[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Proposed Rules]
[Pages 34297-34300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14094]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0370; FRL-9685-3]


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: Proposed rule.

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SUMMARY: EPA is proposing to make 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 is proposing to determine that the Area has 
attained the 1997 annual PM2.5 National Ambient Air Quality 
Standard (NAAQS). This proposed determination of attainment is based 
upon complete, quality-assured and certified ambient air monitoring 
data for the 2008-2010 period and data available to date for 2011, 
showing that the Area has monitored attainment of the 1997 annual 
PM2.5 NAAQS. If EPA finalizes this proposed determination of 
attainment, 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 shall be suspended for so long as the 
Area continues to attain the annual PM2.5 NAAQS. EPA is also 
proposing to determine, based on quality-assured and certified 
monitoring data for the 2007-2009 monitoring period, that the Area has 
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: Written comments must be received on or before July 11, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0370 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-2012-0370, Donna Mastro, Acting 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-
2012-0370. 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: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What are the actions EPA is proposing?
II. What is the background of these actions?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing?

    In accordance with section 179(c)(1) of the CAA, 42 U.S.C. 
7509(c)(1), and 40 CFR 51.1004(c), EPA is proposing to determine that 
the Pittsburgh Area has attained the 1997 annual PM2.5 
NAAQS. The proposal is based upon quality-assured and certified ambient 
air monitoring data for the 2008-2010 monitoring periods and data 
available to date for 2011 that show that the Pittsburgh Area attained 
the 1997 annual PM2.5 NAAQS. EPA is also proposing to 
determine, in accordance with EPA's PM2.5 Implementation 
Rule of April 25, 2007 (72 FR 20664), that the Pittsburgh Area has 
attained the 1997 annual PM2.5 NAAQS by its applicable 
attainment date of April 5, 2010, based upon quality-assured and 
certified ambient air monitoring data for the 2007-2009 monitoring 
periods.

II. What is the background of these actions?

    On July 18, 1997, EPA established an annual PM2.5 NAAQS 
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to 
as ``the annual PM2.5 NAAQS'' or ``the annual standard''), 
based on a 3-year average of annual mean PM2.5 
concentrations (62 FR 36852). At that time, EPA also established a 24-
hour standard of 65 [mu]g/m\3\. See 40 CFR 50.7. The 1997 
PM2.5 standards were based on significant evidence and 
numerous health studies demonstrating that serious health effects

[[Page 34298]]

are associated with exposures to particulate matter.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d)(1) of the CAA. On 
January 5, 2005, EPA published its air quality designations and 
classifications for the 1997 PM2.5 NAAQS based upon air 
quality monitoring data for calendar years 2001-2003 (70 FR 944). These 
designations became effective on April 5, 2005. The Pittsburgh Area was 
designated nonattainment for the annual PM2.5 NAAQS during 
this designations process. The Pittsburgh Area is comprised of the 
counties of Beaver, Butler, Washington, and Westmoreland in their 
entireties, and portions of Allegheny, Armstrong, Greene, and Lawrence 
Counties. See 40 CFR 81.339 (Pennsylvania).
    On October 17, 2006, EPA retained the annual PM2.5 NAAQS 
at 15.0 [mu]g/m\3\ based on a 3-year average of annual mean 
PM2.5 concentrations and promulgated a new 24-hour standard 
of 35 [mu]g/m\3\ (the ``2006 24-hour standard'') based on a 3-year 
average of the 98th percentile of 24-hour concentrations (71 FR 61144). 
On November 13, 2009, EPA designated the Pittsburgh Area as attainment 
for the 2006 24-hour standard (74 FR 58688). In that action, EPA also 
clarified the designations for the PM2.5 NAAQS promulgated 
in 1997 stating that the Pittsburgh Area was attainment for the 1997 
24-hour standard. Today's action, however, does not address either the 
1997 or the 2006 24-hour standard.
    In response to legal challenges of the annual standards promulgated 
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) remanded this standard to EPA for further consideration. 
See American Farm Bureau Federation and National Pork Producers 
Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given 
that the 1997 and 2006 annual standards are identical, attainment of 
the 1997 annual standard would also indicate attainment of the remanded 
2006 annual standard.
    On April 25, 2007, EPA promulgated its 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 
PM2.5 NAAQS (72 FR 20664). This rule, at 40 CFR 51.1004(c), 
specifies some of the regulatory consequences of attaining the 
standard, as discussed later.

