Quality System 
(AQS) database. If these proposed determinations are made final, the 
requirements for these Areas to submit an attainment demonstration, 
associated reasonably available control measures (RACM), a reasonable 
further progress plan (RFP), contingency measures, and other planning 
State Implementation Plans (SIPs) related to attainment of the standard 
shall be suspended for so long as these Areas continue to meet the 2006 
24-hour PM2.5 NAAQS. This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before February 21, 
2012.

ADDRESSES: Submit your comments regarding the two-state Harrisburg-
Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster area, 
identified by Docket ID Number EPA-R03-OAR-2011-0818 by one of the 
following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2011-0818, Cristina Fernandez, Associate 
Director, Office of Air Program 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-
2011-0818. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
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 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.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following outline is provided to aid in locating information in 
this preamble.

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

I. What action is EPA taking?

    EPA is proposing to determine that these Areas have clean data for 
the 2006 24-hour PM2.5 NAAQS. These determinations are based 
upon quality-assured, quality-controlled, and certified ambient air 
monitoring data showing that these Areas have monitored attainment of 
the 2006 PM2.5 NAAQS based on 2008-2010 monitoring data.

II. What is the effect of this action?

    If these determinations are made final, under the provisions of 
EPA's PM2.5 implementation rule (40 CFR 51.1004(c)), the 
requirements for these Areas to submit an attainment demonstration, 
associated RACM, RFP plan, contingency measures, and any other planning 
SIP requirements related to attainment of the 2006 24-hour 
PM2.5 NAAQS would be suspended for so long as these Areas 
continue to meet this NAAQS. Furthermore, as described below, a final 
clean data determination would not be equivalent to a redesignation of 
any of these Areas to attainment for the 2006 24-hour PM2.5 
NAAQS.
    If EPA subsequently determines that these Areas are in violation of 
the 2006 24-hour PM2.5 NAAQS, the basis for the suspension 
of the specific requirements, set forth at 40 CFR 51.1004(c), would no 
longer exist and these Areas would thereafter have to address the 
pertinent requirements.
    These proposed clean data determinations that the air quality data 
shows attainment of the 2006 24-hour PM2.5 NAAQS is not 
equivalent to the redesignation of these Areas to attainment. This 
proposed action, if finalized, will not constitute a redesignation to 
attainment under section 107(d)(3) of the CAA because we would not yet 
have an approved

[[Page 2942]]

maintenance plan for these Areas as required under section 175A of the 
CAA, nor determinations that these Areas have met the other 
requirements for redesignation. The designation status of these Areas 
would remain nonattainment for the 2006 PM2.5 NAAQS until 
such time as EPA determines that these Areas meet the CAA requirements 
for redesignation to attainment.

III. What is the background for this action?

    The 2006 PM2.5 NAAQS set forth at 40 CFR 50.13 became 
effective on December 18, 2006 (71 FR 61144) and promulgated a 24-hour 
standard of 35 micrograms per cubic meter ([mu]g/m\3\) based on a 3-
year average of the 98th percentile of 24-hour concentration. On 
December 14, 2009 (74 FR 58688), EPA made designation determinations, 
as required by CAA section 107(d)(1), for the 2006 24-hour 
PM2.5 NAAQS. The Harrisburg-Lebanon-Carlisle-York, 
Allentown, Johnstown, and Lancaster areas are designated as 
nonattainment for the 2006 24-hour PM2.5 NAAQS.

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

    EPA has reviewed the ambient air monitoring data, consistent with 
the requirements contained in 40 CFR part 50 and recorded in EPA's AQS 
database for the Harrisburg-Lebanon-Carlisle-York, Allentown, 
Johnstown, and Lancaster PM2.5 nonattainment areas from 2008 
through the present time. On the basis of that review, EPA has 
concluded that these Areas meet the 2006 24-hour PM2.5 NAAQS 
based on the 2008-2010 data available in EPA's AQS database.
    Under EPA regulations in 40 CFR part 50, section 50.13 and in 
accordance with appendix N, the 24-hour primary and secondary 
PM2.5 standards are met when the 98th percentile 24-hour 
concentration is less than or equal to 35 [mu]g/m\3\. Table 1 shows the 
design values for the 2006 24-hour PM2.5 NAAQS for the years 
2008-2010. One new monitor (ID 420950027) was placed in 2010 
in the Allentown nonattainment area because the 2006-2008 data for the 
existing monitor (ID 420950025) in the area was greater than 
85% of the 24-hour PM2.5 NAAQS as required by 40 CFR part 
58, appendix D, Table D-5. EPA's review of the data indicates that the 
Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster 
PM2.5 nonattainment areas meet the 2006 PM2.5 
NAAQS.

                                        Table 1--24-Hour PM2.5 Values for Four Pennsylvania Nonattainment Areas *
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                                                                                                                                             Certified
                                                                                             2008 Mean       2009 Mean       2010 Mean     design value
                State                           County                  Monitor ID         ([mu]g/m\3\)    ([mu]g/m\3\)    ([mu]g/m\3\)      2008-2010
                                                                                                                                           ([mu]g/m\3\)
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                                                            Harrisburg-Lebanon-Carlisle-York
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Pennsylvania.........................  Cumberland..............  420410101..............            33.7            29.9            31.4              32
                                       Dauphin.................  420430401..............            34.3            33.0            32.9              33
                                       Lebanon.................  No monitor.............  ..............  ..............  ..............  ..............
                                       York....................  No monitor.............  ..............  ..............  ..............  ..............
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                                                                        Allentown
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                                       Northampton.............  420950025..............            33.1            30.1            33.3              32
                                       Northampton.............  420950027..............  ..............  ..............            27.6              28
                                       Lehigh..................  No monitor.............  ..............  ..............  ..............  ..............
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                                                                        Johnstown
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                                       Cambria.................  420210011..............            32.2            28.7            30.2              30
                                       Indiana (part)..........  No monitor.............  ..............  ..............  ..............  ..............
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                                                                        Lancaster
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                                       Lancaster...............  420710007..............            35.0            29.4            34.1              33
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* The data presented in Table 1 are available at http://www.epa.gov/air/airtrends/values.html.

V. What is EPA's proposed action?

    EPA is proposing to determine that the Areas have clean data for 
the 2006 24-hour PM2.5 NAAQS. As provided in 40 CFR 
51.1004(c), if EPA finalizes these determinations, they will suspend 
the requirements for these Areas to submit an attainment demonstration, 
associated RACM, RFP, contingency measures, and any other planning SIP 
requirements related to the attainment of the 2006 PM2.5 
NAAQS, so long as these Areas continue to meet the standard. 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 attainment determinations based on air 
quality data and would not, if finalized, result in the suspension of 
certain Federal requirements and would not impose any additional 
requirements. 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

[[Page 2943]]

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 rulemaking that the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster PM2.5 
nonattainment areas have clean data for the 2006 24-hour 
PM2.5 standard 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, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: January 3, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-1120 Filed 1-19-12; 8:45 am]
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