[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18922-18923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7563]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0818; FRL-9654-1]


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: Final rule.

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SUMMARY: EPA is making a final determination regarding the Harrisburg-
Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster 
nonattainment areas (hereafter referred to as ``Areas'') for the 24-
hour 2006 fine particulate matter (PM2.5) national ambient 
air quality standard (NAAQS). EPA is determining that the Areas have 
clean data for the 24-hour 2006 PM2.5 NAAQS. These 
determinations are based upon complete, quality-assured, quality-
controlled, and certified ambient air monitoring data showing that 
these Areas have monitored attainment of the 24-hour 2006 
PM2.5 NAAQS based on the 2008-2010 data in EPA's Air Quality 
System (AQS) database. EPA's determinations relieve these Areas from 
the requirements to submit an attainment demonstration, associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and other planning State Implementation 
Plans (SIPs) related to attainment of the standard for so long as these 
Areas continue to meet the 24-hour 2006 PM2.5 NAAQS.

DATES: Effective Date: This final rule is effective on April 30, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0818. 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: 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.

I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is making final determinations that the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas 
have clean data for the 24-hour 2006 PM2.5 NAAQS. These 
determinations are based upon complete, 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 monitoring data.
    On January 20, 2012 (77 FR 2941), EPA proposed determinations of 
clean data for the Harrisburg-Lebanon-Carlisle-York, Allentown, 
Johnstown, and Lancaster nonattainment areas. A discussion of the 
rationale behind these determinations and the effect of these 
determinations were included in the notice of proposed rulemaking. EPA 
received no comments on this notice of proposed rulemaking.

II. What is the effect of this action?

    Under the provisions of EPA's PM2.5 implementation rule 
(See 40 CFR 51.1004(c)), the requirements for the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas 
to submit an attainment demonstration and associated reasonably 
available control measures (including reasonably available control 
technology), a reasonable further progress plan, contingency measures, 
and any other planning SIPs related to attainment of the 2006 
PM2.5 NAAQS are suspended for so long as the Areas continue 
to meet the 24-hour 2006 PM2.5 NAAQS. If EPA subsequently 
determines that these Areas violate the 24-hour 2006 PM2.5

[[Page 18923]]

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.
    This action does not constitute a redesignation of these Areas to 
attainment for the 24-hour 2006 PM2.5 NAAQS under section 
107(d)(3) of the Clean Air Act (CAA). Further, this action does not 
involve approving maintenance plans for these Areas as required under 
section 175A of the CAA, nor does it find that the Areas have met all 
other requirements for redesignation. Even after these determinations 
of attainment by EPA, the designation status of these Areas is 
nonattainment for the 24-hour 2006 PM2.5 NAAQS until such 
time as EPA determines that the Areas meet the CAA requirements for 
redesignation to attainment and takes action to redesignate these 
Areas.

III. Statutory and Executive Order Reviews

A. General Requirements

    This action makes determinations of attainment based on air 
quality, and will result in the suspension of certain Federal 
requirements, and will not impose 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 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 May 29, 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.
    These clean data determinations for the 24-hour 2006 
PM2.5 NAAQS for the Harrisburg-Lebanon-Carlisle-York, 
Allentown, Johnstown, and Lancaster nonattainment areas may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: March 19, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2059, paragraph (e) is added to read as follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (e) Determination of Clean Data. EPA has determined, as of March 
29, 2012, that based on 2008 to 2010 ambient air quality data, the 
Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster 
nonattainment areas have attained the 24-hour 2006 PM2.5 
NAAQS. These determinations, in accordance with 40 CFR 51.1004(c), 
suspend the requirements for these areas 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 
these areas continue to meet the 24-hour 2006 PM2.5 NAAQS.

[FR Doc. 2012-7563 Filed 3-28-12; 8:45 am]
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