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

    Today's proposed rulemaking action determines that the Pittsburgh 
Area has met the annual PM2.5 NAAQS, based on the most 
recent three years of quality-assured data, and that the Area attained 
the annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010. Under EPA regulations at 40 CFR 50.7, the annual primary 
and secondary PM2.5 standards are met when the annual 
arithmetic mean concentration, as determined in accordance with 40 CFR 
part 50, appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all 
relevant monitoring sites in the subject area.
    EPA has determined that the PM2.5 monitoring network for 
the Pittsburgh Area is adequate. First, the number of monitors in the 
Area meets the minimum regulatory requirements given in 40 CFR part 58, 
appendix D. Second, the monitoring is in accordance with the monitoring 
plans that have been reviewed and approved by EPA. EPA has reviewed the 
quality-assured, quality-controlled, certified ambient air monitoring 
data recorded in the EPA's AQS database for PM2.5 for the 
Pittsburgh Area from 2007-2009 and 2009-2010, consistent with the 
requirements contained in 40 CFR part 50. Preliminary PM2.5 
data for 2011, which is not yet quality-assured and quality-controlled, 
was also reviewed.
    Table 1 shows the design values (i.e., the 3-year average of annual 
mean PM2.5 concentrations) for the annual PM2.5 
NAAQS for the Pittsburgh Area monitors for the years 2007-2009. Table 2 
shows the design values for the annual PM2.5 NAAQS for the 
Pittsburgh Area monitors for the years 2008-2010. Table 3 shows the air 
quality preliminary data available to date for 2011. EPA's review of 
these data indicates that the Pittsburgh Area has met the annual 
PM2.5 NAAQS and that the Area attained the annual 
PM2.5 standard by its attainment date of April 5, 2010.

                                                  Table 1--Pittsburgh Area 2007-2009 Annual PM2.5 Data
                                                                     [In [mu]g/m\3\]
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                                                                                                                                              2007-2009
                     County                           Site ID                  Site name                  2007         2008         2009        Design
                                                                                                      Annual mean  Annual mean  Annual mean     value
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Allegheny.......................................     42-003-0067  South Fayette.....................         13.5         10.8         10.8         11.7
Allegheny.......................................     42-003-0093  North Park........................         13.0          (*)          9.6         11.3
Allegheny.......................................     42-003-0095  Moon..............................         13.6          (*)          9.4         11.5
Allegheny.......................................     42-003-1008  Harrison..........................         15.1         13.4         12.7         13.7
Allegheny.......................................     42-003-1301  North Braddock....................         16.6         14.1         12.1         14.3
Beaver..........................................     42-007-0014  Beaver Falls......................         15.9         13.7         13.0         14.2
Washington......................................     42-125-0005  Charleroi.........................         15.6         13.0         12.6         13.7
Washington......................................     42-125-0200  Washington........................         14.8         12.3         11.1         12.7
Washington......................................     42-125-5001  Florence..........................         13.8         11.3         12.2         12.4
Westmoreland....................................     42-129-0008  Greensburg........................         15.3         12.7         13.5         13.8
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* Incomplete data.


                                                  Table 2--Pittsburgh Area 2008-2010 Annual PM2.5 Data
                                                                     [in [mu]g/m\3\]
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                                                                                                          2008         2009         2010      2008-2010
                     County                           Site ID                  Site name                 Annual       Annual       Annual       Design
                                                                                                          mean         mean         mean        value
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Allegheny.......................................     42-003-0067  South Fayette.....................         10.8         10.8         11.7         11.1
Allegheny.......................................     42-003-0093  North Park........................          (*)          9.6         10.5         10.1
Allegheny.......................................     42-003-0095  Moon..............................          (*)          9.4         11.5         10.5
Allegheny.......................................     42-003-1008  Harrison..........................         13.4         12.7         13.0         13.0
Allegheny.......................................     42-003-1301  North Braddock....................         14.1         12.1         13.7         13.3

[[Page 34299]]

 
Beaver..........................................     42-007-0014  Beaver Falls......................         13.7         13.0         13.2         13.1
Washington......................................     42-125-0005  Charleroi.........................         13.0         12.6         12.5         12.9
Washington......................................     42-125-0200  Washington........................         12.3         11.1         12.1         11.8
Washington......................................     42-125-5001  Florence..........................         11.3         12.2          8.9         10.8
Westmoreland....................................     42-129-0008  Greensburg........................         12.7         13.5         14.0         13.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Incomplete data.


                           Table 3--Pittsburgh Area 2011 Preliminary Annual PM2.5 Data
                                               [in [micro]g/m\3\]
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                                                                                                         2011
                     County                          Site ID                  Site name                 Annual
                                                                                                         mean
----------------------------------------------------------------------------------------------------------------
Allegheny......................................     42-003-0067  South Fayette.....................         10.6
Allegheny......................................     42-003-0093  North Park........................         *9.0
Allegheny......................................     42-003-0095  Moon..............................           **
Allegheny......................................     42-003-1008  Harrison..........................        *11.6
Allegheny......................................     42-003-1301  North Braddock....................        *12.3
Beaver.........................................     42-007-0014  Beaver Falls......................         11.7
Washington.....................................     42-125-0005  Charleroi.........................        *12.0
Washington.....................................     42-125-0200  Washington........................         10.8
Washington.....................................     42-125-5001  Florence..........................          5.9
Westmoreland...................................     42-129-0008  Greensburg........................        *13.7
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* Incomplete data.
** No data available, since the monitor's removal in January 1, 2011.

    While most of the monitoring data satisfy the data completeness 
requirement, monitoring sites ID 42-003-0093 (North Park) and ID 42-
003-0095 (Moon) have missing data for the year 2008. To determine if 
the two monitors are in attainment with the annual PM2.5 
NAAQS during the monitoring periods 2007-2009 and 2008-2010, EPA has 
addressed the missing data by applying a recently developed statistical 
procedure. The diagnostic design values for the North Park and Moon 
monitors in the Pittsburgh Area were below the annual PM2.5 
NAAQS level of 15.0 ug/m\3\. Thus, the results indicate that had the 
North Park and Moon monitors operated more days, the monitors would 
have attained the annual PM2.5 NAAQS during the monitoring 
periods 2007-2009 and 2008-2010. Additional information about the 
monitoring network and air quality data used in this determination can 
be found in the Technical Support Document (TSD) for this action which 
is available online at www.regulations.gov, Docket number EPA-R03-OAR-
2012-0370.

IV. What are the effects of these actions?

    If EPA's proposed determination of attainment based on the most 
recent three years of quality-assured data is made final, the 
requirements for the Pittsburgh Area to submit an attainment 
demonstration and associated RACM, RFP plan, contingency measures, and 
any other planning SIPs related to attainment of the annual 
PM2.5 NAAQS would be suspended for so long as the Pittsburgh 
Area continues to attain the annual PM2.5 NAAQS. See 40 CFR 
51.1004(c). Notably, as described below, any such determination would 
not be equivalent to the redesignation of the Pittsburgh Area to 
attainment for the annual PM2.5 NAAQS. If this proposed 
determination is finalized and EPA subsequently determines, after 
notice-and-comment rulemaking in the Federal Register, that the Area 
has violated the annual PM2.5 NAAQS, the basis for the 
suspension of the specific requirements would no longer exist for the 
Pittsburgh Area, and the Area would thereafter have to address the 
applicable requirements. See 40 CFR 51.1004(c).
    Finalizing this proposed action would not constitute a 
redesignation of the Area to attainment of the annual PM2.5 
NAAQS under section 107(d)(3) of the CAA. Further, finalizing this 
proposed action does not involve approving a maintenance plan for the 
Pittsburgh Area as required under section 175A of the CAA, nor would it 
find that the Area has met all other requirements for redesignation. 
Even if EPA finalizes the proposed action, the designation status of 
the Pittsburgh Area would remain nonattainment for the annual 
PM2.5 NAAQS until such time as EPA determines that the Area 
meets the CAA requirements for redesignation to attainment and takes 
action to redesignate the Pittsburgh Area. In addition, if EPA's 
separate and independent proposed determination that the Pittsburgh 
Area has attained the annual PM2.5 standard by its 
applicable attainment date (April 5, 2010) is finalized, EPA will have 
met its requirement pursuant to section 179(c)(1) of the CAA to make a 
determination based on the Area's air quality data as of the attainment 
date whether the Area attained the standard by that date.
    These two actions described above are proposed determinations 
regarding the Pittsburgh Area's attainment only with respect to the 
annual PM2.5 NAAQS. Today's actions do not address the 1997 
or the 2006 24-hour PM2.5 standards. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission

[[Page 34300]]

that complies with the provisions of the CAA and applicable Federal 
regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the CAA. Accordingly, this action merely proposes 
to approve state law as meeting Federal requirements and does 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 (Public Law 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 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.

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: May 17, 2012.
W.C. Early
Acting Regional Administrator, Region III.
[FR Doc. 2012-14094 Filed 6-8-12; 8:45 am]
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